Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY SUBSCRIBING, ACCESSING, OR USING OUR WEBSITE OR SERVICES OR A PLATFORM THAT HAS INTEGRATED WITH PAY BY GROUP’S API, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AGREE AND ACCEPT ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS AND CONDITIONS, WHICH YOU SHOULD REVIEW CAREFULLY.

INDIVIDUAL REQUESTS FOR WAIVERS OF THE PRIVACY POLICY WILL NOT BE ACCEPTED. THIS PRIVACY POLICY IS NON-NEGOTIABLE.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

Last Updated September 26, 2016

Pay By Group Inc. ("Pay By Group" or “we”) provides this Privacy Policy ("Policy") to inform you of its policies and procedures regarding the provisioning of its payment services (the “Services”) and the collection, use and disclosure of personal information Pay By Group receives from users and subscribers ("User") of http://PayByGroup.com (“Site” or “Website”), any User information obtained from you, from clients and third party websites (collectively “Platform(s)”), Pay By Group’s Facebook page or application, and Pay By Group’s Twitter account. This Policy applies only to information that you provide to Pay By Group through the Site, Platforms, Facebook, or Twitter.

Pay By Group reserves the right to amend this Policy at any time by posting a revised version at this link, http://paybygroup.com/privacy-policy. The revised version will be effective at the time Pay By Group posts it, unless we provide additional notice oran opportunity to "opt-in" because changes are material or retroactive. Any information you enter on the Platform's website orapplication, oron Pay By Group pages, fields, or resources that are integrated with the Platform's website or application, may be shared with the owner of the Platform website or application, subject to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS) and applicable law. Pay By Group is not responsible for the content or information practices ofPlatforms.

Information Collection

Pay By Group collects the following information: information that Users intentionally provide to Pay By Group, information about Users that third parties provide to Pay By Group to augment or verify that information, and information automatically provided by Users as they interact with the Pay By Group Services or Site. This information may include personally identifiable information, which refers to information about Users that can be used to contact, identify or locate a User, and information on a User's use of and activities on the Site ("Personal Information"). Personal Information that Pay By Group collects may include, but is not limited to, a User's name, billing information, and email address. A User's credit card information is never stored on our server. Personal Information may also include a User's preferences and interests expressed in the course of using the Site or other information gathered from a User's Facebook or Twitter profiles.

In regards to payments, a User may either accept payments or make payments. If a User receives a payment, the User must provide their name, e-mail address, street address, date of birth, government identification number (e.g. the last four (4) digits of your Social Security Number), driver’s license, and bank account information. A User who makes payments provides their name, card number, expiration date, CVV code, street address, country, and zip code. In the event the User pays by ACH or EFT they must provide the payer’s name and bank account information.

Additionally, when a User visits the Site, our servers automatically record information that the browser sends whenever a User visits a website. This information may include, but is not limited to, a User's computer’s Internet Protocol address (IP address), browser type, device ID, internet services provider (“ISP”), information about your computer and software, links, materials you request, your approximate location, referring/exit pages, date/time stamp, the web page the User was visiting before arriving on the Site and other metadata. In the event a Platform embeds Javascript code into page loads, it may instruct Users' web browsers to make web requests back to Pay By Group’s servers to collect information about User page views and other activities. Automatically provided information that uniquely identifies a device or browser is not personally identifiable information, unless it is linked to a particular User.

Pay By Group uses “cookies” to collect certain information. A cookie is a small data file that is transferred to a User's computer’s hard disk to facilitate your computer’s future access to this information. “Persistent cookies” are utilized to save a User's user ID and login password to facilitate future logins. Pay By Group uses cookies to better understand how our Users interact with the Site, to monitor usage and how traffic arrives at the Site, and to improve the functionality of the Site. Pay By Group encodes our cookies so that only we can interpret the information stored in them. You can remove or block persistent cookies using the settings in your browser, but this may limit your ability to use Pay By Group’s Services.


Pay By Groupmay also employ a software technology, called clear gifs or web beacons, that helps us manage content on the Site, and in emails, by informing Pay By Group what content is effective. “Clear gifs” are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users of a website. Clear gifs are embedded invisibly on web pages and are extremely tiny.

