Privacy pledge and regulatory disclosure
Last update: May 2023
PRIVACY STATEMENT FOR MERCHANT CUSTOMER PERSONAL INFORMATION
Protecting the privacy of our merchants is a matter of great importance to Elavon Canada Company (together with all successors and assigns, hereinafter "Elavon", "we", "us", "our"). We want our merchants to understand what Personal Information we collect and how we use it. We 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 "Elavon Services"). To provide Elavon 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.
"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 Elavon Services, and/or your continued use of the Elavon Services constitutes your consent to Elavon’s collection, use and disclosure of your 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 your Personal Information in accordance with this Privacy Statement, we may not be able to provide you with the Elavon Services.
1. WHY WE COLLECT YOUR INFORMATION
We gather your Personal Information so we can: (i) evaluate the merchant's application for the Elavon 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 (subject to your right authorize commerical electornic messages or to unsubscribe from receiving marketing or commercial communications); and (viii) support Elavon ’s legal compliance obligations.
2. CONFIDENTIALITY AND SECURITY
Within Elavon and our affiliates, we restrict access to your Personal Information to those employees 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, Elavon implements new procedures and technology improvements on an ongoing basis to further safeguard your Personal Information.
3. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT
During the course of our relationship with the merchant, we may collect the following types of Personal Information about you in the following ways:
In addition, when you interact with Elavon websites or applications, we collect information through technology, such as cookies, Flash cookies and Web beacons. Information collected through this technology helps us serve you better each time you visit the site. Cookies are pieces of information that are stored directly on the device you are using. They allow us to collect information such as the type of browser you are using, the amount of time you spend using the services, the sites you visit and the preferences you have set up for your accounts.
You agree that we may monitor, analyze, or record any telephone call we have with you. The content of the call may also be retained. We may inform you before proceeding with the call of this possibility. This is to establish a record of the information you provide, to ensure that your instructions are followed properly and to ensure improve customer service levels and security safeguards.
You agree that all information that you give us will, at any time, be true and complete. If any Personal Information changes or becomes inaccurate or out of date, you shall advise us so we can update our records.
We may use technology to analyze telephone calls we have with you for authentication and security purposes. For example, to authenticate you, we may record a voiceprint, which is a non-reversible mathematical representation of your voice. Thereafter, each time you call us, we may match your voice to that voiceprint and analyze other aspects of the call to make sure it’s you.
4. WHAT INFORMATION WE DISCLOSE
Your Personal Information is disclosed to affiliates of Elavon and other third parties to provide you with the Elavon Services. For example, certain Elavon Services are provided to you through Elavon’s affiliates, and it may be necessary to share your Personal Information with these affiliates. Elavon 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 Elavon, including but not limited to account statement preparation and mailing services; (v) Elavon's marketing partners who will advise you of new products and services from Elavon 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.
Elavon requires all such third parties 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. You can revoke your authorization or opt-out of receipt of commercial emails from marketing partners by contacting Elavon at 1-800-725-1243 or firstname.lastname@example.org.
Commercial Electronic Communications: You can also limit the commercial electronic communications that we send to you. After authorizing commercial electronic messages, to revoke this authorization or to opt out of receipt of commercial electronic messages, simply click simply click the link labelled “unsubscribe” at the bottom of any email we send you. Please note that even if you opt-out of commercial emails, we may still need to provide you with important information about your account, in accordance with the Canadian Anti-Spam Law. If you have any questions about your choices or if you need any assistance with unsubscribing please contact us via email at email@example.com.
Some of our other offices and branches, our affiliates and our shared service providers or other third parties are located outside of Canada. As a result, your Personal Information may be accessible to regulatory authorities in accordance with the law of these jurisdictions. We maintain physical, electronic, and procedural safeguards that comply with applicable law in applicable jurisdictions to guard Personal Information. Subject to applicable law in any applicable jurisdiction, we require third parties to whom we disclose Personal Information to protect the information in a manner that is consistent with this Privacy Statement.
Elavon reserves the right to transfer Personal Information in connection with the sale of all or part of its business or assets, in compliance with applicable laws.
5. ADDITIONAL RIGHTS AND MODIFICATIONS
6. WANT TO LEARN MORE?
Using the form below, customers may contact Elavon to learn more about how we use Personal Information to deliver the best services and products. You will be required to verify your identity and to provide other details to help us to respond to your request. Customers may verify the accuracy and completeness of their Personal Information, and may request that it be amended, if appropriate.
If your inquiry has not been satisfactorily addressed by Elavon, please contact the Privacy Commissioner’s Office at https://www.priv.gc.ca. The Privacy Commissioner will then act as a liaison with Elavon to resolve your concerns.
7. PRIVACY OFFICER CONTACT INFORMATION
Matt Toohey serves as the Canada Privacy Officer and Quebec Privacy Officer and can be contacted at:
Elavon Canada Company
Attn: Canada Privacy Officer
Quebec Privacy Officer
4576 Yonge Street, Suite 200
Toronto, Ontario M2N 6N4