Privacy Policy

Genesis Merchant Solution, LLC Privacy Statement

Genesis Merchant Solutions, LLC is committed to safeguarding the privacy and security of the information we collect. This statement explains the policies we follow with respect to the handling of customer information collected by Genesis Merchant.

Commitment to Privacy and Security
Genesis Merchant Solutions, LLC and its operating entity Genesis Merchant Solutions, LLC (collectively, “Genesis Merchant Solutions”) are committed to safeguarding the privacy and security of the information we collect. This Privacy Statement explains the policies we follow with respect to the handling of customer information collected by Genesis Merchant Solutions. This Privacy Statement covers the services provided by Genesis Merchant Solutions to our merchant customers, including merchant customers using the all third party Mobile Checkout application.

Information We Collect
Genesis Merchant Solutions’s customers, the customers of its affiliates, and the customers of other third-parties for which Genesis Merchant Solutions may provide outsourced or subcontracted processing services, (“Merchants”) are businesses and other legal entities desiring to accept credit or debit cards or other payment methods, as payment for goods or services. Genesis Merchant Solutions does not have direct relationships with, or collect information directly from, individual consumers other than in their capacity as owners or operators of a commercial enterprise. Genesis Merchant Solutions does not provide services for consumer, personal, family or household purposes. The information we receive and collect is strictly related to our business customers and the payment transactions that we assist them in executing, as well as from prospective or potential business customers or website visitors who may be interested in learning more about our services (“Customer Data”). The transaction information we receive from our Merchants may include personal financial information about their customers or applicants (e.g., name, address, credit or debit card account numbers and expiration dates, etc.) who may be individual consumers and other cardholders (“Cardholder Data”). Genesis Merchant Solutions understands that such information is sensitive and takes appropriate steps to protect the confidentiality and security of all information collected by Genesis Merchant Solutions in accordance with this Privacy Statement.

Customer Data and Cardholder Data
Use and disclosure of Customer Data collected by Genesis Merchant Solutions varies based on the information source and type, as set forth below:

Browsing the Website. When you browse Genesis Merchant Solutions’s website, we may collect information regarding the domain and host from which you access the Internet, the Internet Protocol address of the computer or Internet Service Provider you are using, and anonymous site statistical data. In addition, we may collect information that you voluntarily provide us via online forms and questionnaires, including information you may provide about your business in order to apply to become a Merchant, or thereafter if you use any of our online Merchant services. Genesis Merchant Solutions’s website is intended for commercial use only, and we collect, retain and use information about visitors to our websites only for specific business purposes, including: (i) to respond to requests for information about our products and services (see “Your Inquiries” below), (ii) to administer the website or improve site performance, (iii) to provide customer support (e.g., to allow a prospective Merchant to complete an online account application, to allow a Merchant to view and manage records, accounts and funds, or to help enhance our products and services); (iv) for security purposes and to combat fraud (e.g., to protect against unauthorized access to Genesis Merchant Solutions systems, or Merchant accounts and information), (v) to generate broad statistical and demographic information, and (vi) to comply with certain laws, regulations, and card association rules and regulations. In addition, when you link to Genesis Merchant Solutions’s website from the website of any third-party advertiser, we may receive information about you from such third-party, including your contact information and information stored in “cookies” on such third-party’s website. Please check the privacy policy of these websites concerning what information may be collected by the third-party and shared with Genesis Merchant Solutions. Such information is used by us only for the purposes set forth above with respect to information collected directly from you at our own website.
Your Inquiries. When you complete and submit a form on our website, send us an e-mail, send us a fax, or contact us by telephone to solicit information about our services or the company in general, Genesis Merchant Solutions may store the inquiries and their contents. Information you submit via an inquiry is collected only with your knowledge and active participation, and may be used by Genesis Merchant Solutions to respond to your inquiries, to contact you, to inform you of services of Genesis Merchant Solutions or its partners that may be of use to you, and for similar business purposes. Information collected during the course of an inquiry will not be sold or otherwise disclosed to any third party; provided that such information may be shared internally with our affiliated entities for the business purposes set forth above.
Opening an Account or Using Genesis Merchant Solutions Services. When you submit an application to obtain a Merchant account and become a Merchant, you will be required to provide us with certain information about your business, and its owners and officers, which may also act as guarantors of the Merchant’s obligations. Genesis Merchant Solutions may also obtain and store information about the Merchant, and its officers, owners and guarantors, from consumer reporting agencies, credit bureaus, relevant financial institutions, and other entities. Genesis Merchant Solutions may use, retain and disclose this information to (i) comply with any applicable federal legislation requiring Genesis Merchant Solutions to obtain, verify, and record information that identifies each entity with which it establishes a Merchant relationship, and (ii) evaluate your eligibility for a Merchant account, which may involve disclosure to consumer reporting agencies, commercial credit bureaus, and relevant financial institutions. Genesis Merchant Solutions may also use your information to contact you about other Genesis Merchant Solutions offerings and services. If you are, or become a Merchant, Genesis Merchant Solutions may disclose your information during the course of providing such services to card associations, banks and other financial institutions that are involved in the course of processing or screening the transaction, and to third parties that have contracted with Genesis Merchant Solutions to perform certain functions of our services on our behalf. In addition, Genesis Merchant Solutions may use, or disclose your information to third parties for the additional purposes of facilitating and completing merchant-initiated or authorized transactions, complying with federal, state and local laws, including credit reporting laws and card association rules, assisting in preventing fraud, or informing you about general company news, product updates and developments, card association rules, and industry trends, offering you products and services that may be of interest to you, or as otherwise may be permitted or required by applicable law.
Customers of Our Merchants. A customer who purchases a product or service from a Merchant using a credit or debit card, or any other method of payment for which we provide the Merchant with transaction processing services, is required to provide that Merchant with certain Cardholder Data in order to make the purchase, including the customer’s name and credit card number. Our Merchants may transmit certain parts of this information to Genesis Merchant Solutions for the purpose of processing the transaction. During the course of providing processing services to our Merchants, we may disclose such Cardholder Data to banks, processors, credit and debit card organizations and associations, and other financial institutions that are involved in the course of effecting the transaction represented by the Cardholder Data. In addition, we may disclose some or all of the information we collect, to our affiliated companies or to non-affiliated third parties (subject to contractual confidentiality provisions to protect such information) such as a vendor or service company that we hire to prepare our Merchants’ account statements or to provide support or services for one or more of our products. We will not disclose Cardholder Data to any third party, except to facilitate and complete transactions submitted to us by Merchants, or otherwise in the course of providing services to our Merchants, or to comply with federal, state and local laws or the rules and regulations of the respective card organizations or other payment entities (e.g. Visa, MasterCard, American Express, NACHA, etc.).

