Privacy policy

PRIVACY POLICY AND USAGE TERMS

Red Maple Press, Inc. (“Company”) respects the privacy of others. This Privacy Policy (“Privacy Policy”) is intended to explain Company’s privacy practices with respect to the use of its StagedPay application for processing payments (whether via a webhosted version of the application or through its mobile application, the “Payment Application”). This Privacy Policy is also intended to provide you (together with any business for which you are acting in using the Payment Application) (collectively, “you” or “your”) with an overview of the following:

  • the type of information collected through the Payment Application;

  • how that information is collected;

  • how that information is used;

  • how that information is shared with others;

  • how that information is protected; and

  • how to contact Company.

    THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH THE PAYMENTAPPLICATION. CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY. THIS PRIVACY POLICY APPLIES TO YOUR PERSONAL DATA WHEN YOU USE THE PAYMENT APPLICATION, AND DOES NOT APPLY TO ONLINE WEBSITES OR SERVICES THAT WE DO NOT OWN OR CONTROL, INCLUDING WEBSITES OR SERVICES OF OTHER STAGEDPAY PAYMENT APPLICATION USERS.

    YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THISPRIVACY POLICY, WHENEVER YOU UTILIZE THE PAYMENT APPLICATION AND CONSENT TO THE COLLECTION, USE AND STORAGE OF DATA AS SET FORTH HEREIN. SIMILARLY, IF YOU ARE A CUSTOMER OF COMPANY YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, WHENEVER YOU SUBSCRIBE TO OR PURCHASE AND USE THE PAYMENT APPLICATION TO PROCESS PAYMENTS TO COMPANY THROUGH THE PAYMENTAPPLICATION; AND YOUR CONTINUING USE THE PAYMENT APPLICATION REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

    As used herein, the term“personal information”means information (including personally identifiable information) that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, e-mail address); the term “non-personal information” means any information other than personal information that

Company may collect from you; and the term “Affiliate(s)” means Company’s parents, subsidiaries, and/or affiliates.

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1. TERMS APPLICABLE TO THE USE OF THE PAYMENT APPLICATION

The terms applicable to the use of the Payment Application by a customer of Company is the agreement entered into by and between the customer and Company. If you are acting on behalf of a customer, please contact your employer if you would like to view those terms. If you are a customer of a merchant or vendor who is utilizing the Payment Application, the terms applicable to any transaction processed utilizing the Payment Application are those terms applicable to your transaction between you and the merchant or vendor who has purchased the usage of the Payment Application from Company and the terms applicable to your use of a payment card through the Payment Application is the terms of your agreement with your payment card provider.

2. A SPECIAL NOTE ABOUT MINORS.

The Payment Application is a general audience application intended for use by adults for the processing of payments utilizing their payment cards. The Payment Application is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Company does not collect personal information through the Payment Application from any person other than its customers that have purchased usage of the Payment Application. If Company obtains actual knowledge that it has collected personal information through the Payment Application from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Please note that Company is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires Company to maintain the content or information; when the content or information processed by the Payment Application by a third party other than you (including any payment information that was transmitted to a third party by the Payment Application) and when you made a purchase or received a product or service as a result of your providing the content or information.

The foregoing is a description of Company’s voluntary practices concerning the collection of personal information through the Payment Application from certain minors, and is not intended to be an admission that Company is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

3. CATEGORIES OF INFORMATION COLLECTED.

If you are using the Payment Application as a customer of a customer of Company, Company will not receive any personal or non-personal information about you through the Payment Application. The Payment Application will send the information it processes to its customer in connection and to the your payment card provider (i.e. Visa or MasterCard). Company’s customers will only receive the first and last four digits of your payment information and the payment card provider will receive the information necessary to process payment. Please review the merchant’s or

vendor’s privacy policies and your payment card provider’s policies to find out how they utilize and store your information.

