Scope and Consent

By using the Netsearch Digital services and/or submitting data to Netsearch Digital, either directly or via platform, software, or other entity that works with Netsearch Digital or uses Netsearch Digital’s services (“Partners”), you expressly consent to our collection, use, disclosure and retention of your personal information as described by this Privacy Policy. You acknowledge that Netsearch Digital’s use of your data is necessary for us to comply with applicable law and to provide contracted services to facilitate payments. Netsearch Digital will use your data only in accordance with the terms of this Privacy Policy.

Throughout this Privacy Policy, we use the term “personal information” to describe information that can be associated with a specific person and could be used to identify that person. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. We may share Personal and non-Personal Information with third parties for any lawful purpose.

Collection of Personal Information

Netsearch Digital will collect the personal information that you provide when you apply or sign up for an account or other Services, go through our identity or account verification process, authenticate your account, communicate with us, answer our surveys, upload content, or otherwise use Netsearch Digital’s Services. Additionally, you can choose to voluntarily provide information to us.

Information collected may include but is not limited to:

  • Identification Information. Your name; email address; mailing address; phone number; photograph; birthdate; passport, driver’s license, Social Security, Taxpayer Identification, or other government-issued identification; or other historical, contact, and demographic information when you apply or sign up for a Netsearch Digital account or other Services, signature, and authentication credentials (for example, information you use to login to your account), including IP address.
  • Financial Information. Information such as bank account, payment card numbers, credit reports, and other publicly available information.
  • Tax information. Withholding allowances and tax filing status.
  • Transaction Information. When you use our Services to make, accept, request, or record payments, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, and the devices and payment methods used to complete the transactions.
  • Business Information. Information about products and services you sell (including inventory, pricing and other data) and other information you provide about you or your business (including appointment, staffing availability, employee, payroll and contact data).
  • Other Information You Provide. Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions performed on the Services.

 

Cookies and Web Tracking

A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Netsearch Digital uses cookies and other web tracking technologies for the purposes described below. Some browsers may be configured to reject cookies from Netsearch Digital, but rejection of cookies may impair or disable certain capabilities of the Netsearch Digital’s services.

Information Security

Information security is critical to our business. We work to protect the security of consumers’ information as well as our merchants through the use of security and encryption software. Any information that is gathered, rather than merely passed through as part of a transaction, is stored on servers located in a secure data center. The number of people with access to these servers is very limited. Firewalls and other security technology are used to prevent system servers and computers from being accessed by unauthorized persons. It is the client’s responsibility to protect against unauthorized access to the system through misuse of individual Client ID, User Name and Password. To assure no unauthorized access, please be certain you log off the system when finished with your session and protect your Client ID, User Name and Password used to access your merchant account.

Usage of Collected Information

Our primary purpose in collecting personal information is to provide the services to you and to provide you with a safe, smooth and efficient customer experience. Subject to your consent if required by law, Netsearch Digital may use your personal information for the following reasons (this is not a definitive list):

  • Complete your requested payment transactions.
  • Prevent, detect and investigate fraud and enforce our policies.
  • Analyze usage in order to provide, develop and improve our services.
  • Personalize your Netsearch Digital experience.
  • Provide updates to you on Netsearch Digital products.
  • Develop new products and services.
  • Deliver the information and support you request.
  • Improve, personalize and analyze trends and usage in connection with your use or the performance of our service.
  • Communicate with you about our services including conducting surveys and collecting feedback about services.

Sharing of your Personal Information

Netsearch Digital does not sell or rent your personal information to marketers or unaffiliated third parties. We may share your personal information, (subject to your consent if required by law) as described below:

  • With our service providers that help us to operate our business.
  • With businesses we have contracted with (and their service providers) in order to allow their customers(you) to process payments using any of Netsearch Digital’s products and services.
  • We will share your personal information in order to complete your transaction(s), provide customer service, prevent fraud and resolve disputes.
  • With the Issuer of your card or account (and their service providers) in order to process your transactions, provide customer service, prevent fraud and resolve disputes.
  • With law enforcement, government agencies or authorized third parties in order to fulfill legal obligations such as responding to subpoenas, investigate or prevent potential or suspected illegal activity, fraud or violations of the Netsearch Digital’s terms of service.
  • Other business entities, should we plan to merge with or be acquired by that business entity. (Should such occur, we will require the new entity to follow this Privacy Policy with respect to your personal information).
  • To obtain commercial and credit information to establish, maintain or renew your contract(s), as may be required to provide any of the services for which a you have subscribed, to comply with the rules and regulations of any credit or debit card payment network or otherwise in accordance with this policy.

