Privacy Policy

Policy Reviewed and Updated Date – 4/28/2025

ACCESSIBILITY

FortivoPay, LLC (“we,” “our,” or “us”) collects and processes information about you as described in this Privacy Notice (this “Notice”). In this Notice, we use the term “Personal Information” to refer to information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, household or device. We are committed to protecting the privacy of those with whom we interact. This Privacy Notice contains details about how we collect, use, and share Personal Information that we obtain from and about you when you interact with us. Please read this Notice carefully.

Applicability

This Notice does not apply to job applicants or our employees. Whenever you interact with us on behalf of another individual or entity, such as by providing or accessing Personal Information about another individual, you represent that your interactions and exchanges comply with applicable data protection laws. You shall have sole responsibility for any violation of privacy laws as a result of a failure to inform the other individual about how their Personal Information will be processed or to obtain any necessary consent from such individual.

Providing certain Personal Information and obtaining necessary consents are essential to allow FortivoPay to deliver its services. If you withdraw your consent or decline to provide required Personal Information, it may affect our ability to provide services, resulting in delays, restricted access, or our inability to deliver certain products or services.

What Personal Information Do We Collect?

Sources of Information

1. Information You Provide. We may collect Personal Information from you directly, such as when you use our mobile application, join and participate in our programs, take surveys, enter a contest, participate in promotions, or otherwise communicate with us. We may also collect demographic information that you provide to us, such as your zip code or age or other Personal Information that could identify, relate to, describe, or is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with you.
   
   b. Information Collected Automatically. We may also collect Personal Information from you by “passive” means, such as when you interact with our website, or mobile application. We may collect your website browsing patterns or IP address to analyze the trends, to administer our website, and to gather broad demographic information for aggregate use.
   
   c. Social Media. Our website or mobile application may, from time to time, contain links to and from social media platforms. You may choose to connect to us through a social media platform, such as Facebook or Twitter, and when you send us a direct message, we may collect additional information from you, such as your screen names, profile picture, and contact information through the social media platform so that we can respond to your direct inquiry. Please be advised that social media platforms may also collect information from you. When you click on a social plug-in, such as Facebook’s “Like” button or Twitter’s “tweet” button, that particular social network plugin will be activated and your browser will directly connect to that provider’s servers. We do not have control over the collection, use and sharing practices of social media platforms and encourage you to review their usage and disclosure policies and practices, including the data security practices, before using the social media platforms.
   
   d. Information from Third Parties. We may receive information about you and your interactions with us from third parties, such as from third party service and content providers, companies that provide personal and criminal background information in accordance with Visa® and MasterCard Rules®, and others interacting with us.

Verification

In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. If you are submitting a request on behalf of an entity, we will need to verify each member of the entity in the manner set forth above. In connection with a request for the specific Personal Information we hold about you, you must provide your first and last name, ISO number, your email address, the email address you provided when you enrolled, your street address, and your city and state of residence to verify your identity, as well as a signed declaration under penalty of perjury that you are who you say you are. In connection with a request for the categories of Personal Information we hold about you, we will request your first and last name, ISO number, your email address, the email address you provided when you enrolled in (if applicable), your street address, and your city and state of residence to verify your identity. For a Right to Delete request, we will request first and last name, ISO number, email address, the email address you provided when you enrolled, street address, and city and state of residence to verify your identity.

Authorized Agents

You may use an authorized agent to exercise your rights on your behalf. If you are making any of the requests above through an authorized agent, you or the authorized agent must provide written authorization and we will verify the identity of you and the authorized agent as described above. Alternatively, we will accept a legal Power of Attorney under the Texas Probate Code to the authorized agent. To make a request using an authorized agent, please email documentation demonstrating the agent’s authority to exercise rights on your behalf to [email protected].

Timing

We will respond to Requests to Delete and Requests to Know within 45 calendar days, unless we need more time in which case we will notify you and may take up to 90 calendar days total to respond to your request.