If you are a customer of Company (“Company Customer”) who utilizes the Payment Application, Company will only receive the first and last four digits of your payment information through the Payment Application which it will store with any information it retains regarding your customer relationship with Company. If you are a Company Customer we may store:

  • Your name (first, last, and/or middle);

  • Your login information for the products and services you purchase from Company which you may pay for utilizing the Payment Application (e.g., username, password, stored credentials, payment tokens);

  • Company Customer’s business contact information with respect to purchases you make from Company (e.g., company, title, mailing address, e-mail address, telephone number, facsimile number);

  • Company Customer’s electronic signature on your agreements with Company;

  • Company Customer’s Employer Identification Number (EIN), Taxpayer Identification Number (TIN) and/or other tax ID number in connection with payments Company receives from Company Customer;

  • Company Customer’s billing, payment, credentials, and/or shipping information (e.g., payor or payee name, first and last four digits of Company Customer’s credit card number, ACH information, tokenized data used in processing payments (i.e. truncated versions of your stored credentials), accountholder name, billing address, mailing address);

  • Company Customer’s transactional information (e.g., requests, orders, pricing, payments, payment history, purchase history, purchase orders, purchaser information, shipping or delivery information);

  • Your location data or geolocation, which may include your geolocation when payments are submitted for fraud prevention purposes;

  • Information about third parties that a Company Customer refers to Company (e.g., name, e-mail and/or other contact information, and relationship); and/or

  • Any other information not identified in the categories above that you voluntarily disclose on or through the Payment Application or otherwise in connection with your customer relationship with Company.

4. HOW INFORMATION IS COLLECTED.

Company only receives information from you if you are a Company Customer (as further provided in paragraph 3). No information personal information is provided to Company if you are utilizing the Payment Application to process payments to third parties. If you are a Company Customer, Company receive information when you access or use the Payment Application or purchase Company’s products or services; when you process payment for any Company products or services through the Payment Application or whenever Company asks you for such information, such as, for example, when you purchase products or subscribe to services from Company.

In addition, if you or a third party sends Company a communication (such as, by way of example only, e-mail, letter, fax, phone call, or voice message) about or referencing you or your activities in relation to the Payment Application, then Company may collect any personal or non-personal information provided therein or therewith.

Company might also use various tracking, data aggregation, and data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Please note that if you choose to reject all cookies, then certain areas of the Payment Application might not function properly.

  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.

  • Web beacons, which are pieces of code embedded in a web hosted application or e-mail to monitor your activity on the application or your opening of the e-mail, and which can pass along information such as the IP address of the computer or device you use to view the website or open the e-mail, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities. Please note that if you disable all such cookies, then certain areas of the Payment Application might not function properly.

  • Tokens, which are digital objects or pieces of code that enable the tracking of e-mails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens). Disabling your computer’s, device’s, or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.

  • Scripts, which are pieces of code embedded in an application to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Payment Application, and deactivated or deleted when the user disconnects from the Payment Application. Please be advised that if you disable any scripts through your web browser or other means, then certain areas of the Payment Application might not function properly.

  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience, and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Google Analytics and Twitter analytics are examples of these types of technologies.

  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting, or cross-device tracking).\

    Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Payment Application might not function properly.

    By using the Payment Application, you acknowledge and agree in each instance that you are giving Company permission to monitor or otherwise track your activities on the Payment Application, and that Company may use the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies.

5. USE OF INFORMATION COLLECTED.

Company may use, and may allow others (including the Affiliates) to use, the personal and/or non- personal information it collects from you through the Payment Application in a variety of ways. Examples of those uses might include, for example:

Operate, administer, maintain, and improve the Payment Application and its features;

  • Facilitate and maintain your access and use of the Payment Application and its features;

  • Process your purchases from Company;

  • Process purchases and provide tokenized data to facilitate payment processing on behalf of merchants who use the Payment Application;

  • Conduct research and measurement activities for purposes of Company and Affiliate such as market research, product and service development and similar activities;

  • Improve the products, services, marketing, and promotional efforts of Company and its Affiliates;

  • Create new products, services, marketing, and promotions for Company and its Affiliates;

  • Market the businesses, products, and services of Company and its Affiliates;

  • Monitor payment related activities to prevent fraud or misuse;

  • Monitor volumes of transactions processed to determine applicable usage fees;

  • Analyze traffic, user behavior, and user activity to, on, and through the Payment Application;

  • Protect or enforce the rights and properties of Company and its Affiliates;

  • To prevent and combat terrorism and other serious crimes; and/or

  • Protect or enforce the rights and properties of others (which may include you), assuming that Company believes it has an obligation to do so.