In addition, Genesis Merchant Solutions may share certain Customer Data (but not Cardholder Data) with its affiliated entities for marketing purposes and other business purposes.

Protection of Cardholder Data and Customer Data
Genesis Merchant Solutions has implemented various measures, including appropriate administrative, technical and physical safeguards, designed to ensure the security and confidentiality of Cardholder Data and Customer Data, protect against anticipated threats or hazards to the security or integrity of such information, and protect against unauthorized access to or use of such information. Such measures may include, among others, encryption, physical access security and other appropriate technologies. Genesis Merchant Solutions continually reviews and enhances its security systems, as necessary. Genesis Merchant Solutions is subject to the detailed rules and regulations of the various credit and debit card organizations and networks (i.e. VISA, MasterCard, American Express, NYCE, Star, etc.), relating to the security and safeguarding of Cardholder Data, including, but not limited to, the Payment Card Industry Data Security Standards (“PCI”), VISA Inc.’s Cardholder Information Security Program (“CISP”) and MasterCard International’s Site Data Protection Program (“SDP”). Genesis Merchant Solutions endeavors to comply with all such rules at all times. Pursuant to such rules and regulations, Genesis Merchant Solutions is required to undergo periodic third-party assessments and periodic network scans to ensure that, among other things, Genesis Merchant Solutions has installed and maintains a firewall configuration to protect data; does not use vendor-supplied defaults for system passwords and other security parameters; protects stored data; encrypts transmission of Cardholder Data and sensitive information across public networks; uses and regularly updates anti-virus software; develops and maintains secure systems and applications; restricts access to data to those with a business need-to-know; tracks and monitors all access to network resources and Cardholder Data; regularly tests security systems and processes; assigns a unique ID to each person with computer access; restricts physical access to Cardholder Data; and maintains a policy that addresses information security. Additional information regarding the requirements of VISA’s CISP and Mastercard’s Site Data Protection program (SDP) can be found on the VISA, Inc. and MasterCard International Web sites.

Responsibility of Merchants
Merchants are also required to comply with various rules and regulations of the various credit and debit card organizations and networks relating to the security and safeguarding Cardholder Data, including, but not limited to, PCI, CISP and SDP. Merchants may be required to undergo periodic third-party data security assessments and periodic network scans to ensure that appropriate security measures are in place.

Additional Internet Privacy Policies
Cookies: By using this site you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this site please either disable cookies or refrain from using this site.

What are Cookies? A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can recognize you when you revisit and remember certain information about you. This can include which pages you have visited, choices you have made from menus, any specific information you have entered into forms and the time and date of your visit.
Types of cookies: There are two main types of cookies:
- Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
- Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to “recognize” you on your return remember your preferences and tailor services to you.

In addition to session cookies and persistent cookies, there may be other cookies which are set by the website which you have chosen to visit, such as this website, in order to provide us or third parties with information

Our use of Cookies: We currently use, and may use in the future, the following types of cookies on this website.

We use session cookies to:

Help us maintain security and verify your details whilst you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.

