Effective Date: March 31, 2021
We take your privacy and the protection of your personal information seriously. To that end, we always endeavor to store, process and disclose your personal information in accordance with applicable law; we will work to make it clearer when we collect personal information and will explain what we intend to do with it; and we do our best to protect your privacy through the appropriate use of information security measures.
What information do we collect about you?
Information you give us
We collect information about you when you open an account with us, purchase our products and services and/or remit payment for services. We also collect information about you using cookies, and if you interact with us via phone, social media, websites, or apps. Where you are providing us personal information about another person, such as a family member or coworker, you agree that you will have obtained and will maintain all necessary consents and authorizations necessary to share that information with us.
The types of information that you may give us vary depending on the specific entity with which you are doing business and/or the particular services requested. For example, you may be utilizing our software offerings, and/or related services or solutions. The information you may give us could include categories such as, but not limited to, your name, work or personal address, e-mail address, phone number, date of birth, gender, financial and/or credit card information, passport number, driving license information, Social Security Number, national ID number, personal description and/or photograph, professional licensses and/or certifications, visa/immigration information, as well as customer data, payment data, employee data and/or website user data.
We will only collect sensitive information about you with your consent and/or where necessary to comply with applicable laws. What qualifies as sensitive information may differ based on applicable law, but it is generally understood to mean personal information relating to your racial or ethnic origin, political persuasion, membership in trade or professional associations, sexual preferences, criminal record, or health. For example, we may need to collect certain categories of sensitive information regarding your health records or ethnicity to process a visa application or to assist you in gaining access to certain governmental facilities. By providing us this information, you agree that you have given us your consent to collect, store, use, and transfer it for the purposes provided and as may be permitted under applicable law. You agree further that you will not send us and will not disclose to us any sensitive categories of information unless required by us to provide the services for which you have contracted with us. Where you are providing us sensitive information about another person, you agree that you have obtained and will maintain all necessary consents and authorizations necessary to share such information with us.
Cookies and website usage
Some of our websites might use various analytics systems to help identify problems with our websites and/or to improve website usability and the overall customer experience. This may include recording of mouse clicks, movements and scrolling activity.
We may also automatically collect non-personal information about you such as the type of internet browsers you use or the website from which you linked to our website. We may also aggregate details which you have submitted to us. You cannot be identified from this information and it is only used to assist us in providing effective services, including in connection with this website.
Where we have given you a password to access certain parts of our websites, or where you have chosen one for yourself, you are responsible for keeping that password confidential and for maintaining an adequate level of complexity for your any password you have chosen for yourself. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to/from our websites — any transmission is at your own risk.
Information we receive from other sources
We may receive information about you if you use any of the other websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.
Children’s Online Privacy Protection Act (COPPA) Compliance and Related Information
The Children’s Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. Please note that our websites are not intended for children under 13 years of age and we do not knowingly solicit data online from or market online to, children under 13 years of age. If you are under the age of 13, please do not supply any personal information through the sites. Instead, please have your parent or guardian contact us immediately (Please see the “How to Contact Us” information below), so that we can remove such information from our files.
How do we use the information about you?
We use your information as permitted by applicable law to provide you with information, process orders for products and services that you request from us, and administer or otherwise carry out our obligations in relation to any agreement you have with us.
The Company retains your information for the period necessary to serve a legitimate purpose or as required by law. Examples of when and how we may need to use your data, including transferring it to affiliated entities and/or selected third party service providers, includes but is not limited to the following:
- Responding to inquiries: We may use your contact information, purchase history, account preferences, payment details, location, etc. to help answer your sales- and/or delivery-related questions, or to identify a product or service that is best suited to your needs or most convenient to your physical location.
- Contract fulfillment: We may use your contact information and billing details to execute our agreements with you and to maintain and/or assess our ongoing commercial relationship with you. Depending on the products and services requested, we may need to utilize your personal contact information, date of birth, passport details, visa/immigration information, sensitive information, payment details, health information, location, etc. to fulfill our contractual duties and provide the requested services.