Pay By Group does not respond to web browser "Do Not Track" signals or other mechanisms that provide a method to opt out of the collection of Personal Information across the websites and online services Pay By Group participates in. In the event Pay By Group does respond to the “Do Not Track” signals, we will update our Policy.

How We Use Personal Information

Personal Information is used to provide, improve, develop, operate, maintain and enhance the Site, Services, features and content; to administer a User's membership and use of the Site; to enable Users to enjoy and easily navigate the Site; to better understand User needs and interests; to fulfill requests a User may make; to personalize and customize the User experience; to process payment transactions; to resolve disputes, collect fees and troubleshoot issues; to provide or offer software updates and product announcements; and to provide Users with further information and offers from Pay By Group that Pay By Group believes Users may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by Pay By Group or third parties that are authorized by Pay By Group.

Personal Information is gathered to monitor and analyze use of Pay By Group and its services, for technical administration, to increase the Site’s functionality and user-friendliness, to better tailor it to User needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of Users, to verify that the proper information is submitted to fulfill and process User requests and to detect and prevent fraud. If a User decides at any time that they no longer wish to receive Pay By Group emails or communications, they should click on the unsubscribe link provided in Pay By Group's marketing emails or email support@paybygroup.com with subject line "unsubscribe."

Sharing Your Information

Pay By Group works with third-party Merchants ("Merchant(s)") to enable Users to split the cost of the products or services offered on the Merchant’s website. In order to provide the Services toour customers, Pay By Group will use the information you provide in the ways you would reasonably expect. For example, when a User joins into a group, Pay By Group provides that User's information to the Merchant, including information regarding whether or not that User has opted to receive marketing messages from the Merchant. Merchants are obligated not to use a User's Personal Information for any purpose other than providing the goods and services purchased by the User. The Merchant is only allowed to use the Personal Information for marketing messages if the User chose to opt in to the Merchant's marketing messages. You have a right to access this data and correct or remove it. In all cases you can always contact Pay By Group for assistance with regards to your Personal Information.

We may employ trusted third party companies and individuals to facilitate the Pay By Group Site and Service, to provide service on Pay By Group's behalf, to perform Site-related services (including but not limited to maintenance services, database management, web analytics and improvement of Pay By Group’s features), or to assist Pay By Group in analyzing how the Site and Service are used and can be improved. These third party service providers may have access to your Personal Information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Policy, and Pay By Group requires that these third party service providers use such Personal Information only in connection with the services they perform for Pay By Group. As of the date this Policy went into effect, Pay By Group uses the following; (a) Amazon web services (https://aws.amazon.com/service-terms/); (b) Heroku (https://www.heroku.com/policy/tos and https://www.heroku.com/policy/salesforce-heroku-msa); and (c) Spreedly (https://spreedly.com/terms).

Additionally, if Pay By Group is involved in a merger, acquisition, or sale of all or a portion of its assets causing a change in the use of your Personal Information, Pay By Group will provide an updated Privacy Policy on our Website informing you of any choices you may have regarding your Personal Information.

Pay By Group may also share non-personally identifiable User information with third parties that help us better understand how Users use our Service or help us detect and prevent fraud and other unauthorized or suspicious activity. These third parties may use cookies and other technologies to collect non-personally identifiable information about Users and combine it with similar information collected from others. They may use this information to help Pay By Group to better understand our Users.

Onward Transfer and Liability

Pay By Group does not sell, trade, share or rent your Personal Information to unaffiliated third parties. Trusted affiliated third parties may receive your Personal Information in fulfillment of our Services as outlined above. Pay By Group maintains specific contractual agreements with these third parties to ensure that they use the Personal Information only for intended purposes and protect the information as Pay By Group would. If this practice were to change, Pay By Group would specifically provide you with the opportunity to choose to “opt in” or “opt out” of the sharing of your information. In cases of onward transfer to third parties of information in violation of the Privacy Shield Principles, Pay By Group is potentially liable.

Compliance with Laws, Enforcement, and Recourse

Pay By Group must cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Pay By Group is subject to the investigatory and enforcement powers of the Federal Trade Commission, the Department of Transportation and other authorized statutory bodies as applicable. Pay By Group will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Policy. Any employee that Pay By Group determines is in violation of this Privacy Policy will be subject to disciplinary action.

