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AgoraPay Privacy Policy
In order to
operate the AgoraPay services and to reduce the risk of fraud, K-Factor Technologies, Inc.
(“AgoraPay” or “we”) must ask you to provide us information about yourself
and your credit card and/or bank account. This Privacy Policy describes
the information we collect and how we use that information. AgoraPay takes
the privacy of your personal information very seriously and will use your
information only in accordance with the terms of this Privacy Policy. We
will not sell or rent your personally identifiable information or a list
of our customers to third parties. However, as described in more detail in
Part C below, there are limited circumstances in which some of your
information will be shared with third parties, under strict restrictions,
so it is important for you to review this Privacy Policy. This Privacy
Policy applies to all services that are offered directly by K-Factor Technologies, Inc. and does not
apply to services offered by other entities.
If
you have questions or concerns regarding this Privacy Policy, you should
contact AgoraPay by e-mail from the Contact Us page.
Notification of Changes
This policy may be revised over
time as new features are added to the AgoraPay service or as we incorporate
suggestions from our customers. If we are going to use or disclose your
personally identifiable information in a manner materially different from
that stated at the time we collected the information, you will have a
choice as to whether or not we use or disclose your information in this
new manner. Any material changes will be effective only after we provide
you by e-mail with at least 30 days’ notice of the amended Privacy Policy
(if you have closed your AgoraPay account, you will not be contacted to
notify you of the amended Policy and your personal information will not be
used or disclosed in this new manner).
We will post the amended
Privacy Policy on our Web site so that you can always review
what information we gather, how we might use that information, and whether
we will disclose it to anyone. Please check the AgoraPay Web site at http://www.AgoraPay.com/ at any time for
the most current version of our Privacy Policy.
The AgoraPay Web site includes links to third party Web sites.
These sites are governed by their own privacy statements, and AgoraPay is
not responsible for their operations, including but not limited to their
information practices. Users submitting information to or through these
third party Web sites should review the privacy statement of these sites
before providing them with personally identifiable information.
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| B. Information We Collect |
Required
Information
In the process of using the AgoraPay services as a customer, merchant, or reseller,
you will be asked for personal information, such as your name,
address, phone number, and e-mail address. In order to process transactions
through AgoraPay, you must provide credit card or bank account
information.
If you are an AgoraPay reseller or affiliate, we are required to collect your
Social Security Number (“SSN”) or other Taxpayer Identification Number (“TIN”).
Transaction Information
When you use AgoraPay to complete
a transaction, we ask you to provide information related to each transaction,
including the amount
of the transaction, a description of the item(s) purchased, your name, address,
phone number, email address, and account information.
We retain this information for each of your transactions through AgoraPay.
We also collect the IP
address of the computer or device you use when completing the transaction
in order to help detect possible instances of unauthorized transactions.
Web Site Traffic Information
Because of the way that
World Wide Web communication standards work, when you arrive at or leave
the AgoraPay Web site, we automatically receive the Web address of the site
that you came from or are going to. We also collect information on which
pages of our Web site you visit while you are on the AgoraPay site, the type
of browser you use and the times you access our Web site. We use this
information only to try to understand our customers’ preferences better
and to manage the load on our servers, so as to improve our service and
your experience with AgoraPay. We do not track the Web sites that you visit
before or after you leave the AgoraPay site.
Our Use of
“Cookies”
”Cookies” are small files of data that we send to your
computer to allow us to recognize you as an AgoraPay merchant if you return
to the AgoraPay site using the same computer and browser. We send a “session
cookie” to your computer if and when you log in to your AgoraPay account by
entering your gateway id and password. These cookies allow us to
recognize you if you visit multiple pages in our site during the same
session, so that you don’t need to re-enter your password multiple times.
We also use longer-lasting cookies to service our referral program.
Customer Service Correspondence
If you send us
correspondence, including e-mails and faxes, we retain such information in
the records of your account. We will also retain customer service
correspondence and other correspondence from AgoraPay to you. We retain
these records in order to measure and improve our customer service, and to
investigate potential fraud and violations of our Terms of Use. We may,
over time, delete these records if permitted by law.
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| C. Our Use and Disclosure of
Information |
Internal
Uses
We use the information we collect about you in order 1) to
provide our services and process your transactions, 2) to provide customer
service, and 3) to
improve our products and services.
We give access to individually identifiable
information about our users only to those employees who require it to
fulfill customer service requests.
