Updated as of: January 2024
CPACharge is an affiliate and brand of AffiniPay, LLC. All references to AffiniPay include CPACharge and its Sites.
- End Users. End Users are individuals associated with Customers who use the Services, at the direction of a Customer, to make payments to Customer. AffiniPay does not have a direct, legal relationship with these End Users, but we may collect and process Personal Information from End Users to process payments or provide the Services to Customers.
Information We Collect
Representatives of Customers may provide Personal Information to us, generally in the form of business to business contact information. End Users may provide Personal Information to our Customers, who may share this Personal Information with us to provide Services. Or, End Users may provide Personal Information directly to us when accessing or using Services, including when requesting information on our Site, submitting a payment, or registering for a promotion. We may also collect Personal Information about you from third parties, including third-party sites and advertisers, as discussed below.
We may collect and use the following categories of Personal Information, either directly or on behalf of our Customers and their Representatives:
|Categories of Personal Information Collected
|Purpose of Collection
General Identifiers: real name, alias, postal and email address, telephone number, photo, date of birth, unique personal identifiers, online identifiers (i.e. login, password), Internet Protocol (“IP”) address, device identifiers, job title, function, and/or professional memberships account credentials, or other similar identifiers.
We and our Customers may use this Personal Information to establish and maintain your account, to verify your identity, to fulfill the reason you provided the data (e.g., respond to an inquiry or manage a legal case), to send you information and promotional materials related to the Services, and to improve our Services and to develop new Services. We may also use this information to notify you of any changes to relevant agreements, policies, or other terms, and to enforce such terms, and to comply with legal obligations, court orders, or to exercise or defend against any legal claim, or in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
Payment Information: information collected when processing a payment or storing payment data in a vault or wallet, including billing data, credit or debit card data, ACH or bank data, and other details related to payments by Customers and End Users or their respective financial account information. Payment data may be considered sensitive Personal Information.
We and our Customers use this Personal Information to process and complete payments submitted through our Services and to facilitate and expedite any future payments you authorize.
Information for Identity Verification: information that can be used to verify your identity, such as your social security number, tax identification number, images of your driver’s license, government issued ID, passport, national ID card, birthdate, and other authentication information.
We use this information to (a) maintain the safety, security, and integrity of our Services, databases and other technology assets, (b) provide background and screening services, (c) fulfill “know your customer” processes that are required for certain payment services, (d) enable you to make and receive payments, (e) prevent or investigate fraud, or for risk management purposes, and (f) comply with other regulatory requirements.
Customer Records: information you provide when you contact us with an inquiry, participate in our communities, or otherwise interact with us, including your name and contact information, your job function, your comments or inquiry, and account details.
We use this information to respond to your inquiries and for billing and transaction purposes in connection with providing our Services.
Commercial Information: commercial information including products and Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
We use this information to manage your account with us, market and improve our services and to develop new Services.
Information we Collect from Other Entities: we may also collect information from other sources such as our data analytics service providers and advertising providers, or information about you from publicly available sources.
We use this information to help us tailor our communications to you, market our Services, and to improve our Services and to develop new Services.
Audio, Electronic, Visual, or Similar Information: audio, electronic, video, visual, or similar information. For example, if you contact us, we may have dictation software create a transcript and/or retain a copy of that call recording. When you interact with the chat function that we make available on our website, AffiniPay and our service providers may record and have access to the communications for providing you customer service and improving consumer interactions with AffiniPay. Use of the chat function constitutes consent to be recorded.
We use this information for internal training purposes, to improve Customer and End User experience and communication, to market and improve our Services and to develop new Services.
We automatically collect certain information from you, such as the type of web browser and operating system you use, the name of your Internet Service Provider, Internet Protocol (“IP”) address, software version, geolocation information, the domain name from which you accessed our Sites, and information about your browsing behavior.
We use this information to tailor our Services and enhance your online experience and to help us identify and deliver features, advertisements, and offers that may be of particular interest to you. We may also use this Personal Information to market and improve our services and to develop new Services.
Inferences: drawn from the information collected, including preferences, characteristics, behavior, attitudes, and aptitudes.
We use this information to tailor our Sites and enhance your online experience and to help us identify and deliver Sites features, advertisements, and offers that may be of particular interest to you. We also use this information to provide, support, and develop our Human Resources programs and systems. We may also use this Personal Information to improve our services and to develop new Services.
Sensitive Personal Information within meaning of applicable law, which may include certain identifiers like Social Security number, Driver's License number, or other government issued identification.
We only use and disclose Sensitive Personal Information as necessary in connection with the performance of Services, in compliance with federal, state, or local laws.
Information Customers Choose to Share with us as Inputs while using our IQ Features: when Customers opt into our AI-powered IQ services (AffiniPay IQ, MyCase IQ, etc.), the Customer chooses which information it submits to the platform to be processed by its Large Language Model (LLM) provider. Based on our Customer base, such information may include Sensitive Personal Data relating to cases managed by such Customer.
We only use and disclose this information as necessary in connection with the performance of Services, and in compliance with federal, state, or local laws.
In addition, we may use third‐party service providers for various functions, including to deliver communications to you or to administer promotions and surveys on our behalf. Your participation in any promotions or surveys is strictly voluntary, and you may be asked about your opinions, ideas, experience, and purchase history. We use this information to better understand customer needs and improve the customer experience and our Services.
