Privacy Policy

This Privacy Policy describes Willowpay, Inc.’s and any of our U.S. affiliates’ (collectively, “Willowpay,” “we”, “us”, or “our”) practices and the privacy rights of users of Willowpay Services (“you”) regarding our collection, use, storage, sharing and protection of your personal information. It applies to the Willowpay website and all related sites, applications, services and tools, including the Willowpay app, regardless of how you access or use them. We may offer you the ability to connect with Willowpay Services using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

Certain portions of this Privacy Policy may only apply to you if you are a resident of certain jurisdictions, as further described below.

Please read this Privacy Policy carefully. By accessing and using this website or any other Willowpay Services, you confirm that you have read and understand this Privacy Policy in its entirety. You understand and acknowledge that we reserve the right to change or amend this Privacy Policy at any time, which will be reflected by the “effective” date above. You understand that.

If you do not agree to this Privacy Policy in its entirety, you must refrain from using this website or any other Willowpay Services.

Note that if you become a Willowpay customer, you will also receive Privacy Notices, the content of which will be consistent with this Privacy Policy when delivered.

How You Can Contact Us about Privacy Questions

If you have questions or concerns regarding this Privacy Policy, you should contact us at legal@willowpay.com.

Scope and Consent

You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively “Willowpay Services”). This Privacy Policy applies US law and is intended to govern the use of Willowpay Services by our users (including, without limitation those who use the Willowpay Services in the course of their trade or business) in the United States, unless otherwise agreed through contract. We may amend this Privacy Policy at any time by posting a revised version on our website. The revised version will be effective as of the published effective date, in which case you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. However, when the revised version includes a substantial change, we may be required to provide you with notice of the new policy before the updates become effective for you, or else the updates will not be effective until 30 days after the published effective date. 

Collection of Personal Information

We may collect the following types of personal information in order to provide you with the use of Willowpay Services, and to help us personalize and improve your and others’ experience. 

Information we collect automatically: When you use Willowpay Services, we may collect information sent to us by your computer, mobile phone or other access device. The information sent to us may include, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information. We also collect anonymous information through our use of cookies and web beacons. 

Information you provide to us: We may collect and store any information you provide us when you use Willowpay Services, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Willowpay Services.

When you use Willowpay Services, we also may collect information about your transactions and your activities, such as records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. In addition, if you open a Willowpay account or use Willowpay Services, we may collect the following types of information:

• Contact information, such as your name, address, phone, email and other similar information.
• Financial information, such as information about your current employer and your employment history and the full bank account numbers and/or credit card numbers that you link to your Willowpay account or give us when you use Willowpay Services.
• Detailed personal information such as your date of birth or Social Security Number.
• Biometric information, such as information about your physiological, biological and behavioral characteristics.
• We may also collect information from or about you other than through your use of the Willowpay Services, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Willowpay corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Willowpay may monitor or record its telephone conversations with you or anyone acting on your behalf, subject to applicable law. By communicating with Willowpay, unless otherwise provided by applicable law, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

Information from other sources: We may also obtain information about you from third parties such as credit bureaus and identity verification services with whom we have contractual relationships. You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Willowpay account and authorizing Willowpay to have access to this information, you agree that Willowpay may collect, store and use this information in accordance with this Privacy Policy. 

Mobile Devices: When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device’s setting’s menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacture of your particular device. 

How we use the personal information we collect

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience with the Willowpay Services. We may use your personal information to:

• provide Willowpay Services and customer support;
• communicate with you, respond to your requests, and send information to you; including communications regarding our site or Willowpay Services, updates and/or any changes to our site or Willowpay Services;
• process transactions and send notices about your transactions;
• verify your identity, including during account creation and password reset processes;
• resolve disputes, collect fees, and troubleshoot problems;
• manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
• detect, prevent or remediate violations of policies or applicable user agreements;
• improve the Willowpay Services by customizing your user experience;
• measure, analyze and gain insights into the performance of the Willowpay Services and maintain or improve their content, design, delivery and layout;
• manage and protect our information technology infrastructure;
• provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences;
• contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;
• perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties;
• other business or operational purposes compatible with the context in which the personal information was collected;
• prevent fraud and other illegal activities;
• comply with applicable law;
• defend our legal rights.

