Terms and Conditions

NDMS is committed to safeguarding the privacy and security of the information we collect. This statement explains the policies we follow with respect to the handling of customer information collected by NDMS. Commitment to Privacy and Security NDMS is committed to safeguarding the privacy and security of the information we collect. This privacy statement explains the policies we follow with respect to the handling of customer information collected by NDMS.

Privacy Statement

Information We Collect
NDMS' customers, the customers of its affiliates, and the customers of other third-parties for which NDMS may provide outsourced or subcontracted processing services, (merchants) are businesses and other legal entities desiring to accept credit or debit cards or other payment methods, as payment for goods or services. NDMS does not have direct relationships with, or collect information directly from, individual consumers other than in their capacity as owners or operators of a commercial enterprise. NDMS does not provide services for consumer, personal, family or household purposes. The information we receive and collect is strictly related to our business customers and the payment transactions that we assist them in executing, as well as from prospective or potential business customers or website visitors who may be interested in learning more about our services (customer data). The transaction information we receive from our merchants may include personal financial information about their customers or applicants (e.g., name, address, credit or debit card account numbers and expiration dates, etc.) who may be individual consumers and other cardholders (cardholder data). NDMS understands that such information is sensitive and takes appropriate steps to protect the confidentiality and security of all information collected by NDMS in accordance with this privacy statement.


Use and Disclosure of Information
Use and disclosure of customer data collected by NDMS varies based on the information source and type, as set forth below:

Browsing the Website
When you browse NDMS' website, we may collect information regarding the domain and host from which you access the Internet, the Internet Protocol address of the computer or Internet Service Provider you are using, and anonymous site statistical data. In addition, we may collect information that you voluntarily provide us via online forms and questionnaires, includig information you may provide about your business in order to apply to become a merchant, or thereafter if you use any of our online merchant services. NDMS' website is intended for commercial use only, and we collect, retain and use information about visitors to our websites only for specific business purposes, including: (i) to respond to requests for information about our products and services (see "Your Inquiries" below), (ii) to administer the website or improve site performance, (iii) to provide customer support (e.g., to allow a prospective merchant to complete an online account application, to allow a merchant to view and manage records, accounts and funds, or to help enhance our products and services); (iii) for security purposes and to combat fraud (e.g., to protect against unauthorized access to NDMS systems, or merchant accounts and information), (iv) to generate broad statistical and demographic information, and (v) to comply with certain laws, regulations, and card association rules and regulations. In addition, when you link to NDMS' website from the website of any third-party advertiser, we may receive information about you from such third-party, including your contact information and information stored in "cookies" on such third-party's website. Please check the privacy policy of these websites concerning what information may be collected by the third-party and shared with NDMS. Such information is used by us only for the purposes set forth above with respect to information collected directly from you at our own website.

Your Inquiries
When you complete and submit a form on our website, send us an e-mail, send us a fax, or contact us by telephone to solicit information about our services or the company in general, NDMS may store the inquiries and their contents. Information you submit via an inquiry is collected only with your knowledge and active participation, and may be used by NDMS to respond to your inquiries, to contact you, to inform you of services of NDMS or its partners that may be of use to you, and for similar business purposes. Information collected during the course of an inquiry will not be sold or otherwise disclosed to any third party; provided that such information may be shared internally with our affiliated entities for the business purposes set forth above.

Opening an Account or Using NDMS Services
When you submit an application to obtain a merchant account and become a merchant, you will be required to provide us with certain information about your business, and its owners and officers, which may also act as guarantors of the Merchant's obligations. NDMS may also obtain and store information about the merchant, and its officers, owners and guarantors, from consumer reporting agencies, credit bureaus, relevant financial institutions, and other entities. NDMS may use, retain and disclose this information to (i) comply with any applicable federal legislation requiring NDMS to obtain, verify, and record information that identifies each entity with which it establishes a merchant relationship, (ii) evaluate your eligibility for a merchant account, which may involve disclosure to consumer reporting agencies, commercial credit bureaus, and relevant financial institutions. NDMS may also use your information to contact you about other NDMS offerings and services. If you are, or become a merchant, NDMS may disclose your information during the course of providing such services to card associations, banks and other financial institutions that are involved in the course of processing or screening the transaction, and to third parties that have contracted with NDMS to perform certain functions of our services on our behalf. In addition, NDMS may use, or disclose your information to third parties for the additional purposes of facilitating and completing merchant-initiated or authorized transactions, complying with federal, state and local laws, including credit reporting laws and card association rules, assisting in preventing fraud, or informing you about general company news, product updates and developments, card association rules, and industry trends, offering you products and services that may be of interest to you, or as otherwise may be permitted or required by applicable law.

Conduct research to improve NDMS content and services.
Require you to re-enter your NDMS password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents or otherwise accessing your account contents without authorization. Third-Party Web Sites
NDMS may create links to third-party Web sites. In addition, NDMS may authorize third-parties to create links to NDMS websites. NDMS is not responsible for the content or privacy practices employed by third-party Web sites. Neither does NDMS control or warrant the utility, merchantability or workmanship of the products or services offered at third-party Web sites.

Web Optimization
NDMS also may use cookies to track advertising leads and campaigns from banner advertisements, third party advertisement services and third party web optimization services. NDMS may hire third party companies to track and report performance of advertising and marketing campaigns to and from NDMS and third party web sites. These companies may also set cookies and use related technology, such as tracking pixels. These tracking pixels (also known as action tags, web beacons, or transparent GIF files) and other similar tracking technologies may be used to collect and store information about user visits, such as the user's anonymous cookie ID, page visits and duration, and the specific ad or link(s) that the user clicked on to visit the site. No personally identifiable information is stored on these cookies or web pixels. This user activity information is reported to us in aggregate and is anonymous. We use this information in aggregate to understand, for example, the effectiveness of our advertising and marketing.

