Privacy pledge and regulatory disclosure
Last update: July 2024
Protecting the privacy of our merchants is a matter of great importance to Elavon Canada Company (together with all successors and assigns, hereinafter "Elavon", "we", "us", "our"). We want our merchants to understand what Personal Information we collect and how we use it. We provide our merchants with transaction processing services and related products, including but not limited to credit card, charge card, debit card, loyalty card, gift card and stored value card transaction processing services, as well as other value-added products and services that we may offer, or that a merchant may request from us and we agree to provide to merchants, from time to time (collectively, the "Elavon Services"). To provide Elavon Services as effectively and conveniently as possible, we may provide our affiliates (and other organizations that help us serve our merchants) with access to Personal Information provided to us in the course of our relationship with our merchant customers.
"Personal Information" is information about identifiable individuals directly connected with the merchant. The merchant and each such individual are collectively referred to herein as "you" or "your".
Your application for Elavon Services, and/or your continued use of the Elavon Services constitutes your consent to Elavon’s collection, use and disclosure of your Personal Information, as set out in this Privacy Statement. Please be advised that if you withdraw your consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Statement, we may not be able to provide you with the Elavon Services.
1. WHY WE COLLECT YOUR INFORMATION
We gather your Personal Information so we can: (i) evaluate the merchant's application for the Elavon Services; (ii) underwrite the merchant's account; (iii) process the merchant's transactions; (iv) manage all billing processes; (v) enable fraud protection and risk management processes; (vi) provide merchant account servicing; (vii) offer you other products and services (subject to your right authorize commercial electronic messages or to unsubscribe from receiving marketing or commercial communications); and (viii) conduct account authentication using voice recognition technologies for security purposes and (ix) support Elavon ’s legal compliance obligations.
2. CONFIDENTIALITY AND SECURITY
We are committed to maintaining the accuracy, confidentiality, and security of personal information with which it is entrusted. Within Elavon and our affiliates, we restrict access to your Personal Information to those employees who need to know that information to provide products and services to you. Elavon’s Data Protection and Privacy Program provides oversight of administrative, technical, and physical safeguards designed to protect the accuracy, security, confidentiality, and integrity of information, including the personal information of customers and confidential information provided by corporate customers. Elavon implements new procedures and technology improvements on an ongoing basis to further safeguard your Personal Information.
Elavon will never ask you for financial or sensitive information or for your account password in an email or phone call. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
3. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT
During the course of our relationship with the merchant, we may collect the following types of Personal Information about you in the following ways:
- Personal Information, such as your date of birth, home address, home and mobile phone numbers, social insurance number, driver's license information and other identifying information that Elavon receives from time to time from the merchant on the application form, on other forms or otherwise.
- Biometric information, such as a voiceprint or other behavioural information, used for account authentication or security purposes
- Personal Information that may be delivered in connection with the merchant's transactions with Elavon;
- Credit and financially-related Personal Information that Elavon receives from consumer reporting agencies, such as credit bureau reports and other information relating to credit-worthiness; and
- Credit and financially-related Personal Information that Elavon receives from other sources, such as the merchant's financial institution.
In addition, when you interact with Elavon websites or applications, we collect information through technology, such as cookies, Flash cookies and Web beacons. Information collected through this technology helps us serve you better each time you visit the site. Cookies are pieces of information that are stored directly on the device you are using. They allow us to collect information such as the type of browser you are using, the amount of time you spend using the services, the sites you visit and the preferences you have set up for your accounts.
You agree that all information that you give us will, at any time, be true and complete. If any Personal Information changes or becomes inaccurate or out of date, you shall advise us so we can update our records.
4. WHAT INFORMATION WE DISCLOSE
Your Personal Information is disclosed to affiliates of Elavon and other third parties to provide you with the Elavon Services. For example, certain Elavon Services are provided to you through Elavon’s affiliates, and it may be necessary to share your Personal Information with these affiliates. Elavon may also disclose your Personal Information to third parties in the normal course of business, including but not limited to: (i) payment networks, and the members of such networks; (ii) electronic funds transfer networks; (iii) clearing and settlement banks; (iv) service companies that perform business operations for Elavon, including but not limited to account statement preparation and mailing services; (v) Elavon's marketing partners who will advise you of new products and services from Elavon to assist in the growth and development of your business; (vi) courts, independent auditors, law enforcement agencies and other governmental authorities, bodies or agencies in response to subpoenas, to prevent fraud, during the course of an audit or examination or as required by law; and (vii) collection agencies, credit reporting agencies, business credit bureaus or other parties associated in collecting any debt owed by the merchant to us.
Elavon requires all such third parties to maintain the confidentiality of information provided to them by us. Service companies and marketing partners are also prohibited from using Personal Information for any reason other than to provide the specific products or services intended. You can revoke your authorization or opt-out of receipt of commercial emails from marketing partners by contacting Elavon at 1-800-725-1243 or custsvc@elavon.com.
Commercial Electronic Communications: You can also limit the commercial electronic communications that we send to you. After authorizing commercial electronic messages, to revoke this authorization or to opt out of receipt of commercial electronic messages, simply click simply click the link labelled “unsubscribe” at the bottom of any email we send you. Please note that even if you opt-out of commercial emails, we may still need to provide you with important information about your account, in accordance with the Canadian Anti-Spam Law. If you have any questions about your choices or if you need any assistance with unsubscribing please contact us via email at custsvc@elavon.com.
Some of our other offices and branches, our affiliates and our shared service providers or other third parties are located outside of Canada. As a result, your Personal Information may be accessible to regulatory authorities in accordance with the law of these jurisdictions. We maintain physical, electronic, and procedural safeguards that comply with applicable law in applicable jurisdictions to guard Personal Information. Subject to applicable law in any applicable jurisdiction, we require third parties to whom we disclose Personal Information to protect the information in a manner that is consistent with this Privacy Statement.
Elavon reserves the right to transfer Personal Information in connection with the sale of all or part of its business or assets, in compliance with applicable laws.
5. Manage Your Privacy Rights and Modifications
You have a number of legal rights in relation to the personal data that is held about you. These rights include the following:
- Right to Access Your Information
- Right to Delete Your Information
- Right to Correct Your Information
- Right to Withdraw Your Consent
- Right to Data Portability
To exercise any of your rights, please use one of the methods listed below. You will be required to verify your identity and to provide other details to help us to respond to your request. If we cannot verify the information provided, we will either deny the request or ask for additional identifying information. Elavon will respond within 30 days of the request unless additional time is required.
6. Availability of Agreement
This Agreement is also available at our website at costcopaymentprocessing.ca
This Privacy Statement does not apply to your relationship with your customers, your financial service providers or with your other vendors. We may amend this Privacy Statement at any time and will post the amended Privacy Statement on this page. If the changes are material or significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes or a notice with your monthly statement).
7. PRIVACY OFFICER CONTACT INFORMATION
Matt Toohey serves as the Canada Privacy Officer and Quebec Privacy Officer and can be contacted at:
Elavon Canada Company
Attn: Canada Privacy Officer
Quebec Privacy Officer
Matt Toohey
200 6th St.
Minneapolis, Minnesota 55402
United States