- Product and service development and enhancement: We may use information such as your website activity, purchase history, account preferences, travel history, etc. to better understand the usage of our products and services and to help identify areas for development and enhancement.
- Marketing: We may also use this information to provide you with information about goods or services we feel may interest you. You may opt-out of receiving marketing and promotional messages from us, if those messages are powered by us, by following the instructions found in those messages. If you decide to opt-out you will still receive non-promotional communications relevant to your use of our goods or services.
If at any time you wish us to stop using your information for any the above purposes, please contact us using the methods explained below. We will stop the use of your information for such purposes as soon as it is reasonably possible to do so, subject to legal and contractual restrictions.
How do we share your information?
We do not sell your information
We do not sell the personal information of any customer or vendor to third parties, and we also do not allow the third parties with whom we share your personal information to sell it. We do not sell the personal information of minors under sixteen (16) years of age. While we may be permitted to sell anonymized and de-identified data, as defined by applicable laws, note that such data can no longer identify an individual.
How we may share/disclose your information with third parties
We may share your personal information with other members of our group of companies and with selected third parties for the performance of any contract we enter into with them or you, as well as to determine your satisfaction with the services and/or products that we may be providing you. These third parties will not use your personal information for any other purposes than what we have agreed to with them, and we request those third parties to implement adequate levels of protection in order to safeguard your personal information.
Since the Company operates globally, as noted above the data that we collect from you may be transferred to, and stored at, a destination outside of the country in which you reside (e.g. outside the US, UK, EEA, Australia, Canada, etc.). For example, it may be processed by staff operating outside your country or region who work for us, our subsidiaries, or for one of our suppliers in relation to the fulfillment of your order or administration of your agreement (e.g. in the U.S., Costa Rica, etc.). While the information is under our control, the Company seeks to ensure that your personal information receives the same level of protection as it would had it stayed within your home country, including seeking to ensure that it is kept secure and used only in accordance with our instructions and for legitimate purposes.
Aggregated, Anonymized or De-identified Information
We may also automatically collect non-personal information about you such as the type of internet browsers you use or the website from which you linked to our website. We may also aggregate details which you have submitted to us. You cannot be identified from this information and it is only used to assist us in providing effective services, including in connection with the websites.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. This allows the specific information collected (name, email, address, phone number, etc.) to become anonymous, but allows us to keep the transaction or engagement data. For example, we will not be able to tell if John Smith registered for an event, but we will be able to tell that a person registered for an event and maintain headcount and transactional history. This will allow us to maintain a level of information that helps us develop and improve our sites products and services.
Disclosure of Information for Legal Purposes
How do we store and protect your personal information?
We will store your information only for the period required to serve a legitimate purpose or as required by law. In general, storage may be for the duration of our commercial relationship, for as long as you can bring a claim against us and for us to be able to defend ourselves, and/or for any period required by tax and other applicable laws and regulations. We will take a range of reasonable measures to protect your personal information and to store it in a secure environment, whether that is in paper and/or electronic form. We will also take reasonable steps to protect any personal information from misuse, loss and/or unauthorized access, modification, or disclosure. Authorized employees, representatives and agents will have access to your personal information for the purposes described in this Privacy Notice.
Potential rights under country-specific data privacy laws
Multiple countries have instituted their own data privacy laws that mandate certain rights. The rights that you may exercise under certain key jurisdictions are found below.
If you are eligible and wish to exercise the rights granted under any other applicable data privacy law (e.g. a subject access request), you may contact us using the details found below. Please note that we may not always be able to fulfill your request as there may be legitimate purposes, such as certain legal or statutory obligations, that require us to retain your information as stored or if we believe the change would cause the information to be incorrect.
Please be aware that when we receive a formal written complaint regarding the processing of personal data, we try to resolve it directly with the person who has made the complaint. However as necessary, we will work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding our processing of personal data that we cannot resolve with a complainant directly.
If you are dissatisfied with how we have dealt with your personal information, or you have an issue with our compliance with applicable privacy laws, you may contact us using the contact details below. We will acknowledge your complaint and aim to resolve it as quickly as possible and within applicable statutory deadlines.
