Terms and Privacy Statements
Version Date: January 19, 2017
Summary of Changes of our Terms of Service
We have updated our Terms of Service. These new Terms of Service will be effective immediately for first time customers on or after January 19, 2017. Existing customers as of January 19, 2017 will be subject to the updated Terms of Service effective 30 days thereafter (February 19, 2017). These new Terms of Service supersede and replace the Terms of Service dated August 5, 2015, available for review here. You will be deemed to have agreed to these amended Terms of Services through your continued use of our Services.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.itspayd.com website and our platform (the “Service”) operated by Altus Global Marketing, Inc. (“us”, “we”, or “our”). All references to “You” or “you” include: (i) visitors of the www.itspayd.com website, (ii) the merchants who utilize Services to send communication using our Services (“Merchants”), (iii) individuals who effect payments to Merchants using our Service (“Consumers”), and (iv) authorized individuals who use Services on behalf of the Merchants.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to use the Service.
I. Our Services
We provide a software platform that enables Merchants to transmit payment-related communication to the Consumers, the Consumers to effect electronic payments to the Merchants via third-party service providers, and the Merchants to accept payments from the Consumers. We do not receive, hold, or transmit funds. All funds transfer services are provided by third-party service providers. We are not a collection agency or debt collector as defined by the Fair Debt Collection Practices Act or other applicable laws and regulations and do not collect any funds on behalf of the Merchants.
By using our Service, you agree to receive newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all of these communications from us by following the unsubscribe link or instructions provided in any email communication we send.
I. Use of Service
If you wish to use our Service, you may be asked to supply certain information relevant to your use including, without limitation, your credit card number, the expiration date of your credit card, the Card Verification Value (CVV), your billing address, your bank account information, and other information necessary to facilitate your use of the Service.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any use of the Service; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your use of the Service at any time for reason including but not limited to: Service availability, errors in the description or price of the Service, errors in the information provided by you or other reasons.
We reserve the right to refuse or cancel your use of the Service if fraud or an unauthorized or illegal transaction is suspected.
For the purposes of reviewing the risk associated with your use of our Services we may request at any time, and you agree to provide, any information about your identity, business, operations, financial condition. We reserve the right to reassess your eligibility to use our Service based on such information and our confidential risk management policies.
I. Merchant Communication
We do not create the content of communications transmitted to the Consumers. This content is created by Merchants and Merchants are solely responsible for its accuracy and compliance with applicable laws.
To send commercial email messages or certain types of text messages, Merchants must obtain consent from Consumers. Merchants who utilize the Service to send email or text communication to the Consumers represent and warrant that they have obtained appropriate consent from the Consumers. Merchants bear all risks for failing to obtain required consent.
Merchants represent that any transmission of information to the System including transmission of certain financial information of the Consumers complies with their privacy policies and applicable laws and that the Merchants have all appropriate consents to share such information.
Merchants understand that any communication to Consumers they initiate through the Service is intended to facilitate a Merchant’s ability to receive payments from Consumers in connection with sale of products or services, and is not intended to serve as a marketing communication to the Consumers. Accordingly, Merchants are not permitted to use the Service to distribute marketing materials.
Federal laws impose stringent requirements on any commercial text communication sent to cellular phones. Accordingly, Merchants represent that they have obtained a prior express written consent, as defined by applicable laws and regulations, to use the Service to initiate text communication to Consumer’s cellular phones.
Merchants represent that any information provided does not contain information regarding any Consumer under the age of 18.
I. Fees and Payments
Merchants may offer Consumers an opportunity to establish a payment plan. Payment plans are installment payment arrangement agreed upon between Consumers and Merchants at their own discretion and with repayment terms agreed upon among them in order for a Consumer to pay the amount due on an invoice.
If Consumer accepts a payment plan from the Merchant, Consumer is also consenting to have regular, scheduled Automatic Clearing House (ACH) payments deducted from their bank accounts or credit card payments charged to their credit card accounts on the schedule agreed upon in the payment plan. We are not a party to payment plan agreements between Consumers and Merchants and our role is only limited to providing platform to facilitate the agreements. Any changes made to the repayment plan schedule must be made directly between the Merchant and the Consumer.