If you choose to access, visit, or use any third-party site or service integrated with our Sites, we may receive your Personal Information that you have made available to those sites. For example, some social networking services allow you to push content from our Sites to your contacts or to pull information about your contacts so you can connect with them on or through our Sites. Your decision to use a third-party site or service in connection with our Services is voluntary.
How We Disclose Information
We may disclose Personal Information to the following categories of third parties:
- Service providers help us administer, provide, advertise, and market the Services. Certain service providers may contact you about products or services you may be interested in, or they may provide personalized and tailored advertising services or make available certain features, as permitted by law, including by using select information collected automatically through our Sites. We also work with such providers to match information we hold with their information to tailor advertising to your interests. Service providers may not use your Personal Information for any other reason than providing or marketing the services as described herein, and services providers must have appropriate safeguards to protect your Personal Information. In addition, certain business partners may also receive basic business contact information or deidentified usage data to offer or provide their services, such as integrated features. In all cases, we do not disclose your personal information to these third parties for monetary compensation, and you may opt out as detailed below.
- As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety, or property, and that of our affiliates, you, and others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; and (v) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
- Pursuant to your express consent.
Your Rights and Choices
Depending on your place of residence, you may have certain rights related to the collection and processing of your Personal Information. The rights vary but may include:
- Right to know whether, and for what purposes and from what source, we collect and process your Personal Information.
- Right to access, modify, or correct your Personal Information.
- Right to know with whom we have shared your Personal Information, for what purpose, and what Personal Information has been shared.
- Where processing of Personal Information is based on consent, the right to withdraw your consent to such processing.
- Right to opt-out of the sale or sharing of your Personal Information.
- Right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you.
- Right to restrict the processing of your Personal Information or object to processing of your Personal Information carried out pursuant to (i) our legitimate interest or (ii) performance of a task in the public interest.
- Right to data portability, which means that you can request that we provide certain Personal Information about you in a machine-readable format.
- Right to erasure or the right to be forgotten, which means that you can request deletion or removal of certain Personal Information we process about you.
- Right to lodge a complaint with a regulator located in the jurisdiction of your residence, place of work, or where an alleged violation of law occurred.
We take reasonable steps to safeguard your Personal Information. Our platforms and payment processor partners comply with the Payment Card Industry Data Security Standard. We also have security features built into the system for our Customers and End Users, including cryptography, encryption of sensitive information, quarterly scans, annual system audits, and specific security controls around payment data.
Unfortunately, transmission of information via the Internet is never wholly secure, and we cannot guarantee or warrant the security of your Personal Information transmitted to or through our Services or otherwise provided to us, and we are not responsible for the theft, destruction, or inadvertent disclosure of such Personal Information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services. Any transmission of Personal Information by you is at your own risk.
Cross-Border Information Transfers
We may transfer Personal Information to various jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. We provide appropriate protections for cross-border transfers as required by law for international data transfers.
We do not provide Services to, or knowingly request or solicit Personal Information from, anyone under the age of 13. If we learn that we have collected Personal Information from anyone under the age of 13 without verifiable parental consent, we will delete that information as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Services.
How to Contact Us
Supplement for California Consumers
AffiniPay is required to provide additional notice to End Users and Customers residing in California under the California Consumer Privacy Act and the California Privacy Rights Act (together, the "California Privacy Law"). We have included this California-specific information below.
Personal Information. Consistent with Section 2 above, within the past 12 months we collected the categories of Personal Information listed from California residents. In addition, we may collect from employees: (i) the personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) that is not already listed above, including insurance policy number, education, employment history, and medical information; and (ii) protected classification characteristics under California or federal law, include but not limited to race, national origin, religion, marital status, medical condition, disability, sexual orientation, veteran or military status, and genetic information.
Sources. AffiniPay obtains the categories of Personal Information listed above from the following categories of sources: (i) Directly from you, e.g. from information you provide through the Sites and Services and through any payments or transactions, or through any correspondence, such as when you request to receive information or support; (ii) Indirectly from you, e.g. from observing your actions on our Sites through the use of automated data collection tools or through our Customers acting on your behalf if you are an End User; or (iii) from our third-party service providers, e.g., through their independent collection efforts, or through your interactions with third-party platforms and partners, including through our integrations with them.
Retention. See Section 6 above for more information about our retention of your Personal Information.
California Consumer Rights. Subject to certain exceptions, as a California resident, you have the right to:
- Request to know and/or access the Personal Information we have collected about you, including specific pieces of the Personal Information we have collected about you.
- Request deletion of your Personal Information.
- Request information about the Personal Information about you that we have shared (as such term is defined under California Privacy Law) to third parties.
- Request the correction of inaccurate Personal Information.
- Request the categories of your Personal Information disclosed for a business purpose.
- Request information about the categories of your Personal Information about you that we have shared or sold within the past 12 months and the categories of third parties to whom your Personal Information was shared or sold.
- Opt-out of the sale or sharing of your Personal Information.
Other California Privacy Rights. California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by contacting us at the details provided below.
Exercising your California consumer rights. Should you wish to request the exercise of your rights as detailed above with regard to your Personal Information, we will not discriminate against you by offering you different pricing or products or by providing you with a different level or quality of products, based solely upon this request. Please note that you are limited by law in the number of requests you may submit per year. In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the Personal Information that we maintain relates to you. To verify your requests, we ask that you provide information required to match the request with the consumer about whom information has been collected or utilize the authentication practices for your password-protected account. We verify requests by matching information you provide to information that we maintain in our records. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. In other instances, we may decline to honor your request where an exception under California Privacy Laws applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer.