Privacy policy

Overview

Agave Pay has developed this privacy policy to describe how we collect data, what we do with that data, your rights and choices, and how to contact us about our privacy practices.

It is important that you read this privacy policy and any version provided to you, including in contracts.

This privacy policy applies to your personal data when you visit Agave Pay sites or use Agave Pay products or services. This policy does not apply to third-party websites or services.

What Personal Data Do We Collect?

Personal Data is data that relates to an identifiable person. This does not include data where all means of identifying the person has been removed.

We collect different types of personal information in different contexts in order to provide services:

• To register for an account, you may be asked for your name, address, email address, phone number, and account login credentials.
• In order to process a payment, we may collect account information such as the payment method used (credit card information or checking account information), date of purchase, amount of purchase.
• If you are a consumer, we may receive this information directly from you (on an Agave Pay website or other product) or from a third party.
• Some functionality may require you to provide your date of birth in order to use the functionality
• Some services may be used without creation of an account. In these cases, if a payment is involved, the payment information listed above will be collected.
• If you are a business customer, we may collect information such as social security number, tax ID, full name, address, date of birth, phone number, email address and other business identification information needed to establish a merchant services account.
• A business customer of Agave Pay will need to provide details to register for use of sites or features. These data elements include login credentials and full name.
• Our marketing sites may collect data such as your IP address, full name, phone number and business type

When we request data from you, you do not have to provide it to us. However, we or our clients may be unable to perform services or provide some features without the data.

How do we use Personal Data

We only use personal data in accordance with this policy.

>We retain personal data in order to continue to provide our services to you or those you do business with through our products. We also must retain data to comply with legal or regulatory obligations.

Your personal data may be used for a number of reasons:

• Authenticate your access to an account
• Processing financial transactions
• Tracking and distributing invoices
• Processing health care related transactions
• Communicating with you about your account or transactions
• Performing creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes
• To determine what products or services may be of interest to you

We may also use your personal information for email marketing of products or services which may be of interest to you but will only do so in accordance with consent requirement of applicable law.

How Do We Share Personal Data?

Agave Pay does not sell personal data. We may share your personal data under specific circumstances, outlined below.

Within Agave Pay: we may share your personal data within the Agave Pay company in order to provide services to you including payment processing, account access or other products or services you have authorized and for our administrative purposes.

With Service Providers: We share data with third-party service providers that perform or provide services on our behalf. These service providers may need access to personal data in order to provide services you have requested or agreed to.

With Clients of Agave Pay: Your information may be shared with the merchant or business with whom you are doing business through our products and services. Information is not shared with merchants with whom you are not doing business.

With third party business partners: We may disclose your data to business partners when it is necessary in order to provide products or services to you or to the merchant with whom you are doing business.

With Financial Institutions: We may disclose your data to financial institutions with whom we partner to provide products of services.

With other third parties for our business purposes as permitted by law: We may share data with third parties for a variety of reasons, as permitted by law, to comply with legally compelling orders, to prevent physical harm or financial loss or in connection to suspected illegal activity; to comply with applicable law; or in the standard process of an audit or due diligence process.

International Transfers

Our products and services are comprised of a network of computers, cloud-based servers and other technologies in multiple regions. Data may be transferred, including outside the European Economic Area (EEA).

Whenever we transfer your data, our policies and procedures apply to protect your personal data, and we only do so to provide products or services to you.

Security And Retention

We retain personal data for, at a minimum, a period required by law for reporting and auditing purposes. We maintain a data retention policy which dictates when older data is purged and under what conditions. This policy is determined by what data is needed to provide ongoing services, and what data is needed to produce accurate financial reporting, security audit reporting, and to comply with regulations and requirements.

We secure data using a variety of technologies, including hardware and software firewalls, intrusion detection and response systems, encryption techniques, as well as programming techniques to ensure account restrictions and data availability limitations. We also maintain annual PCI DSS compliance as per the Payment Card Industry.

We have procedures and policies in place to detect, react to and communicate about any breach suspected of including personal data.

We are not responsible for protecting personal data that we have shared with a third party based on a connection or service you have authorized.

Your Privacy Choices

You have some rights regarding to your personal data. Depending on your location of residence and applicable law, you may have some of the following rights with regard to the Personal Data we collect or retain about you:

• You may request a copy of Personal Data that Agave Pay has, if any.
• You may request that we correct any Personal Data of yours that is outdated or incorrect.
• Under certain circumstances, you may have the right to request that Agave Pay delete your Personal Data, if there is no good justification for Agave Pay to retain the data.
• You may request that we restrict our use of your Personal Data while resolving questions about its accuracy or need it retained for your legal purposes.
• You may opt out of receiving communications from us, either by clicking the link in marketing emails or by contacting us to change settings for application event emails such as credit card processing transaction receipt emails.
• You may choose not to provide Personal Data, but this may prevent some functions or services from working.

To make a request of Agave Pay relating to your Personal Data, please contact us via our website, emailing us at security@agavepay.com or you can send mail to:

Agave Pay
5665 N Scottsdale Rd
Suite 120
Scottsdale, AZ 85250

Once we have received a request, the process will involve several steps. We will need to verify your identity and may request a photo ID in order to do so. We will comply with your request to the extent that is feasible and within applicable law. Generally, no fee will apply unless a data extraction is requested.

We take each request seriously, and we will respond to all legitimate requests promptly. If you are a customer of our client, such as a person who has made a purchase from a Merchant using the Paymentsite gateway, please contact the Merchant about your Personal Data first.

Children and Our Services

Our products and services are not intended for use by minors. We do not knowingly collect information from people who are not legal adults. If notified of such collection, we will promptly delete related data, unless we are legally obligated to retain the data.

Cookies

Several of our websites use cookies. Our payment application websites use cookies to provide services to you and to improve the performance of providing those services.

Our marketing sites may use cookies may collect information to enable services or to ensure a consistent presentation of data to you. We may also collect information over time about devices you use, browser types and the means of navigating to our sites.

Changes to this policy

Agave Pay reserves the right to revise this policy at any time to reflect changes in our business, our products and services or applicable law. Changes are effective when we post the revised policy on our site. The version effective date is at the top right of this policy. We may provide you with disclosure and updates through a number of channels including the announcements dashboard in our apps, emails, or by mail to your physical address.

How to Contact Us

You can contact us with requests, questions or complaints by electronically contacting us via our website, emailing us at security@agavepay.com or you can send mail to:

Agave Pay
5665 N Scottsdale Rd
Suite 120
Scottsdale, AZ 85250

v2.0 12/15/2022