If the Consumers elected an ACH payment directly from their checking account as the funding source for any payment plan, they are requesting that we, through third-party service providers, initiate on the Consumers’ behalf an electronic transfer from a particular bank account on a particular schedule. For these transactions, third-party service providers will make ACH transfers from the Consumers’ bank account in the amount agreed upon between the Merchant and the Consumer on the agreed upon date. Consumers agree that such requests constitute authorization to us to make the ACH transfer, through third-party providers, and once they have provided their authorization for the transfer, they will not be able to cancel the electronic transfer and we may resubmit any ACH debit that was authorized and returned for insufficient or uncollected funds, except as otherwise provided by applicable rules or law.
Merchants represent that payment plans they make available to Consumers comply with all applicable laws regarding consent, notice, interest rates, disclosures and other legal requirements.
If the Consumer disagrees with the amount due or does not recognize the Merchant, they must contact the Merchant directly.
By agreeing to a repayment plan, Consumers consent to receive email or text updates and notices from us for the purpose of notifying Consumers of an upcoming charge or to receive a receipt for a charge.
Merchants represent that they have a process in place to handle any questions, disputes, bounce-backs or other issues or discrepancies that may arise between the consumer and the merchant. The merchant is solely responsible for responding to all communications from the consumer in a timely manner.
Merchants represent that they provided any necessary disclosures to the Consumer and obtained appropriate consent from the consumer if the Merchant establishes and the Consumer accepts an installment payment plan.
Merchant represents that any installment payment plan that is established complies with any state and federal legal and regulatory restrictions or requirements.
I. Availability, Errors and Inaccuracies
We are constantly updating the product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
I. Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share, transmit and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content complies with all applicable federal, state and local laws and regulations, (iii) all information and data provided by you to us is true and correct, and (iv) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You are solely responsible for ensuring that your Content and the posting of your Content is in conformance with applicable federal, state and local laws and regulations.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
We have the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are our property or used with our permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18 or a duly formed and operating business entity, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
I. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain exclusive property of us or our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
I. Links to Other Web Sites
The Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that neither we nor our officers, directors, employees, agents and attorneys shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You are solely responsible for exporting your Content from our Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless us and our licensee and licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) your violation of applicable laws, rules or regulations in connection with your use of the Service, or d) Content posted on the Service.
I. Limitation of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
I. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
I. Waiver of Jury Trial and Forum Selection
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES
You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Diego, California, USA, in all disputes arising out of or relating to use of the Services or these Terms and Conditions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
I. General Legal Terms
There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
You agree that we can provide you notices, including those regarding changes to the Terms by email, SMS to the mobile phone number provided by you, any other electronic notice, regular mail, or posting on this website.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of our Services upon written notice to the assigning party.
I. Contact Us
If you have any questions about these Terms, please contact us email@example.com.
Last Modified: 2017-01-19
Altus Global Marketing, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
Protecting your privacy is important to us. We want you to understand what information you provide when you use our website https://www.itspayd.com/ and our services as defined in Terms of Service (“Services”) and how we use, maintain, protect, and disclose that information. For more information on our security practices, please see our Security page.
On this website.
In email, text, and other electronic messages between you and us.
From third parties as discussed below.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by Company or any third party; or
any third party, including through any application or content (including advertising) that may link to or be accessible by using the Services.
Children Under the Age of 13
Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information to us. We do not knowingly collect personal information from children under 13. If you are under 13, do not use our Services or provide any information to us or on or through any of its features/register, make any payments using our Services, use any of the interactive or public comment features or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by clicking here.
As set forth in the Terms of Service, we provide a software platform that enables Merchants to transmit payment-related communication to the Consumers, the Consumers to effect electronic payments to the Merchants via third-party service providers, and the Merchants to accept payments from the Consumers. We do not receive, hold, or transmit funds. All funds transfer services are provided by third-party service providers. We are not a collection agency or debt collector as defined by the Fair Debt Collection Practices Act or other applicable laws and regulations and do not collect any funds on behalf of the Merchants (please refer to the Terms of Service for definitions of capitalized terms).
