ASF PAYMENT SOLUTIONS PRIVACY POLICY

Last Modified: 10/22/2020

This Privacy Policy (“Policy”) of by American Service Finance, LLC d/b/a ASF Payment Solutions (“ASF,” “our,” “we” or “us”), which will always be at https://asfpsprod.wpengine.com/privacy is intended to help you understand our privacy practices and how we collect, use, disclose and process your personal information. We also describe your rights and choices with respect to how we process your personal information. This Policy applies to www.asfpaymentsolutions.com, including all subdomains (“Site(s)”), and does not cover personal information collected by any other means. Additionally, this Privacy Policy does not apply to payment processing services, or to any web based or mobile services or software applications offered by ASF, terms for which are included with those sites and products individually. ASF has a “data controller” or direct relationship with all individuals accessing the Sites or submitting personal information via the Sites for any reason.

ACCEPTANCE:

Any entity accessing the Sites (“you”) represents and warrants that you accept the data practices and terms described in this Policy. If you do not agree with this Policy, please discontinue your use of the Sites immediately.

CHANGES TO THIS POLICY:

We may revise this Policy from time to time and without prior notice to you. Except as otherwise noted in this Policy, such changes may apply to any personal information we already hold about you or personal information collected after the Policy is modified. Changes will be posted on this page and are effective as of the “Last Modified” date at the top of this Policy. Please visit this page regularly so that you are aware of our latest updates. Continuing to access or use this Site after any changes become effective indicates your acceptance of the revised Policy.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data processing practices of specific parts of our Site. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

THIRD PARTIES:

This Policy does not apply to information processed by third parties, for example, when you visit a third party website or interact with third party services including those you may access by following a link from the Sites or those with whom we may share information as set forth in this Policy. Please review any third parties’ privacy policies before disclosing information to them.

PERSONAL INFORMATION:

 “Personal Data” means any information about an identified or identifiable individual and any device information that may be linked with an identifiable individual. We collect and process the following types of information. Note: Specific Personal Data elements listed in example are provided for example only and may change. We may create anonymous records from Personal Data for certain business purposes of ASF and its Affiliates as defined below. Any information that is anonymized or aggregated is no longer Personal Data and we may indefinitely use it, share it and retain it for any reason.

Contact Data”: Personal Data about you used to contact you. For example: your name, company name, title, email address, physical address, phone number, username.

 “Performance & Log Data”: Information created by your use of our Sites. For example: your IP address, browser type, operating system, command line information, diagnostic information related to the Site (i.e. crash activity reports), the referring webpage, pages visited, date, your geo-location, your mobile carrier, your device and application IDs and search terms. Note that Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Cookies”: A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. In some cases, Cookies and similar automated data collection technologies may be used to collect personal information, or information that becomes personal information if we combine it with other information.

Other Data”: Any other information that an individual provides to us. For example: survey responses, blog comments, or other communication submitted to ASF.

COLLECTION AND PROCESSING:

We collect your Personal Data through our Sites. Our Sites are public, any information that is disclosed on our Sites may appear on search engines, or other publicly available platforms and may be “crawled,” searched and used by unaffiliated third parties. Please do not post any information that you do not want to reveal publicly.

Customer ServiceWhen you contact us through the Sites, including submitting a “contact us” “request a demo” or other online inquiry form, subscribing to a newsletter or blog, entering a contest, registering for a demo or webinar, completing an online survey or any other means, we may record your Contact Data in our customer relationship management system and use your Personal Data to respond to you. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages to that number to respond to your request and to contact you at that number via an auto-dialer, which we may do at our discretion.

MarketingWe may use your Personal Data to keep you updated about our products and services and send you promotional material about ASF and as permitted by applicable law, on behalf of our parent company, affiliates, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”) and partner companies. Promotional materials may include marketing communications, online surveys, notifications regarding our events and webinars and those of our Affiliates and partners. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages, recorded messages, and/or use an autodialer to contact that number for marketing and promotional purposes, which we may do at our discretion. You may opt-out of our marketing communications at any time.

Cookies & Similar TechWhen you access the Sites or open one of our HTML emails, we may automatically record Performance & Log Data by using Cookies, web beacons, pixel tags, click-stream tracking and similar automated data collection technologies. We use this Personal Data for essential and functional purposes including for site administration, to improve the performance and usability of the Sites, and analyze how users interact with the Sites. On certain portions of our Sites, we may collect Personal Data through these technologies for advertising, remarketing or other similar purposes.

SecurityWe process your Personal Data to enhance the security of our Sites and to combat spam, malware or other security risks. This may include monitoring your activities on our Sites. Without processing your Personal Data for such purposes, we may not be able to ensure the security of our Sites.

Additional ProcessingIf we process Personal Data in connection with your use of the Sites in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.

SHARING:

Information we collect may be shared with a variety of parties depending upon the purpose for and context in which that information was provided. In all cases where we share Personal Data with third parties, we will use a “minimum necessary” standard to disclose only that information required for satisfying the purpose of or performing the service for which the information is disclosed. We generally transfer Personal Data in the following ways:

ConsentWe will share your Personal Data in accordance with your consent for us to do so.

Service ProvidersIn connection with our general business operations, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. Our contracts with these service providers dictate that they only use your information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites subject to this Policy.

AffiliatesIn order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries and parent companies (“Affiliates”). You hereby agree to our sharing some or all of your information and Personal Data with our Affiliates.