Disclosure to Third Parties Other
Than AgoraPay Merchants
AgoraPay will not sell or rent any of your
personally identifiable information to third parties. AgoraPay will not
share any of your personally identifiable information with third parties
except in the limited circumstances described below, or with your express
permission. These third
parties are limited by law or by contract from using the information for
secondary purposes beyond the purposes for which the information is
shared.
- We share customer information only with the AgoraPay merchant
that facilitated the transaction. This sharing of information is necessary
for the merchant to provide order fulfillment.
- We share information with companies that help us process the
transactions you request and protect our customers’ transactions from
fraud, such as sharing your credit card number with a service that
screens for lost and stolen card numbers.
- We disclose information that we in good faith believe is appropriate
to cooperate in investigations of fraud or other illegal activity, or to
conduct investigations of violations of our Terms of Use.
- We disclose information in response to a subpoena, warrant, court
order, levy, attachment, order of a court-appointed receiver or other
comparable legal process, including subpoenas from private parties in a
civil action.
- We disclose information to your agent or legal representative (such
as the holder of a power of attorney that you grant, or a guardian
appointed for you.)
- As with any other business, it is possible that AgoraPay in the future
could merge with or be acquired by another company. If such an
acquisition occurs, the successor company would have access to the
information maintained by AgoraPay, including customer account
information, but would continue to be bound by this Privacy Policy
unless and until it is amended as described in Section A above.
Our Contacts with AgoraPay Customers
We communicate with
merchants via e-mail to provide requested services, and we
also communicate by phone to resolve customer complaints or investigate
suspicious transactions. We use your e-mail address to confirm your
opening of an AgoraPay account, to send you notice of transactions that you
process through AgoraPay, to send information about important changes to our
products and services,
and to send notices and other disclosures required by law. Generally,
merchants cannot opt out of these communications, but they will be primarily
informational in nature rather than promotional.
We communicate with customers via e-mail to send you notice of transactions
that you process through AgoraPay. AgoraPay will not contact merchants' customers
directly, unless this is specifically requested by the merchant. However, AgoraPay
will communicate directly with merchants' customers if the customer initiates the
contact.
In connection
with independent audits of our financial statements and operations, the
auditors may seek to contact a sample of our merchants to confirm that our
records are accurate. However, these auditors cannot use personally
identifiable information for any secondary purposes.
Internet
Address Information We use IP addresses, browser types and access
times to analyze trends, administer the site, improve site performance and
gather broad demographic information for aggregate use. |
AgoraPay is
committed to handling your customer information with high standards of
information security. Your credit card and bank account information are
stored only in encrypted form.
We restrict access to your personally identifiable information
to employees who need to know the information in order to provide
products or services to you. We maintain physical, electronic and
procedural safeguards to guard your
nonpublic personal information.
As an AgoraPay merchant, the security of your AgoraPay account also
relies on your protection of your AgoraPay password. We strongly urge that
you never share your AgoraPay password with anyone. AgoraPay representatives
will never ask you for your password, so any e-mail or other communication
requesting your password should be treated as unauthorized and suspicious.
If you do share your AgoraPay password with a third party for any reason,
the third party will have access to
your account and your personal information, and you may be responsible for
actions taken using your password. If you believe someone else has
obtained access to your password, please change it immediately by logging
in to your account. |
| E. Accessing and Changing Your
Information |
As an AgoraPay
merchant you can review the personal information you provided us and make any desired
changes to such information, or to the settings for your AgoraPay account,
at any time by contacting AgoraPay directly. Some information, such as your
password, may be changed at any time by logging in to your account.
If
you close your AgoraPay account, we will mark your account in our database
as “Closed,” but will keep your account information in our database. This
is necessary in order to deter fraud, by ensuring that persons who try to
commit fraud will not be able to avoid detection simply by closing their
account and opening a new account. However, if you close your account,
your personally identifiable information will not be used by us for any
further purposes, nor sold or shared with third parties, except as
necessary to prevent fraud and assist law enforcement, or as required by
law.
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| If you have
any questions about this privacy statement, AgoraPay’s information
practices, or your dealings with AgoraPay, please email us from the Contact Us page, call toll-free (888)
297-1900 Monday through Friday between the hours of 9:30 AM and 5 PM Mountain Time, or
write us at K-Factor Technologies Inc., 1234 N. 3020 W., Provo, UT 84601. |
AgoraPay tm and AgoraPay.com tm is © Copyright 2001 - 2004
by K-Factor Technologies, Inc
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