Merchant Treasury Services Privacy Policy

This policy was last updated Mar 5, 2024.

 

Merchant Treasury Services’  Commitment to Privacy

 

Merchant Treasury Services (“MTS”, “we”, “us") are committed to maintaining the accuracy, confidentiality, and security of Personal Information. We respect rights under applicable privacy laws and only collect, use, and disclose Personal Information by those laws.

This privacy policy ("Privacy Policy") is designed to inform you about our practices relating to the collection, use, and disclosure of Personal Information throughout providing services to our clients (“client”, a company that has contracted us to use our services) and their customers. If you are a customer of one of our clients, please refer to their privacy policy or contact them directly to discuss their privacy practices.

 

What Information We Collect

If you are an existing or prospective client, we may collect information such as the name of the business or entity, business owners, administrators, contact information including email, phone, and addresses, financial and account information, recordings of telephone conversations, email, and text messages between your customers and our contact center, your credit score if consent has been provided.

If you are a customer of one of our clients, MTS is acting as a service provider and relies on the client to have the necessary consent and authority required by applicable law to provide your personal information to MTS. This information may include your name, address, email, phone numbers, banking or credit card information, and other information such as goods or services purchased and payment history.

If you contact our customer service center, you may be asked for information that can be used to identify you. This information may be contact information, account information, details about what you purchased, or other information that may be available. This will allow us to respond to your request in a timely fashion and we may also retain information about this request for future use.

We collect certain information automatically such as visits to our website, IP addresses, browser and operating system characteristics, pages viewed, and other usage data for compliance reasons as well as to help us understand your usage of the system and improve our products.

 

Usage of Personal Information

We use Personal Information in the following ways:

1. Provide services to clients and their customers

2. To safeguard our products, services, and data and to protect the data of our clients and their customers

3. To respond to queries from our clients and their customers

4. As otherwise permitted by applicable laws and regulations

 

Disclosure of Personal Information

We will not disclose, trade, rent, sell, or otherwise transfer your Personal Information, without your consent, except as otherwise set out below or where otherwise permitted or required by law.

Before MTS discloses Personal Information to a third party, MTS ensures that the information will be safeguarded by appropriate information security practices, and contractual provisions, in addition to other practices and considerations designed to protect Personal Information. Further, MTS only discloses Personal Information to the extent required for third parties to perform their designated functions, and those third parties are not authorized to use or disclose that Personal Information for their purposes such as marketing.

MTS may disclose Personal Information to third-party service providers to provide our clients and their customers with products or services. Some of these third-party providers may include cloud providers for email hosting and relay, call recording, call center management, and other providers required to provide products and services to our clients and their customers. They may also include clients who use third-party software to connect to our services via our API.

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MTS may also disclose Personal Information to merchant account acquirers, payment networks, banks, collection agencies, and other financial entities to provide payment services. MTS may also disclose Personal Information to lawyers, accountants, consultants, and other entities related to MTS.

We may disclose Personal Information in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our operations or as part of a corporate reorganization stock sale or other change in corporate control.

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MTS and our Canadian, US, and other foreign service providers may disclose Personal Information in response to a search warrant, other legally valid inquiry or order, or to another organization to investigate a breach of an agreement, contravention of law, or detecting, suppressing or preventing fraud, or as may otherwise be required or permitted by applicable Canadian, U.S. or other law or legal process. This includes disclosing Personal Information to regulators (e.g., Bank of Canada, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and the Financial Consumer Agency of Canada (FCAC)) and may also include lawful access by US or foreign courts, law enforcement or other government authorities.

MTS may also disclose personal information where necessary for the establishment, exercise, or defense of legal claims, to investigate or prevent actual or suspect loss or harm to persons or property, or as otherwise permitted by law.

 

How MTS Safeguards Personal Information

MTS has implemented administrative, technical, and physical safeguards designed to protect Personal Information in our custody and control against unauthorized access, use, modification, and disclosure. We restrict access to Personal Information on a need-to-know basis to employees and authorized service providers who require access to fulfill their service or job requirements.

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Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.

MTS also has a Personal Information Retention Policy designed to retain Personal Information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.

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Our websites may have links to third-party sites that MTS does not own or operate. MTS does not endorse any particular website that we provide links to. The link is provided as a convenience only, and we have no responsibility or liability for how the websites are operated, the information they collect, disclose, or use, or their terms of service, including your Personal Information.

 

Right to Access, Update, and Rectify Personal Information

You have the right to access, update, and rectify your Personal Information in our custody and control, subject to certain exceptions prescribed by law. You may exercise those rights by contacting MTS’s Chief Privacy Officer at privacy@merchanttreasury.com. In some cases, we may refer your request to the relevant partner or third party. Please note that the right to access, update, or rectify certain information may, by law, be subject to exceptions or restrictions.

We may request certain Personal Information to verify the identity of the individual seeking access to their personal information records. If you are a customer of one of our clients, you should contact the client with whom you transacted to exercise your rights.

 

Withdrawing Consent

You have a right to withdraw consent for the collection, use, and disclosure of your Personal Information at any time, subject to legal and contractual restrictions, and on providing MTS with reasonable notice. If you choose to withdraw your consent, MTS may be unable to offer you some or all of our products and services.

 

Changes to this Privacy Policy

MTS will update this Privacy Policy from time to time to reflect changes in our Personal Information practices. Any changes to our Privacy Policy are effective as of the modification date noted above unless otherwise stated.

 

Contacting Our Privacy Officer

Please contact our Chief Privacy Officer if you have any questions, comments, or complaints related to this Privacy Policy, or how MTS or our service providers treat your personal information. You may contact our Chief Privacy Officer at privacy@merchanttreasury.com, or by mail at PO Box 22097 Bankers Hall RPO, Calgary, AB, T2P 4J1, Canada.