This Privacy Policy (the “Policy”) describes how we at Nodus Technologies, Inc. (“Nodus”) handle information collected from users of our websites, including www.nodus.com, www.payfabric.com and their respective subdomains, software applications containing a link to this Policy (collectively, the “Sites”), and from customers who register to use our online payment processing services (the “Services”). By using the Sites or Services, you agree to the terms of this Privacy Policy, so please do not use the Sites or Services if you do not agree with these terms.

We may update this Privacy Policy at any time. Any changes to the Policy will become effective upon the date of our posting of the revised Policy on the Sites. If you use the Sites following the effective date of the revised Policy, you will be deemed to have accepted the Policy’s updated terms.

1. What Types of Information Does Nodus Collect?
Nodus gathers different types of information from Site and Service users depending on their interactions with us. Some of this information is personally identifiable information (“PII”), such as your name, postal address, telephone number, email address, financial account number, etc.). Other information, such as demographic information we may collect, generally is not identifiable to you individually.

Information Automatically Collected When You Visit Our Sites. If you visit any of our Sites, the Site automatically collects information about you relating to the visit and your use of the Site (“Usage Information”). This information is “passively” collected from you through browser navigational tools, such as cookies, that recognize your IP address — the Internet Protocol address of the computer that you use to access the Sites. A cookie is a small data file that a website transfers to a user’s hard drive when a user visits the website. A cookie file can contain information such as a unique ID that the website uses to track the pages visited. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, our Sites or certain areas or features of the Sites. To learn more about cookies, please visit http://www.allaboutcookies.org.

We may also use other tools to track your usage of the Sites, such as “pixel tags,” “web beacons,” “clear GIFs” or similar technologies. All of these tools, as used by Nodus, are means through which we can gain an understanding of your and other Site users’ preferences so that we can better design and otherwise improve our Sites and Services to accommodate those preferences. We do not respond to a “Do-Not-Track” signal from Site users.

Information Actively Provided By Site and Service Users. We also collect information that you actively provide to us, such as when you send us an inquiry using your e-mail address or provide us with other contact information for you, or when you register on the Sites or submit an application for one of our Services. This information may include various types of PII, such as name, address, phone number, date of birth, driver’s license number and Social Security number. If you apply for our Merchant Processing Services, we may also collect, with your permission, other PII about you, including your credit history, bank references, and other information relating to your reputation.

2. How Does Nodus Use the Information Collected Through the Sites and Services?

a. Usage Information. As noted, we use Usage Information to help us improve the Sites, such as by analyzing Site visitor trends, including usage of certain pages or functions on the Sites. We may also use non-PII for other purposes, including any of the purposes for which we use PII, as described below.

b. PII. We may use the PII that we collect for any or all of the following purposes:

i. Fulfillment of Requests. We will use PII about you to fulfill your requests for our Services, and to send you information you may request about our products and the Services.

ii. Administrative Communications. We will use your PII to send you important information, such as order confirmations, updates on order status, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt out of receiving such communications.

iii. Other Communications. We may use your PII to inform you of products, programs, services and surveys that we believe may be of interest to you. To the extent such communications are promotional in nature, you may opt out of receiving them, as described in Section 4 below. (“How Can You Manage PII We Collect?”)

iv. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as audits, developing new products and expanding our Services, enhancing the design and functionality of the Sites, improving our Services, and determining the effectiveness of our promotional campaigns.

3. With Whom Does Nodus Share PII Collected Through the Sites and Services?

a. Operational Partners and Third Party Service Providers. We may share PII with unaffiliated third parties who provide us with services, such as the designer and administrator of the Sites, our payment processing vendors (e.g., First Data, WorldPay, PayPal, USAePay, Vericheck, PAI), and others who assist us with ordering procedures, technology, data analysis, or similar services.

b. Financial Institutions. In order to provide our Services, we transmit PII to banks, processors, card associations and other financial institutions that are involved in the processing or screening of transactions related to the Services, subject to the terms of our customer agreements.

c. Acquirers or Assignees. In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Nodus or its assets, we may transfer any and all information that we collect from Site and Service users to the acquiring party or assignee.

d. Entities Entitled Under Law. We may disclose PII we collect to others as we believe to be appropriate in the following circumstances: (i) when required by applicable law, including laws outside your country of residence; (ii) to comply with legal process (iii) to respond to requests from public and government authorities; (iv) to enforce the terms and conditions for use of the Sites and Services, including this Privacy Policy; (v) to protect and defend our rights and property; (vi) to protect the interests and safety of Nodus or others; and (vii) to permit us to pursue available remedies or limit the damages that we may sustain. We have no obligation to notify you of such disclosures, except as required by applicable law.

4. How Can You Manage PII We Collect?

a. Updating or Correcting PII. If you would like to correct or update PII you previously provided to us when registering on the Sites or applying for Services, you may log on to your account on the Site to access and amend the information or you may contact us as indicated in Section 9 below (“Contacting Us”). For your protection, we may need to verify your identity before implementing your request. We will endeavor to comply with your request as soon as reasonably practicable. Please note that we are not responsible for correcting, updating or deleting any information in the databases of third parties.

b. Our Communications With You. If you no longer wish to receive promotional information from us on a going-forward basis, you may opt-out of receiving such information by following the “unsubscribe” directions provided in messages we have sent to you, by changing your preference settings on any page on the Sites where you requested to receive such communications, or, if you are a Nodus customer, by informing your Nodus Customer Care representative. We will endeavor to comply with your request as soon as reasonably practicable.

5. How Does Nodus Protect and Maintain PII Collected Through the Sites?

a. Security. We use reasonable organizational, technical and administrative measures to help protect against the loss, misuse and alteration of the information under our control. We comply with the PCI-DSS standards for protecting payment card information, and require that our service providers that process payment information on our behalf adhere to such standards. However, no data transmission over the Internet, and no data storage system, can be guaranteed to be 100 percent secure. You should be mindful of security risks whenever you opt for electronic transmission of information you consider confidential.

b. Data Integrity and Retention. We will retain PII for the period necessary to fulfill the purposes outlined in this Policy or Nodus’s data retention policies unless a longer retention period is required by law.

c. Other Websites. From time to time, the Sites may contain links to websites operated by parties not affiliated with Nodus. Any such websites are not under Nodus’s control and we are not responsible for the privacy practices of any such unaffiliated parties or the operations of their websites. If you provide any PII through any such third-party website, your transaction will occur on such third party’s website (not any of the Sites) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties, as they are not related to this Privacy Policy.

d. Collection and Use of PII by Others. We do not allow others to collect the PII of visitors to our Sites by tracking the usage of our Sites and other websites over time. We do not knowingly share PII with third parties for their own marketing purposes.

e. Use of the Sites by Children. This Sites are not directed to children under the age of thirteen (13), and we do not knowingly collect PII from any children under age 13. If you are under age 13, please do not submit any PII to us.

f. International Transfers of Information. We store the PII we collect on servers in the United States. By using the Sites and Services, you are deemed to understand and unambiguously consent to the collection and processing of your PII in the United States, with the awareness that the laws of the United States may not provide as much protection for PII as the laws of certain other countries or territories.

Contacting Us.

If you have any questions or concerns related to this Privacy Policy or the information practices of the Sites or Services, you may contact us:

By e-mail: support@nodus.com

By phone: (909) 482-4701 (between 7:00 am and 5:00 pm PT)

By FAX: (909) 482-4705

By mail: Nodus Technologies, Inc. – Privacy Policy Inquiry, 1900 S. State College Blvd., Suite 525, Anaheim, CA 92806