Children
NDMS does not solicit or knowingly accept information from persons under the age of eighteen (18). Our web sites are not designed with the intent to attract or encourage viewing by children.

Safe Harbor Participation for EU Cardholder Data NDMS recognizes that the European Union ("EU") has an "omnibus" data protection regime established pursuant to the European Commission Data Protection Directive (95/46/EC) (the "Directive"). The Directive generally restricts the transfer of personally identifiable information about individuals in the EU to the United States, unless there is "adequate protection" for such information when it is received in the United States. In addition to processing transactions for its own merchants based in the United States, NDMS provides processing services in the U.S. for its European affiliates. To address the restrictions in the Directive, NDMS in the United States ("CPL") adheres to the EU Safe Harbor Privacy Principles published by the US Department of Commerce ("Safe Harbor") with respect to Cardholder Data about merchants' customers in the European Union that we receive in the United States ("EU Cardholder Data"). We act as a data processor on behalf of merchants with respect to EU Cardholder Data, and accordingly follow each Merchant's instructions with regard to the collection, processing and protection of EU Cardholder Data. Our Merchants act as the data controller for any EU Cardholder Data. If any consumers in the EU have any questions about our handling of their EU Cardholder Data, such consumers should first contact the merchant as this may be the most efficient means of addressing such issues. Consumers in the EU may also reach out to the CPL Safe Harbor Privacy Contact in the Legal Department at NDMS. Questions that are not otherwise resolved with the Merchant and/or CPL may also be directed to local EU data protection authorities.

Modifications to Privacy Statement
We continue to review our policies and procedures to assure that they are effective in meeting our commitments to our merchants. NDMS reserves the right to change this Privacy Statement without notice at any time and from time to time, including as needed to comply with the rules and regulations of the various debit and credit card organizations, or to comply with applicable local, state and federal laws and regulations.

Inquiries
If you have a question or comment regarding this Privacy Statement, please contact:

National Discount Merchant Services
310-997-0100
12335 Santa Monica Blvd., Los Angeles, CA 90025.

Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By using an NDMS site, you are deemed to have agreed to all terms, conditions, use, and notices contained or referenced herein (the "Terms of Use"). NDMS reserves its right, at its discretion, to update or revise these Terms of Use. You should check these terms and conditions periodically for changes. By using an NDMS site after any changes to these terms and conditions are posted, you agree to accept those changes, whether or not you have reviewed them.

Scope of Use
These terms and conditions apply to your use of all of the sites and services owned or operated by NDMS, and affiliated companies. Unless we say otherwise, all references to the NDMS sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the NDMS sites only links.

Restrictions on Use of Materials
The content of this site and any other NDMS site is protected by copyright and trademark laws, and is the property of NDMS. Materials located within NDMS sites may be accessed only for your business' use. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create works from such materials or content or in any way exploit the material or content of an NDMS site. This means you may download copies of posted materials for business use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright or other proprietary notices. When you download copyrighted material, you do not obtain any ownership rights in that material. As noted above, reproduction, copying, or redistribution of any material within a NDMS site is strictly prohibited without the express written permission of NDMS. You also may not, without NDMS' permission, "mirror" any materials contained within any NDMS site or any other service. Any unauthorized user of any material contained within any NDMS site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Products
The information, materials, products and services within NDMS websites are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to determination by and approval of NDMS and/or affiliated companies.

Links
These terms and conditions apply only to the NDMS sites, and not to the sites of any other companies or organizations, including those to which any of the NDMS sites may link. We are not responsible for the availability of any other site to which any of the NDMS sites link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or web master. Permission must be granted by NDMS for any type of link to any NDMS site. To seek permission, submit your request in writing to: partners@ndmscorp.com . We reserve the right, however, to rescind any permission granted by us and to require termination of any such link to any of the NDMS sites, at our discretion at any time.

Warranty
The services, products, information, materials, and functionality on any NDMS site are provided "AS IS" and without warranties of any kind, either express or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus or other harmful components, is given in conjunction with the information, materials, products and services. Neither NDMS nor any of its affiliated companies warrant the accuracy, adequacy, completeness or timeliness of information, materials, products and services, or functionality on an NDMS site or the error free use of an NDMS site.

Neither NDMS nor any of its affiliated companies nor any of its or their respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information, materials and functionality within a NDMS site in terms of correctness, accuracy, reliability or otherwise. NDMS is not a party to, and does not monitor, any transaction between users and third party providers of products or services.

Limitations on Liability
We will, under no circumstances, be liable for any damages, losses, or liabilities including without limitation, direct or indirect, incidental or consequential damages, losses, or liabilities, in connection with your use of an NDMS site or your reliance on or use or inability to use the information, materials, products, services, or functionality on this site, or in connection with any failure of performance, error, omission, interruption, defect, delays in operation or transmission, computer virus or line or system failure, even if NDMS is advised of the possibility of such damages, losses, or expenses.

Security
NDMS is committed to protecting the security of our users. We always use industry-standard security technologies when transferring and receiving customer data exchanged within our websites. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our website and you transmit such information at your own risk. NDMS further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors or partners.

Hyperlinks
NDMS is not responsible for the content of third party sites hyperlinked from this page, nor does it guarantee the products or services offered on third party sites. Your use of the hyperlinks is at your own risk. You should review the privacy statement of a web site before you provide personal or confidential information.

Applicable Law
Your use of this web site is governed by the State of California and applicable federal laws.

Your Acceptance of These Terms
By using any of the NDMS sites, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the site's Terms of Use, and if you do not agree to the terms, do not use this site. Your continued use of any NDMS sites following the posting of changes to these terms will mean that you accept those changes.