We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Willowpay Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. To reach you as efficiently as possible, we may contact you via phone, and may use autodialed or prerecorded calls and text messages. Where applicable and permitted by law, you may decline to receive certain communications

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize Willowpay Services, content, and advertising delivered to you and other users. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by logging into your account and going to the Notifications section and updating your preferences, or by following the directions that may be provided within the communication or advertisement.

We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.

How We Use Cookies and Similar Technologies

When you access our website or use Willowpay Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, e-tags, “Flash cookies,” or other local storage provided by your browser or associated applications (collectively “Cookies”). We use these technologies to recognize you as a customer; customize Willowpay Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and Willowpay Services.

You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and Willowpay Services.

Do Not Track: Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals. We do, however, provide you notice of the tracking by advertisers and other third parties in our Privacy and Cookies policies.

How We Protect and Store Personal Information

Throughout this Privacy Policy, unless otherwise stated, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, the use of third-party service providers. We, and third-party service providers on our behalf, store and process your personal information in the United States and elsewhere in the world. If your information is transferred to other countries, including countries which may not have data protection laws that provide the same level of protection that exists in your country, we will protect the information as described in this Privacy Policy.

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls. 

How We Share Personal Information with Merchants

When transacting with merchants of goods and services (“Merchants”), we may provide those parties with information about you necessary to complete the transaction, such as your name, account ID, contact details, shipping and billing address, or other information needed to promote the reliability and security of the transaction. If a transaction is held, fails, or is later invalidated, we may also provide details of the unsuccessful transaction.

We do not share your bank account information or card account information with any Merchants.

We work with third parties, including Merchants, to enable them to accept or send payments from or to you using Willowpay. In doing so, a third party may share information about you with us, such as your email address or mobile phone number. We use this information to confirm that you are a Willowpay customer and that Willowpay as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that we validate your status as a Willowpay customer with a third party, we will do so.

Please note that Merchants and other third parties from whom you buy or with whom you contract will have their own privacy policies, and although Willowpay’s user agreement does not allow the other transacting party to use any personal information we give them for anything other than providing Willowpay’s Services, Willowpay is not responsible for their actions, including their information protection practices.

Regardless, we will not disclose your credit card number or bank account number to anyone you have paid or who has paid you using Willowpay, or with the third parties that offer or use Willowpay Services, except with your express permission or if we are required to do so to comply with applicable credit card association rules, a subpoena, or other legal process.

How we share personal information with other third parties

We may share personal information with:

• Members of the Willowpay corporate family, to help detect and prevent potentially illegal acts and violations of our and their policies, and to guide decisions about their products, services, and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services.
• Financial institutions that we partner with to jointly create and offer a product. These financial institutions may only use this information to market Willowpay-related products, unless you have given consent for other uses.
• Credit bureaus and collection agencies to report account information, as permitted or required by law.
• Banking partners as required by credit card association rules for inclusion on their list of terminated merchants.
• Persons or companies who may invest or have invested in us, or with which we plan to merge, or which we are considering acquiring or being acquired by. (Should such a combination transaction occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
• Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Willowpay or one of its affiliates; when we need to do so to comply with law or credit card association rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
• Other unaffiliated third parties, for the following purposes:

• Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk.
• Customer Service: for customer service purposes, including to help service your accounts or resolve disputes (e.g., billing or transactional).
• Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
• Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

• Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.

If you open a Willowpay account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a Willowpay website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with personal information. Willowpay is not responsible for the content or information practices of such third parties.

How you can access or change your personal information

You can review and edit your personal information at any time by logging in to your account and reviewing your account settings and profile. You can also close your account through the Willowpay website. If you close your Willowpay account, we will mark your account in our database as “Closed,” but may retain personal information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain personal information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our User Agreement, or take other actions as required or permitted by law.

