Last updated June 24th, 2018
GivePay Commerce is a Financial Technology Company, headquartered in Fort Worth, Texas, to be referred to as “GivePay” (or “we”, “us”, “The Company”, and “our”) for the remainder of this agreement. GivePay has contracts which include, but not are not limited to, Distributors, Third-Party Companies, Payment Processing Companies, Gift Card Providers, and Wireless Providers.
The Services include, but are not limited to, GivePay Gift Card Mall, participating GivePay ATM locations, participating GivePay point-of-sale locations, mobile applications, partnered software, and any website owned and/or operated by GivePay.
The Distributor is defined as an individual or group that has operational control over one or more ATM machines, point-of-sale devices, mobile applications, and/or websites for the use of selling Gift Cards, Wireless Top-Up, and/or Donations.
The Purchaser is defined as an individual that uses an ATM, point-of-sale device, Mobile Application, or Website for the purchase of a Gift Card, Wireless Top-Up, and/or Donation. The Purchaser provides express prior written consent from Recipient to receive the gift via text message.
The Recipient is defined as the individual that receives a Gift Card, Wireless Top-Up, and/or Donation from Purchaser. Recipient gives approval for the electronic delivery from prior express consent to the Purchaser and receives the Gift Card, Wireless Top-Up, or Donation.
A Customer is defined as an individual or legal entity that is a Distributor, Purchaser, and/or Recipient.
Gift Card is defined as a stored-value instrument from a participating business, where the Gift Card’s stored value can be exchanged for goods or services. Gift Cards are not open looped. GivePay provides digital Gift Cards, electronically delivered, for informational use only. The risk of loss and title to Gift Cards transfers to the Recipient upon electronic transmission of the Gift Card.
Wireless Top-Up is defined as a value transfer to a participating wireless Carrier with which a Purchaser exchanges the value for an increase in cellular phone usage allowance, as specified by the wireless Carrier’s terms. Wireless payments shall be provided by GivePay as a real-time replenishment. The risk of loss and title to the Wireless Top-Up transfers are not acquired or maintained by GivePay.
Donations are gifts between a Purchaser and an organization, utilizing a Distributor, point-of-sale system, mobile application, or website. The risk of loss and title to a Donation transfers to the Recipient upon electronic transmission.
Content may include images, logos, data, graphics, text, music, updates, software, and applications. Content included on all websites, ATMs, mobile applications, and point-of-sale systems is owned or licensed property of GivePay, its licensors, its suppliers, its processors, and/or ATM owners. Content may be protected by trademark and/or copyright. GivePay expressly reserves all intellectual property rights and protections afforded by international copyright laws.
Carrier is defined as a telecommunications provider that owns or controls some or all of the elements to provide wireless communications or data to Customers.
Manufacturer is defined as the company that designs software for ATMs, kiosks, mobile devices, and/or point-of-sale devices that utilize GivePay Services.
GivePay collects certain personal information from the Customer(s) as part of the transaction, such as name, email, address and banking information. Information may be shared with credit card processors, financial institutions, consultants, and vendors directly associated with the transaction and under contract.
GivePay does not store or retain Customers’ credit or debit card sensitive authentication data or PAN. It is used at the time of the transaction and then erased.
The Purchaser’s name is collected using information stored on the credit or debit card and is stored as a record of the transaction and may be used to improve future Customer experience.
Purchaser inputs their phone number and Recipient’s phone number. This data is kept as part of record of the transaction and may be used to improve future Customer experience.
GivePay collects certain personal information from the Manufacturer in order to transfer funds. Information may be shared with credit card processors, financial institutions, consultants, and vendors directly associated with the transaction and under contract. This information includes, name, email address, phone number, bank account number, bank routing number, and pertinent information regarding ATMs under Manufacturer’s influence as deemed necessary.
GivePay collects certain personal information from the Distributor in order to transfer funds. Information may be shared with credit card processors, financial institutions, consultants, and vendors directly associated with the transaction and under contract. This information includes, name, email address, phone number, bank account number, bank routing number, and pertinent information regarding ATMs under Distributor’s influence as deemed necessary.
Personal information is collected when a Customer uses our system. This is typically done when the Customer inputs information. In some cases, data is collected from credit or debit cards, recorded from cookies on a website, or received during an application process.
At GivePay, we take precautions to protect your information. When you submit sensitive information, your information is protected both online and offline.
GivePay has several security measures in place to protect personal information by adhering to the PCI Security Standards Council recommended procedures. While no electronic data storage system is completely impenetrable, GivePay utilizes substantial resources to protect personal information.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personal information. The computers/servers in which we store personal information are kept in a secure cloud environment. You provide your personal information at your own risk.
If there is an emergency security issue, then GivePay may automatically suspend the offending ATM, point-of-sale system, mobile application, or website. Suspension will be to the minimum extent required and of the minimum duration to prevent or resolve the emergency security issue. If GivePay suspends offending ATM, point-of-sale system, mobile application, or website, for any reason, at Customer’s request GivePay will provide Distributor the reason for the suspension as soon as is reasonably possible.
GivePay may elect to electronically deliver promotions. These messages will include a system to opt-out of any further promotional communications.
GivePay services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to perform necessary actions.
GivePay services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites may not be operated by us. Therefore, we strongly advise you to review the Terms of Service and Privacy Policies of these websites. We have no control over, and assume no responsibility for, the Content, privacy policies, or practices of any third-party sites or services. GivePay is not liable or responsible for any loss incurred by the use of third-party sites.