What Information We Collect
We may collect several types of information from and about users of our Services, including information:
by which you may be personally identified, such as name, address, cell phone number, and/or email address, due date of the bill, the use of certain products and services, the transaction amount; credit card number, expiration date and CVV code, and bank account and routing number other billing information, that we use to facilitate fraud detection or information related to transferring accounts from other institutions where you conduct financial transactions.;
that is about you but individually does not identify you;
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, from the Merchants and our business partners.
Information You Provide to Us. The information we collect on or through your use of our Services may include:
Information that you provide by filling in forms when you use our Services. We may also ask you for information when you report a problem with our Services.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out using our Services including your financial information.
Your search queries on the Website.
NOTE: Although our Services allow you to enter your financial information, such as credit card and bank account information, we do not store it. This information is transferred directly to third party service providers through the Application Programming Interface (“API”). API is a technology which allows us to provide you direct access to services provided by our partners. Our partners Privacy Policies can be found at the following links:
Please visit our partners’ websites and review carefully their respective privacy policies and terms of service. We are not responsible for any changes or revisions to our partners’ privacy policies or terms and conditions that they make from time to time. Your acceptance of our Services confirms that you reviewed and agreed with the our partners privacy policies and terms of services.
Information We Collect from the Merchants. When Merchants use our Services, they provide to us the following information about you:
Name, address, cell phone number, and/or email address, the amount and due date of the bills and invoices, the types of products and services you use.
In accepting your information from the Merchants, we rely on their representation that they obtained your information in full compliance with all applicable laws and regulations. We are not responsible for accuracy of information provided by the Merchants.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and does not include personal information but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Services according to your individual interests.
Speed up your searches.
Recognize you when you return to use our Services.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.]
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To provide our Services to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about impending payments, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Services or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
What information we disclose
We may share information about our experiences with you or your account (such as your account balance and your payment history with us) with companies related to us by common control or ownership (“affiliates”). We may disclose nonpublic personal information about you to “non-affiliated third parties” (i.e., third parties that are not members of our corporate family) in certain circumstances. For example, we may disclose nonpublic personal information about you to government entities in response to subpoenas. We may also disclose nonpublic personal information about you to third parties to assist us in servicing your account with us, which may include fraud detection and prevention; resolve disputes and collect amounts owed; and customizing services. We may also use this information to send you updates about products or services that you may find interesting. It is ItsPayd’s policy to require such non-affiliated third parties to agree to maintain confidentiality protections and to limit the use of information we provide for the authorized purposes for which the information was disclosed. If you decide to close your account(s) or become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To contractors, service providers, through the API, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Altus Global Marketing, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Altus Global Marketing, Inc. about our Service users is among the assets transferred.
To third parties to market their products or services to you if you have consented to/not opted out of these disclosures.
To fulfill the purpose for which you provide it. For example, you give us an email address or your cell phone to use for the impending payment notification, we will transmit this information through API to third parties which generate such notifications.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of service and other agreements, including for billing and collection purposes.
For the purposes of fraud detection and prevention and credit risk reduction.
To resolve disputes and collect amounts owed to us by the Merchants.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Altus Global Marketing, Inc., its officers, directors, employees, agents, attorneys, other Customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Accessing and Correcting Your Information
You may send us an email at mailto:firstname.lastname@example.org request access to, correct or delete any personal information that you have provided to and that have been retained by us. You can request to delete information that has been provided to third party providers by referring to the relevant providers as follows:
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We also reserve the right to retain any information for legitimate business purposes such as to maintain account transaction history with the Merchants.
If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Service users.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: 27715 Jefferson Ave, Suite 112, Temecula CA 92591.
We take your security very seriously. We employ a number of strategies to protect the data that we collect and are entrusted with from accidental loss and from unauthorized access, use, alteration, and disclosure as follows:
Technological protections. We maintain physical, electronic, and procedural safeguards to guard nonpublic personal information.
Internal Protections. We restrict employee access to nonpublic personal information only to those employees who provide products or services.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Please do not send confidential information to us via e-mail.