At Central Payment Co., LLC dba TSYS Independent Partner Sales (“TSYS”), we respect your concerns about privacy. This Privacy Notice (“Notice”) relates to the collection of personal information from users of our websites (“Sites”) and mobile applications (“Apps”) in the course of our business activities.
For the purpose of this Notice, TSYS, “we” and “us” refer to TSYS, Inc. and its subsidiaries and affiliates, as the context requires. Our privacy practices vary depending on the services we provide. For some products and services, where required, we will provide additional privacy notices before collecting your personal information. Please read this Notice carefully. If you have any questions, you may contact us at privacy@globalpay.com or by the methods provided in the “Contact Us” section below.
TSYS provides payment processing and related ancillary products and services, (collectively referred to as the “Services”). For our Customers, information about disclosures, transfers and other processing of personal information as part of the Services is set out in the documentation provided to them at or before onboarding. This Notice is a supplement, not a replacement, to that documentation and relates specifically to information we collect through our Sites and Apps.
Please be aware that not all of the information in this Notice will be directly applicable to our handling of your personal information. This Notice provides an overview of the possible circumstances in which we may interact with your personal information. If you have any questions about our processing of your personal information, please contact us at privacy@globalpay.com.
TSYS collects personal information from users of our Sites and Apps who might be our Customers, prospective Customers, and Customer end users (“End Users”) who engage with our Sites and Apps as part of the Services we provide to our Customers.
Because TSYS’s relationship with Customer End Users is indirect, we process such End User personal information only for the purposes of providing the Services, in accordance with our Customer’s instructions. Under applicable privacy laws, in this context, TSYS would be considered a service provider or processor. If you are an End User who has a relationship with one of our Customers and you have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
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Through our Sites and Apps, subject to your consent if required by law, we may collect the following personal information:
Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data. For example, we may use anonymized or aggregated data for statistical analysis including to analyze trends, for product development, and for risk assessments and cost analysis. We may share anonymized or aggregated data with our parent, subsidiaries, affiliates or with other third parties.
We collect personal information from several sources that we use to provide our Services to you, to analyze and improve our Services, and to communicate with you. Those sources include:
Subject to your consent if required by law, we may use your personal information for the following business purposes:
We share your personal information in the manner and for the purposes described below:
TSYS may also disclose personal information about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process, to enforce our agreements, policies and terms of use and to protect or defend the rights, safety or property of TSYS, users of the Services or any person.
In addition, subject to applicable legal requirements, we may share personal information in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business assets to another company.
We do not sell your personal information to third parties.
Subject to your consent if required by law, we may appoint an affiliate company to process personal information in a service provider role. In most cases, we will remain responsible for that company’s processing of your personal information pursuant to applicable data privacy laws.
Because our affiliate companies are located around the globe, your personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence.
We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights.
Subject to your consent if required by law, we will collect and process your personal information as necessary to set up and administer your sign up to, and use of, the log in facility available on our Sites and Apps. We will use “cookies” to “remember” the machine or other device you use to access our Sites (see “Cookies and Other Tracking Technologies” below). Please remember that if we contact you, we will never ask you for your password in an unsolicited email, message or phone call. If you choose to use the log in facility available on our Sites and Apps, you are required to adhere to the security procedures we establish in the documentation we provide you as part of the Services.
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected attempts to access or use our systems in a way that is inconsistent with our legal terms or security controls may be reported to the appropriate authorities.
Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the internet.
When we no longer need your personal information to provide the Services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified. Where we are collecting or storing your personal information on behalf of our Customer, the retention of your personal information may be subject to our contractual obligations to our Customer.
A “cookie” is a text file that is stored to your browser when you visit a website.
Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of “remembering” computers or other devices used to access the Sites and Apps.
Cookies can be classified by duration and by source:
On some Sites, when technically feasible, we will enable tools to help you make choices about cookies. You may also delete or block cookies at any time by changing your browser settings. You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.
TSYS may provide links on our Sites to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Notice applies solely to information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using such other websites.
Subject to your consent if required by applicable law, we may use your personal information to provide you with direct marketing information about our products and services as well as those of our global affiliates and third parties. Our direct marketing may be by email, telephone, post or SMS or such other method(s) as may become relevant. In addition, we may provide direct marketing information and permit others to do that as allowed by our customers’ respective contracts.
We will take steps to seek to ensure that any direct marketing from us and which is sent by electronic means will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in emails, we may provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.
If you use our Sites or Apps for the purpose of engaging with one of our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have engaged.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some users, including residents of the state of California, may have certain rights in relation to their personal information. These rights may include:
| CA Resident Rights | What does this mean? |
|---|---|
| Right to know about personal information collected, disclosed, and sold |
You have the right to be provided with clear and easy-to-understand information
about how we use your personal information. This is why we are providing you
this Notice and we may provide other forms of notice, as appropriate or
required by law, in the Sites and Services. You also have the right to access and receive a copy of the personal information we hold about you. |
| Right to opt-out of the sale of personal information | You may request that we do not sell your personal information to third parties. |
| Right to request deletion | In some circumstances, you have the right to have your personal information erased or deleted. |
| Right to equal service and prices (“non-discrimination”) | Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing. |
Our Sites are not intended for use by children. We do not solicit or knowingly accept any personal information from persons under the age of 18. Please do not use this website if you are under the age of 18.
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at any time. When we amend this Notice, we will revise the “Last Updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. If you provide personal information to us or access or use our Sites after this Notice has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.
This Notice, including all revisions and amendments thereto, is governed by the laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
By using our Sites and Apps, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against TSYS and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "TSYS Entities") arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Notice and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable TSYS Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any TSYS Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any TSYS Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, TSYS agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TSYS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor TSYS shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If you have questions about this Notice, or if you want to exercise your rights as described in this Notice, you may contact us as follows:
TSYS Independent Partner Sales
Attn: Legal Department
1601 Dodge St, 26E
Omaha, NE 68102
privacy@tsys.com
800-228-2443
In order to honor any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you designate an authorized agent to make a rights request on your behalf, we may require proper proof of that authorization as well as direct verification of your identity from you.