You may ultimately choose to raise your concern with the applicable data privacy regulator. Information on which agencies to contact in certain key jurisdictions are highlighted below.
How to contact us
We encourage you to first visit our Privacy Center, which contains additional information regarding our policies and procedures. If you have additional questions, or believe you are eligible to submit a subject access request, you can reach us by email at firstname.lastname@example.org or contacting us by post at:
Attn: Legal Department, Privacy Officer
8650 College Boulevard
Overland Park, Kansas 66210
If you are dissatisfied with how we have dealt with your personal information, you may contact us using the contact details above. We will acknowledge your complaint and aim to resolve it as quickly as possible and within applicable statutory deadlines. Please be aware that when we receive a formal written complaint regarding the processing of personal data, we try to resolve it directly with the person who has made the complaint. However, as necessary, we will work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding our processing of personal data that we cannot resolve with a complainant directly.
Specific Jurisdiction Information
European Union General Data Protection Regulation (“GDPR”)
Under the EU General Data Protection Regulation (“GDPR”), if you are a citizen or resident of a European Economic Area (“EEA”) country or Switzerland, you may have certain rights regarding your personal information, including:
- Right to access information maintained about you;
- Right to ensure your data is accurate and complete;
- Right to erasure, or the right to be forgotten;
- Right to restriction or suppression of personal data;
- Right to data portability;
- Right to withdraw consent if consent was previously provided; and
- Right to raise a complaint to the Information Commissioner’s Office.
If you make a request of us under the above rights, we expect to be able to respond to your request without charge as a general matter. However, we reserve the right to collect a reasonable charge when you request the transcription, reproduction or transmission of such information. We will notify you, following your request for transcription, reproduction or transmission of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request after notification of the charge.
We rely on the following legal grounds to process your personal information, namely:
- Performance of a contract — We may need to collect and use your personal information, including sensitive information, to enter into a contract or to perform a contract that you, your company, or some other intermediary acting on your behalf has with us.
- Consent — Where required by applicable laws, we will rely on your consent for collecting your personal information. Except when otherwise permitted by law, we obtain the requisite consent prior to collecting and prior to using or disclosing your personal information. You may provide your consent to us orally, in writing, by electronic communication or any other means reasonably capable of conveying your consent. If necessary, we will obtain your express consent if we collect, use or disclose sensitive personal information in our capacity as a data controller. We may also share your data with third-party partners for whom you have given us consent. Your consent may be intrinsic to the circumstances such as in the case where you have already provided personal information to us and you maintain your relationship with us or where you provide our representatives with your contact details so that we can contact you. Except when otherwise permitted by law we will only use the data for the purpose for which it was given. From time to time, we may collect, utilize or disclose your personal information based on your consent and as otherwise permitted by law. When your consent is required, you may withdraw your consent at any time (unless withdrawing the consent would frustrate the performance of legal obligations) upon providing to us a 30-day notice. However, the withdrawal of your consent may adversely affect our ability to provide our products and services to you and to maintain our relationship.
We will only process personal information for a specific purpose or for any other purposes specifically permitted by applicable data protection legislation.
If you are dissatisfied with how we have dealt with your personal information, please contact us at the details above so that we can try to find a solution. You may ultimately choose to raise your concern with the applicable data privacy regulator. For EEA countries and Switzerland, Data Protection Authority (DPA) contact details can be found HERE.
Under the Australian Privacy Act 1988 (Cth), if you are an Australian resident, you may have certain additional rights regarding your personal information, including, for example, the right to access and correct the information that we hold about you, and a general requirement to ensure the quality and accuracy of the personal information collected. You may request access to any of the personal information we hold about you at any time, but we may charge a fee for our costs of retrieving and supplying the information to you. If any of the personal information we hold about you is incorrect, inaccurate, or out of date, you may request that we correct it. We will generally rely on you to ensure the information that we hold about you is accurate and/or complete.
Access and correction requirements in the Australia Privacy Act 1988 (Cth) operate alongside and do not replace other informal or legal procedures by which an Australian resident can be provided access to or correction of his or her personal information, such as Australia’s Freedom of Information Act 1982.