3rd-Party PartnersWhen you complete an online inquiry form to which you were referred by a third party partner, any information collected through the ASF hosted online inquiry form may be shared with the referring third party partner. We may share your Personal Data with third parties for marketing or adverting purposes, as permitted by law. For example, when you sign up for a webinar co-hosted by us and a third party partner, we may share your Personal Data with the third party partner. Third party partners may use your Personal Data for their own purposes subject to their own privacy policies.

Business TransactionsYour Personal Data may be processed in the event of a business transaction, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction or may part of the assets transferred, in such case the acquiring company will possess any rights granted to us under this Policy.

Legal DisclosuresIn limited circumstances, we may without notice to you or obtaining your consent, access and disclose your Personal Data any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

RETENTION:

We retain Personal Data for so long as necessary to service the purpose(s) for which your Personal Data was processed and for a reasonable time thereafter, or as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. While retention requirements can vary by jurisdiction, we generally apply the retention periods noted below:

Site ActivityWe may store any information about your activity on our Sites or any Other Data created, posted or shared by you on our Sites for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

MarketingWe store information used for marketing purposes indefinitely until you unsubscribe. When you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.

Cookie DataWe retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from the expiry of the cookie or date of collection. Cookies owned by third parties may have other retention periods.

Call Recording: As required by applicable law, we will inform you that a call will be recorded before doing so. Any recorded telephone calls with you may be retained for a period of up to six years.

YOUR RIGHTS AND CHOICES:

Rights:

You have the following rights in your Personal Data, in each case to the extent required/permitted under applicable law, and subject to our rights to limit or deny access or disclosure under applicable law.

Access: You may request a list of your Personal Data that we process by submitting an official request in writing via email to address provided below.

Rectification: You may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information.

Erasure: You may request that we delete your Personal Data from our systems once per year by making an official request in writing via email to the address provided below and indicating the specific information you would like permanently deleted from our systems.

Data Export: You may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. We also reserve the right to retain certain account information for our recordkeeping or compliance purposes.

Choices:

It is possible for you to access and use the Sites without providing any Personal Data, but you may not be able to access certain features or view certain content and some portions of the Sites may not function properly. You have the following choices regarding Personal Data we process:

ConsentIf you consent to processing you may withdraw your consent at any time to the extent required by law.

Opt-OutYou may opt-out of receiving marketing communications from us by following the opt-out instructions included in such communications. Any communications from us that are not service-related or transactional in nature will offer you an “unsubscribe” option. To the extent required by law, you may choose to opt-out of sharing Personal Data with third parties.

CookiesIf you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or by using a variety of tools.

  • You can visit the Google Ads Settings page here.
  • You can use the Google Analytics Opt Out Browser add on.
  • Digital Advertising Alliance’s opt-out page here allows you to opt out from receiving third party advertiser cookies.
  • You can visit the Network Advertising Initiative opt-out page here.
  • You can control Facebook’s use of interest-based ads through your Facebook account settings or can visit the customer support page here.
  • To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit org.

As there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

CALIFORNIA PRIVACY RIGHTS:

This section only applies to users of our Sites that are residents of the State of California at the time of data collection and are in addition to the rights set forth above. California residents have certain additional rights subject to the California Consumer Privacy Act of 2018 (“CCPA”).

Consumer Information collected through the Sites is collected for our use and is not transferred to any third party for valuable consideration. However, if you are a California resident, you may send us specific instructions not to sell your personal information now or in the future. Such requests can be made via phone, email or in writing to the contact information provided below.

AccessYou may request a list of your Personal Data that we process by submitting an official request in writing via email to the address provided below.

RectificationYou may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information.

ErasureYou may request that we delete your Personal Data from our systems that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to but later withdrew such consent; or was collected in relation to processing activities to which you object and there are no overriding legitimate grounds for our processing.

Data ExportYou may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

Third PartiesCalifornia law provides you have the right to receive the following information: the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and the names and addresses of third parties that received such information or, if the nature of their business cannot be determined from the name, examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make this request by emailing us at the address provided below.

California residents have the right to exercise the privacy rights in this section twice within any 12-month period under the CCPA by contacting ASF at the contact information provided below. California residents may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request subject to CCPA is subject to an identification and residency verification process. We will not fulfill any CCPA request unless we have received sufficient information for us to verify the requestor is properly authorized to make such request and the request provides sufficient detail for us to properly understand, evaluate and respond.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA: we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of good or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

SECURITY:

We have implemented reasonable security measures designed to secure your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure, however we do not provide any guarantee that your Personal Data will remain secure. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites. All information you provide to us is stored on our service providers’ servers which utilize industry standard security controls; however, we do not have control over and will not be liable for third parties’ security processes. Any transmission of information or Personal Data is at your own risk

MINORS:

Our services are neither directed at nor intended for direct use by individuals under the age of 18 or the age of majority in the jurisdiction where they reside. Further we do not intentionally gather information about such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites if you are not the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

INTERNATIONAL TRANSFERS:

We operate in the United States. Our Sites may be accessed from anywhere, and users outside of our target United States markets may submit their Personal Data to us via forms, comment fields, or other input mechanisms. If you are accessing the Sites from outside the United States, or submitting your Personal Data to us from outside the United States, your Personal Data may be transferred to, stored, or processed in the United States and maintained on computers or servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective those in your jurisdiction. By accessing our Sites, you understand and consent to the transfer of your information to the United States and to those third parties with whom we share it as described in this Policy, whether or not we can currently serve your jurisdiction.

CONTACT INFORMATION:

ASF Payment Solutions
9127 South Jamaica St. Suite 200
Englewood, CO 80112

Phone: 800.227.3859
Email: [email protected]