    In addition to all of the foregoing, Company reserves the right, for itself and for those who Company might share your personal and/or non-personal information with (including its Affiliates), to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process or to comply with export control obligations); and/or

  • The user believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Company, its Affiliates, a user of the Payment Application

which may include you, or anyone else who may be harmed by such activities, or to further the user’s legitimate business interests).

6. SHARING OF INFORMATION COLLECTED.

The Payment Application is a software application which allows you to share information in a more secure manner with the other parties to transactions when you use the Payment Application, such as merchants, payment card providers, payment processors and their service providers. The Payment Application will transmit information to the other participants to your transactions, such as the merchants or their service providers and to the payment card providers when you use the Services to pay for goods or services. The information transmitted is described in paragraph 3.

Further, Company reserves the right, but not the obligation, to share the personal information it collects from you through the Payment Application with the following, and to allow others (including its Affiliates) to do the same:

  • Company’s employees, independent contractors, agents, and administrators;

  • Company’s accountants, financial advisors, and legal advisors;

  • Company’s Affiliates;

  • Merchants who utilize the Payment Applications to process purchases you initiate with the merchant, including the provision of data collected to merchants for use with respect to their investigations of disputed payments and chargebacks;

  • Service providers and other third parties who help Company provide, manage, administer, maintain, improve, monitor, distribute, operate, or facilitate the Payment Application; who help Company develop, market, or provide its products and services; or who help further Company’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, Company Customers, payment card processors, payment card providers, advertising partners), as needed in order for them to perform such services or, with respect to Company Customers so that they and the payment card issuer can process payments for products or services paid for using the Payment Application;

  • Law enforcement or other governmental entities in response to what Company or any of its Affiliates believe to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Company or any of its Affiliates to liability if it does not act or comply or to combat terrorism or comply with applicable export controls;

  • Any third parties who Company believes are necessary to help or allow Company or its Affiliates to review its opportunities, protect its rights and properties, and enforce its rights and properties (including, without limitation, to enforce rights under the Company’s Agreements with Company Customers and to protect and enforce intellectual property rights);

  • Any third parties who Company believes are necessary to help or allow Company to protect the rights and properties of others (which may include you), assuming that Company believes it has an obligation to do so; and/or

  • Any third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Company or Company’s business (whether by sale of assets, merger, stock purchase, or otherwise).

    Company does not limit the ways in which it might use or share non-personal information – and Company reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you. For example, Company may freely share non-personal information with Affiliates, vendors, suppliers, representatives, and customers, as well as with other individuals, businesses, and government entities.

7. DATA RETENTION; LIMITATIONS ON DATA COLLECTION.

Company may retain your personal information and non-personal information for as long as it believes necessary. Company may dispose of or delete any such personal information or non- personal information at any time, except as set forth in any other agreement or document executed by Company Customer and Company concerning the same or as required by law.

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to collect this data and tie it to your payment transaction. We will not share your current location with other users or partners other than the payment card processor or the vendor from whom purchases are being made.

If Company elects to collect geolocation data, you will be able to discontinue this data collection by modifying the settings in your mobile device. This data may be collected even while the app is not in use unless you have modified your settings to not allow location tracking and/or the continual location tracking. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. Note, if you disable these features we may not have the ability to provide certain features to you, such as certain protections related to fraud prevention.

If we use Google’s Geolocation API in the Google Maps API to support our geolocation functionality, your use of the Payment Application, by using your application, users are bound by Google’s Terms of Service available at https://policies.google.com/terms?hl=en and the terms of

the Google Privacy Policy available at https://policies.google.com/privacy is hereby incorporated by reference.

8. TRANSACTIONS.

In connection with any transaction that you conduct on or through the Payment Application (e.g., the payment of any subscription or license fees to Company or payment of purchase price payable through third party merchants or vendors who utilize the Payment Application), you may be asked to supply certain information relevant to the transaction (including, without limitation, your credit card or debit card number and expiration date, your billing address, your shipping address, your phone number, and your e-mail address). If you are a Company Customer, by submitting such information, you grant Company without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction. Company does not receive any of the information if your use of the Payment Application is in connection with your payment to a third party merchant or vendor. Company’s relationships with its customers who utilize the Payment Application is merely contractual in nature, and that merchant or vendor is in no way subject to Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents- principals, employers-employees, partners, joint venturers or the like.