Pay By Group will cooperate with United States authorities, European Union (“EU”) Member State authorities and any other independent third party with regard to the investigation and resolution of complaints or a claim. In the event of a claim and/or legal process (including but not limited to subpoenas), to protect the property and rights of Pay By Group or a third party, to protect the safety of the public or any person, or to prevent or stop any activity Pay By Group may consider to pose a risk of being illegal, unethical, inappropriate or legally actionable, Pay By Group reserves the right to disclose any Personal Information about you to government or law enforcement officials or private parties as Pay By Group in its sole discretion finds necessary or appropriate.

Business Transfers

In the event of a merger, acquisition, reorganization or sale of assets, Pay By Group may sell, transfer or otherwise share some or all of its assets, and our Users' Personal Information may be transferred as part of that transaction.

Except as expressly disclosed in this Policy, Pay By Group will not sell or disclose User information to third parties. Pay By Group will not sell, rent, share, or trade personally identifiable information to third parties for their promotional purposes. Pay By Group may disclose aggregated or other types of non-personally identifiable information to third parties for various purposes.

Changing or Deleting Your Information

A request to delete a User's account is different from a request to unsubscribe from emails and communications. Users may opt to unsubscribe from our email alerts, which will terminate the issuance of automatically generated emails that inform Users about new features of the Site or to market Pay By Group's Services. To delete a User account entirely from Pay By Group.com, the User must email support@paybygroup.com with the subject line "delete account.""

Security

Pay By Group takes the security of Personal Information seriously. Pay By Group has implemented physical, technical, and procedural safeguards to protect User information from unauthorized access, disclosure, alteration, or destruction. Pay By Group uses computer safeguards such as firewalls and data encryption, and authorizes access to Personal Information only for those employees, contractors, third party providers and agents who require it to fulfill their job responsibilities. Pay By Group also takes additional care to protect User information, such as credit card or bank account numbers, if disclosure of the particular type of User information could cause direct financial loss. To that end, all sensitive Personal Information, including credit card data, is transmitted through secure networks supported by high-grade 256-bit encryption. Credit card numbers are not stored or held on our servers.

EU-U.S. PRIVACY SHIELD

Pay By Group stores and processes User information on dedicated servers located in secure data centers that may be located within the United States or in other jurisdictions. If you use the Services from the European Union or other regions of the world with laws governing data collection and use that differ from laws of the United States, then you understand and consent to the transfer of your User information to the United States or other jurisdictions for the uses identified above in accordance with this Policy. You acknowledge and agree that the privacy and data security laws in place in the United States or other jurisdictions may be different from the privacy and data security laws in force in the country in which you reside. By voluntarily providing User information, you hereby agree that you are consenting to our collection, use, storage, and disclosure of such User information in accordance with this Policy.

Pay By Group complies with the EU-U.S. Privacy Shield Framework as set forth by the United States Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union member countries to the United States. Pay By Group has certified to the Department of Commerce that it adheres to the Privacy Shield Principles (https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg). If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Pay By Group commits to resolve complaints about your privacy and our collection or use of your Personal Information. As such, individuals in the European Union with inquiries or complaints regarding this Policy or our Privacy Shield policy should first contact Pay By Group by sending an email tosupport@paybygroup.com. In the event Pay By Group fails to respond or acknowledge your complaint in a reasonable amount of time and/or your complaint remains unresolved, then please contact the European Union data protection authorities (“DPAs”) for more information orto file a complaint. The Services ofEuropean Union DPAs are provided atno cost to you.

In the event the complaint remains unresolved, individuals in the European Union may invoke binding arbitration as outlined in the EU-US Privacy Shield Agreement, Annex I, for some residual claims not resolved by other redress mechanisms.

Our Policy Toward Children

Pay By Group is not directed to nor is it intended for children under 18. Pay By Group does not knowingly collect personally identifiable information from children. If a parent or guardian becomes aware that his or her child has provided Pay By Group with Personal Information without parental consent, he or she should contact Pay By Group at support@paybygroup.com. If Pay By Group becomes aware that a child has provided us with Personal Information, we will delete such information from our files. Users of Pay By Group accept responsibility of ensuring that children are not accessing or using their profile and the Site. If a User is under the age of 18, that User may only use the Site with the consent and under the supervision of their guardian parent.

Contacting Us

If you have any questions about this Privacy Policy, please contact Pay By Group at support@paybygroup.com.

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