Opt Out Notice

As a Willowpay customer you have the right to opt out of Willowpay’s sharing of your ‘nonpublic personal information’ with nonaffiliated third parties. You may limit the sharing of your information, to the extent it may be so limited, by accessing your account and profile and reviewing/updating your settings.

Children’s Online Privacy Protection Act

We comply with the requirements of the Children’s Online Privacy Protection Act. We do not knowingly or intentionally collect or sell personal information from children under the age of 16. Our website, products and services are directed to individuals who are at least 16 years of age or older.

If you learn that your child has provided us with personal information without your consent, you may contact us as set forth herein. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

Provisions applicable to California Consumers

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) provides natural persons who are California residents (“California Consumers”) users of our Services with the right to receive, in connection with their use of our Services, certain disclosures regarding our collection, use, sharing and processing of certain personal information, as well as the right to know/access, delete and limit sharing of this personal information. To the extent that we collect such personal information subject to the CCPA, that information, our practices, and your rights are set forth below. Under the CCPA, “personal information” is defined as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household,” and we use that meaning in this section. We do not sell personal information of California Consumers, as such terms are used in the CCPA.

Collection of Personal Information

California Consumers have the right to receive notice of the categories of personal information we collect regarding our California Consumers and the purposes for which those categories of personal information will be used. Please refer to the section above titled “Collection of Personal Information” for a description of the categories of personal information we collect regarding California Consumers, and the section above titled “HOW WE USE THE PERSONAL INFORMATION WE COLLECT” for a description of the purposes for which those categories of personal information may be used.

Third Parties with Whom Personal Information is Shared

Willowpay shares California Consumers’ personal information with third parties as described in the above sections titled “How We Share Personal Information with Merchants” and “HOW WE SHARE PERSONAL INFORMATION WITH OTHER THIRD PARTIES”.

In the preceding 12 months, we have disclosed the following categories of personal information about consumers for business purposes:

• Personal Identifiers. We share this information with our Service Providers to allow them to perform services on behalf of Willowpay. We may also share this information with our business partners so that they may provide California Consumers with information about products and services that may be of interest to such persons. 

• Internet or Other Electronic Network Activity Information. We share with or allow third parties to utilize cookies for marketing or advertising customized to users’ interests or needs.

Consistent with the general statements above, including those in the section titled “MARKETING”, in the preceding 12 months, we have not sold personal information of any California Consumers, including any California Consumers who are minors.

Individual Rights

Right to know/access information: California Consumers have the right to request that we disclose to them the categories of personal information we have collected about them, the categories of sources from which the personal information has been collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share the personal information, the specific pieces of personal information we have collected about them. California Consumers may request this information twice in a 12-month period. To protect our customers’ personal information, we are required to verify the requestor’s identity before we can act on any such request.

Right to request deletion of personal information: California Consumers have the right to request that Willowpay and our Service Providers delete any personal information about them that we have collected. To protect our customers’ personal information, we are required to verify the requestor’s identity before we can act on any such request. The right of deletion may be subject to superseding law.

Right to equal service: Willowpay will not discriminate against California Consumers on the basis of the exercise or non-exercise of any rights hereunder, including, but not limited to, by:

• Denying goods or services on such basis;
• Charging differing prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties, on such basis;
• Providing differing levels of quality of goods or services on such basis; or
• Suggesting that California Consumers will receive a different price or rate for goods or services or a different level or quality of goods or services.

Submitting Requests

California Consumers can submit “verifiable consumer requests” (as such term is used in the CCPA) regarding the privacy of their personal information through their account with us, by sending an email to legal@willowpay.com. Willowpay must be able to verify that the person requesting information or deletion is the California Consumer about whom the request relates in order to process the request (or is the parent or legal guardian of such minor California Consumer, or is a person authorized by such a California Consumer to act on such California Consumer’s behalf). Making a verifiable consumer request does not require you to create an account with us; however, if you are our customer, then by signing in to your account to submit such a request, you will be able to automatically verify your identity, which will result in faster processing of your request. Otherwise, we will only use personal information provided in such a request to verify the requestor’s identity. We reserve the right to take additional steps as necessary to verify the identity of California Consumers where we have reason to believe a request is suspect or fraudulent.