Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THE SITE (DEFINED BELOW) OR SUBMITTING ANY PERSONAL OR FINANCIAL INFORMATION. BY USING THE SITE YOU ARE AGREEING TO THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE, DO NOT
USE THIS SITE.

Applicability

This Privacy Statement describes the treatment of information provided or collected on the site where this Privacy Statement is posted (the “Sites”).

PRIVACY STATEMENT FOR MERCHANT CUSTOMER PERSONAL AND FINANCIAL INFORMATION

Protecting the privacy of our merchants is a matter of great importance to Genesis 54, Inc. (together with all successors and assigns, hereinafter “Genesis 54”, “we”, “us”, “our”). We want our merchants to understand what Personal Information (defined below) we collect on the Sites and how we use that Personal Information.

“Personal Information” is information about identifiable individuals directly connected with the merchant. The merchant and each such individual are collectively referred to herein as “you” or “your”.

Your application for Genesis 54’s Services, and/or your continued use of the Genesis 54 Services constitutes your consent to Genesis 54’s collection, use and disclosure of Personal Information, as set out in this Privacy Statement. Please be advised that if you withdraw your consent to our collection, use and disclosure of Personal Information in accordance with this Privacy Statement, we may not be able to provide you with the Genesis 54 Services.

1. Why We Collect Your Information

We gather your Personal Information so we can: (i) evaluate the merchant’s application for the Genesis 54 Services; (ii) underwrite the merchant’s account; (iii) process the merchant’s transactions; (iv) manage all billing processes; (v) enable fraud protection and risk management processes; (vi) provide merchant account servicing; (vii) offer you other products and services; and (viii) support Genesis 54’s legal compliance obligations.

2. Confidentiality and Security

Within Genesis 54, we restrict access to your Personal Information to those who need to know that information to provide products and services to you. We have established physical, technical and administrative security processes that are commensurate with the sensitivity of the information collected to safeguard Personal Information and we employ an independent auditing firm to test the effectiveness of the systems and practices that we have in place. Recognizing that technology is continually developing, Genesis 54 implements new procedures and technology improvements on an ongoing basis to further safeguard your Personal Information.

3. What Information We Collect

During the course of our relationship with the merchant, we may collect the following types of Personal Information about them in the following ways:

  • Personal Information, such as date of birth, home address, home and mobile phone numbers, e-mail addresses and other identifying information that Genesis 54 receives from time to time from the merchant on the application form, on other forms or otherwise;
  • Personal Information that may be delivered in connection with the merchant’s transactions with Genesis 54;
  • Credit and financially-related Personal Information that Genesis 54 receives from consumer reporting agencies, such as credit bureau reports and other information relating to creditworthiness; and
  • Credit and financially-related Personal Information that Genesis 54 receives from other sources, such as the merchant’s financial institution.
  • Financial information concerning your business that you may provide (including over one or more Sites) in order to receive certain Genesis 54 Services.

Certain web pages of the Site (including pages onto which you may be asked to provide personally identifying and financial information) may be hosted on our behalf by third parties under contract with us who are providing services on our behalf. Any data collected by those third parties on our behalf via these pages may only be used by the third parties to provide services on our behalf and not for any other purposes.

4. What Information We Disclose

Your Personal and Financial Information is disclosed to affiliates of Genesis 54 and other third parties to provide you with the Genesis 54 Services. For example, certain Genesis 54 Services are provided to you through Genesis 54 affiliates, and it may be necessary to share your Personal Information (and certain financial information you provide to Genesis 54 through this Site) with these affiliates. Genesis 54 may also disclose your Personal Information to third parties in the normal course of business, including but not limited to: (i) payment networks, and the members of such networks; (ii) electronic funds transfer networks; (iii) clearing and settlement banks; (iv) service companies that perform business operations for Genesis 54, including but not limited to account statement preparation and mailing services; (v) Genesis 54 marketing partners who will advise you of new products and services from Genesis 54 to assist in the growth and development of your business; (vi) courts, independent auditors, law enforcement agencies and other governmental authorities, bodies or agencies in response to subpoenas, to prevent fraud, during the course of an audit or examination or as required by law; and (vii) collection agencies, credit reporting agencies, business credit bureaus or other parties associated in collecting any debt owed by the merchant to us.

Genesis 54 requires all third parties that provide services on Genesis 54 behalf to maintain the confidentiality of information provided to them by us. Service companies and marketing partners are also prohibited from using Personal Information for any reason other than to provide the specific products or services intended. Genesis 54 reserves the right to transfer Personal Information in connection with the sale of all or part of its business or assets.

To provide our merchants with transaction processing services and related products, including but not limited to credit card, charge card, debit card, loyalty card, gift card and stored value card transaction processing services, as well as other value-added products and services that we may offer or that a merchant may request from us and we agree to provide to merchants from time to time (collectively, the “Genesis 54 Services”) as effectively and conveniently as possible, we may provide our affiliates (and other organizations that help us serve our merchants) with access to personal information provided to us in the course of our relationship with our merchant customers.

5. Additional Rights and Modifications

This Privacy Statement does not apply to information we collect other than through the Sites or your relationship with your customers, your financial service providers or with your other vendors. We may amend this Privacy Statement at any time, and will post the amended Privacy Statement on the Sites.

6. Want to Learn More?

If you would like to learn more about how we use your Personal Information to deliver you with the best services and products, please contact us during regular business hours.

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