9. THIRD PARTY APPLICATIONS AND NETWORKS.

Third-party websites, networks, platforms, servers and/or applications might incorporate the Payment Application to facilitate processing payments through the Payment Application. Your relationship with these third parties may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers, or applications.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE COMPANY FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, PURCHASES YOU MAKE FROM THIRD PARTIES AND SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS). IT IS YOUR RESPONSIBILITY, AND YOUR RESPONSIBILITY ALONE, TO CAREFULLY READ, ACCEPT AND COMPLY WITH ANY AND ALL RELEVANT TERMS OF USE (OR TERMS OF SERVICE), WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS.

10. SECURITY.

Company implements security measures to help protect the personal information it collects through the Payment Application. For example, Company encrypts the transmission of information through the Payment Application by using transport layer security (TLS) technology.

11. RETENTION, REVIEW, AND CHANGE OF INFORMATION COLLECTED.

Subject to the terms of any agreement between a Company Customer and Company with respect to Company Customer information, you may request at any time that Company provide you with an opportunity to review and change your personal information collected through the Payment Application, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to privacy@stagedpay.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the e-mail or letter subject line, and clearly state the following in the body:

  1. the nature of your request;

  2. that the request is related to “Your Personal Information;”

  3. your name, street address, city, state, zip code, and e-mail address; and

  4. whether you prefer to receive a response to your request by mail or e-mail.

Company is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

12. YOUR CALIFORNIA PRIVACY RIGHTS.

If you are a resident of the State of California and Company has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Company free of charge regarding the manner in which Company shares certain personal information collected through the Payment Application with third parties who use such information for direct marketing or promotional purposes; and (b) the discontinuation (or opt-out) of Company’s sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) to privacy@stagedpay.com, with a subject line of “Your California Privacy Rights.”

For each California Privacy Rights Request, please state “Your California Privacy Rights” in the e-mail or letter subject line, and clearly state the following in the body:

  1. the nature of your request;

  2. that the request is related to “Your California Privacy Rights;”

  3. your name, street address, city, state, zip code, and e-mail address; and

  4. whether you prefer to receive a response to your request by mail or e-mail.

Company will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. Further, Company does not respond to “do not track” (DNT) signals.

Finally, as explained further above, Company does not authorize third parties to collect your personal information when you use the Payment Application, except as expressly stated in this PrivacyPolicy. TOTHEFULLESTEXTENTPERMITTEDBYLAW,COMPANYISNOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE COMPANY FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.

13. MODIFICATIONS OF THIS PRIVACY POLICY.

COMPANY MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS, AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE ACCESSIBLE THROUGH THE PAYMENT APPLICATION, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS PRIVACY POLICY EACH TIME YOU ACCESS OR USE THE PAYMENT APPLICATION.

AGAIN, BY VISITING, ACCESSING, OR USING THE PAYMENT APPLICATION YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY AND YOUR CONTINUING VISIT, ACCESS, OR USE OF THE PAYMENT APPLICATION REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

14. SEVERABILITY.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

15. CONTACT US.

Please direct any questions you may have about this Privacy Policy to any one of the following:

By mail: Red Maple, ATTN: Customer Service, 179 S. Main Street, 2nd Floor, Boerne, Texas 78006, with a subject line of “Privacy Policy.”

By e-mail: privacy@stagedpay.com, with a subject line of “Privacy Policy.”

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

16. INTERNATIONAL USERS.

For any of the above purposes and in view of Company’s global operations, you agree that Company may transfer some or all of your personal information, your non-personal information and/or other data to countries outside your resident jurisdiction, and may process and/or store such information in the United States of America. You agree and recognize that countries outside of your jurisdiction may not have as comprehensive data protection laws as those existing in your resident jurisdiction. For more information please contact Company in the manner described in paragraph 15 above.

17. MODIFICATION DATE.

This Privacy Policy was last modified on, and is dated effective as of, January 8, 2019.