Your Rights and Choices

Depending on your location and subject to applicable law, you may have the following rights and choices with regard to your personal information which include the following:

Right to be Informed
You have the right to be informed regarding the collection and use of your Personal Data. Netsearch Digital’s Privacy Policy serves that purpose.

Right to Opt Out

If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails or via the settings. Netsearch Digital will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.

Right to Access

In certain circumstances, you may have the right to request confirmation of whether Netsearch Digital processes Personal Data to you, where and for what purpose and if so, to request a copy of that personal data.

Region-Specific Information

In addition to other applicable rights above, users in the following regions and countries should read the sections below, which contain additional information about regional-specific privacy laws and regulations. In the event of conflict between the information above and the sections below, the sections below will prevail for the regions and countries specified.

– European Economic Area and Canada

o International Data Transfers/Storage/Processing

Your personal information may be transferred to, stored at or processed in countries outside the European Economic Area (“EEA”) and Canada which may not have data privacy laws equivalent to those in the EEA and Canada. You acknowledge the transfer to, and storing, or processing outside the EEA/Canada, of your personal data, as set out in this Privacy Policy. Netsearch Digital will take all reasonably necessary steps to ensure protection of your personal data in accordance with applicable data privacy laws and in accordance with this privacy policy. Netsearch Digital will only permit the transfer of your data in accordance with applicable law.

o Right to Data Portability (EEA Only)

In certain circumstances, you may have the right to receive the personal data concerning you, in a structured, machine readable and commonly used format and to request that we transmit that data to another Company.

o Right to Erasure

In certain circumstances, you may have the right to erasure which entitles you to have Netsearch Digital erase your personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data in certain circumstances provided by law.

o Right to Restrict Processing

You may have the right to request that we restrict processing of your Personal Data in certain circumstances (for example, where you believe that the Personal Data we hold about you is inaccurate or unlawfully held). Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time.

o Right to Rectification

You may have the right to obtain from Netsearch Digital and without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed.

– California

If you are a California resident, you may ask us subject to certain limits under California law (i) to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes (ii) to provide a list of certain categories of personal data Netsearch Digital disclosed to third parties for direct marketing purposes during the preceding year and (iii)the identity of those third parties. Requests should be sent to legal@forte.net

Process for exercising data protection rights.

To exercise your data protection rights, you may contact Netsearch Digital as described in the questions section below. We take each request seriously and will comply with your request to the extent required by applicable law. Netsearch Digital will not be able to respond to a request if we no longer hold your Personal Data.

If you are a Customer of a Netsearch Digital User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using Netsearch Digital as a payment processor, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.

Data Anonymization and Aggregation

Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it. We may share anonymized or aggregated data with our affiliates and with other third parties. This policy does not restrict Netsearch Digital’s use or sharing of any non-personal, summarized, derived, anonymized or aggregated information (i.e., volumes, totals, averages, etc.).

Children’s Information

Our Services are general audience services not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.

System Access

Netsearch Digital gives merchants’ authorized personnel the ability to set system access and user permissions on an individual basis, including system view and administrative settings.

Managing Your Preferences

Subject to your consent if required by applicable law, we may use your personal information to provide you with marketing information about our products and services as well as those of our affiliates and third parties, and we may permit those affiliates or other third parties to send their own marketing to you. Our marketing may be by email, telephone, post or SMS or such other method(s) as may become relevant.

We will take steps to seek to ensure that any marketing from us and which is sent by electronic means will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in emails, we may provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.

How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, you may do so by signing in to your Netsearch Digital account or by contacting us.

Record Retention

Netsearch Digital retain personal information of all Netsearch Digital users as long as Netsearch Digital is providing Services to the user. Netsearch Digital retains personal information after we cease providing services, even if the Netsearch Digital account is closed to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain personal information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

International Data Transfers

We are a global business. Personal Data may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy.

Changes to the Netsearch Digital Privacy Policy

We may change this Privacy Policy at any time by posting an updated version to our website. Changes will become effective 30 days after the last “Posted and Effective” date of the currently displayed Privacy Policy. Please revisit this page periodically to re-read this policy and to ensure you are aware of any changes when you visit the website. Use of Netsearch Digital’s products or services on or after the effective date of the currently displayed Privacy Policy will indicate your acceptance of the currently displayed Privacy Policy.

We are a global business. Personal Data may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy.

Contact Information

In order to exercise your data protection rights, you may contact Netsearch Digital using the contact information below. Netsearch Digital takes each request seriously. Netsearch Digital will comply with your request to the extent required by applicable law. Netsearch Digital will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

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