If you are dissatisfied with how we have dealt with your personal information, please contact us at the details above so that we can try to find a solution. You may ultimately choose to raise your concern with the applicable data privacy regulator. For Australia, the Office of the Information Commissioner may be contacted either via www.oaic.gov.au, by phone at 1300 363 992, or at GPO Box 5218 Sydney NSW 2001.
Under the Personal Information Protection and Electronic Documents Act (Canada) or similar provincial laws in Canada, if you are a Canadian resident, you may have certain additional rights regarding your personal information, including, for example, the right to access and correct the information that we hold about you, and a general requirement to ensure the quality and accuracy of the personal information collected. You may request access to any of the personal information we hold about you at any time, but we may charge a fee for our costs of retrieving and supplying the information to you. If any of the personal information we hold about you is incorrect, inaccurate, or out of date, you may request that we correct it. We will generally rely on you to ensure the information that we hold about you is accurate and/or complete. TreviPay is the controller of personal information collected in connection with its offering of credit products in Canada. If you are dissatisfied with how we have dealt with your personal information, please contact us at the details above so that we can try to find a solution. You may ultimately choose to raise your concern with the applicable data privacy regulator. For Canada, the contact details for the Privacy Commissioner of Canada can be found at www.priv.gc.ca.
Under the New Zealand Privacy Act 1993, if you are a New Zealand resident, you may have certain additional rights regarding your personal information, including, for example, the right to access and correct the information that we hold about you, and a general requirement to ensure the quality and accuracy of the personal information collected. You may request access to any of the personal information we hold about you at any time, but we may charge a fee for our costs of retrieving and supplying the information to you. If any of the personal information we hold about you is incorrect, inaccurate, or out of date, you may request that we correct it. We will generally rely on you to ensure the information that we hold about you is accurate and/or complete.
If you are dissatisfied with how we have dealt with your personal information, please contact us at the details above so that we can try to find a solution. For New Zealand, the Privacy Commissioner may be contacted by the methods specified here: https://www.privacy.org.nz/about-us/contact/.
Under the California Consumer Privacy Act of 2018 (CCPA), if you are a California resident, you may have additional rights regarding your personal information that are described in this section. We do not sell personal information to third parties. The types of personal information that we may collect from you will vary depending on the TreviPay entity and/or the services you may engage us to provide. Under the CCPA, the different categories of personal information we might collect including, but not be limited to: identifiers (e.g. contact information, government IDs, cookies); information protected against security breaches (e.g. name and financial account, social security number, user name and password, or medical information); protected classification information (e.g. race, gender); commercial information; internet/electronic activity; geolocation; audio/video data; professional or employment related information; education information; biometrics; and inferences from the foregoing categories.
California residents who have provided their personal information to us have certain rights and may make various requests to exercise those rights under the CCPA. Qualifying individuals have the right, for example, to request: (i) information regarding the collection or disclosures and/or sale, if any, of their personal information to third parties; (ii) no more than twice every 12 month period, copies of personal information collected about them over the last 12 months; (iii) that we not sell their personal information to third parties, which we already do not do; and (iv) that such personal information be deleted under certain circumstances. Qualifying individuals also have the right not to be discriminated against because they exercised any of the rights provided for under the CCPA.
As a California resident, you have the right to designate an authorized agent to make a request under the CCPA on your behalf. By submitting sufficient and verifiable documentation (e.g. an agency form) along with your request, you can designate an authorized agent to make requests under the CCPA related to your personal information. To help better protect your personal data we can deny any request by an agent who does not submit sufficient proof that he or she has been authorized by you to act on your behalf.
We may need to collect additional information to verify the identity and legitimacy of the requesting party, and we will respond within 45 clays of receiving such requests as required under the law. Such requests may be submitted to us using the contact details and methods described above.
If you are dissatisfied with how we have dealt with your personal information, please contact us at the details above so that we can try to find a solution. You may ultimately choose to raise your concern with the applicable data privacy regulator. For California, the Attorney General’s office may be contacted via the details provided here.