We use persistent cookies to:

Help us maintain security and verify your details whilst you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.
Remember how you have customized your use of this site, such as your preferred currency and time zone
Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.
Access your information when you “sign in”, so that we can provide you with customized content in online areas such as Genesis Merchant Solutions Online.
Display the most appropriate banners to Genesis Merchant Solutions and third party offerings based on your activity while on Genesis Merchant Solutions’s site.
Conduct research to improve Genesis Merchant Solutions content and services.
Require you to re-enter your Genesis Merchant Solutions password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents or otherwise accessing your account contents without authorization.

Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our website, e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a large file. In addition to cookies which send information to us, we also use cookies which collect information and send it to third parties. An example of this is Google Analytics. Please check the relevant third party website for more information about their use of cookies. Where this site allows such cookies to be set or you access other websites from this site using the links provided, the operators of these websites will use cookies in accordance with their own cookies policy, which may differ from ours. As with first party cookies, you are able to block third party cookies through your browser settings. Some of our cookies may collect and store your personal information, such as your name or email address. We are committed to respecting and protecting your privacy and will ensure that all personal information collected by us is kept and treated in accordance with this privacy policy.

Refusing Cookies on this Site. Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies there are various resources available to you, for example the “Help” section on your browser may assist you. You can also disable or delete the stored data used by technology similar to cookies, such as Local Shared Objects or Flash cookies, by managing your browser’s “add-on settings” or visiting the website of its manufacturer. As our cookies allow you to access some of our website’s essential features we recommend that you leave cookies enabled, otherwise, if cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using this site altogether.

Third-Party Web Sites. Genesis Merchant Solutions may create links to third-party Web sites. In addition, Genesis Merchant Solutions may authorize third-parties to create links to Genesis Merchant Solutions websites. Genesis Merchant Solutions is not responsible for the content or privacy practices employed by third-party Web sites. Nor does Genesis Merchant Solutions control or warrant the utility, merchantability or workmanship of the products or services offered at third-party Web sites.

Web Optimization. Genesis Merchant Solutions also may use cookies to track advertising leads and campaigns from banner advertisements, third party advertisement services and third party web optimization services. Genesis Merchant Solutions may hire third party companies to track and report performance of advertising and marketing campaigns to and from Genesis Merchant Solutions and third party web sites. These companies may also set cookies and use related technology, such as tracking pixels. Tracking pixels (also known as action tags, web beacons, or transparent GIF files) and other similar tracking technologies may be used to collect and store information about user visits, such as the user’s anonymous cookie ID, page visits and duration, and the specific ad or link(s) that the user clicked on to visit the site. No personally identifiable information is stored on these cookies or web pixels. This user activity information is reported to us in the aggregate and is anonymous. We use this information in the aggregate to understand, for example, the effectiveness of our advertising and marketing.

Children. Genesis Merchant Solutions does not solicit or knowingly accept information from persons under the age of eighteen (18). Our web sites are not designed with the intent to attract or encourage viewing by children.

Safe Harbor Participation for EU Cardholder Data. Genesis Merchant Solutions recognizes that the European Union (“EU”) has an “omnibus” data protection regime established pursuant to the European Commission Data Protection Directive (95/46/EC) (the “Directive”). The Directive generally restricts the transfer of personally identifiable information about individuals in the EU to the United States, unless there is “adequate protection” for such information when it is received in the United States. In addition to processing transactions for its own Merchants based in the United States, Genesis Merchant Solutions provides processing services in the U.S. for its European affiliate, Genesis Merchant Solutions Europe Limited, and its European customers. To address the restrictions in the Directive, Paymentech, LLC in the United States (“CPL”) adheres to the EU Safe Harbor Privacy Principles published by the US Department of Commerce (“Safe Harbor”) with respect to Cardholder Data about Merchants’ customers in the European Union that we receive in the United States (“EU Cardholder Data”). We act as a data processor on behalf of Merchants with respect to EU Cardholder Data, and accordingly follow each Merchants’ instructions with regard to the collection, processing and protection of EU Cardholder Data. Our Merchants act as the data controller for any EU Cardholder Data. If any consumers in the EU have any questions about our handling of their EU Cardholder Data, such consumers should first contact the Merchant as this may be the most efficient means of addressing such issues. Consumers in the EU may also reach out to the CPL Safe Harbor Privacy Contact in the Legal Department at Genesis Merchant Solutions, 14221 Dallas Parkway, Dallas, Texas, 75254. Questions that are not otherwise resolved with the Merchant and/or CPL may also be directed to local EU data protection authorities.

Paymentech, LLC, complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Paymentech, LLC, has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Paymentech, LLC’s certification, please visit http://www.export.gov/safeharbor/.

Modifications to Privacy Statement
We continue to review our policies and procedures to assure that they are effective in meeting our commitments to our Merchants. Genesis Merchant Solutions reserves the right to change this Privacy Statement without notice at any time and from time to time, including as needed to comply with the rules and regulations of the various debit and credit card organizations, or to comply with applicable local, state and federal laws and regulations.

Inquiries
If you have a question or comment regarding this Privacy Statement, please contact:

Genesis Merchant Solutions
7215 Long Point Rd
Houston, TX 77055