Nickname

Your Nickname will be the name on your profile on eMerchantAssociation.

First Name

Your Business Name

Website

About you (optional)

Write a little bit about your business and expertise

Business Type (optional)

eCommerce

Retail (Brick-and-Mortar)

Clear

Phone Number (optional)

By creating an account you are agreeing to the Terms of Service and Privacy Policy.

Terms of Service

eMerchant Association

TERMS AND CONDITIONS OF USE

To become an eMerchant Association user, accept all the terms and conditions of this agreement as well as our Privacy Policy. In the event of any inconsistency between the eMerchant Association Privacy Policy and this User Agreement, the User Agreement shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use or access the eMerchant Association services (the

“platform”). For the purposes of this agreement “You” or “Your” means any merchants, business owners, professionals or vendor using this service.

Overview

eMerchant Association reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Agreement through the following URL: . Your continued use of the eMerchant Association website indicates your acceptance of this User Agreement and any amendments hereto. eMerchant Association is a networking tool providing a forum for merchants, business owners and professionals to connect with vendors providing various ecommerce solutions.

Membership Eligibility

Membership is available to traditional brick and mortar, online merchants, and vendors that provide commerce / ecommerce solutions. The eMerchant Association platform is not available to minors under the age of 18 or to any Users suspended or removed from the system by eMerchant Association for any reason. Additionally, Users are prohibited from selling, trading, or otherwise transferring their eMerchant Association account to another party. If you do not qualify, you may not use eMerchant Association. eMerchant Association may deny use of the platform to any user.

Fees

Merchants. Signing up for an eMerchant Association account is free for all Merchants.

Vendors. Vendors must pay a monthly fee of $99.00 to access and use the eMerchant Association Platform. Vendors who provide referrals for eMerchant Merchant Accounts and eMerchant Gateways, will receive Credits of $50.00 and $25.00, respectively. eMerchant Association reserves the right to modify the pricing of, add to, or discontinue an EMerchant Association service or any portion thereof without prior notice. (disclosure here re emerchant and emerchant association relationship.)

Vendors are responsible for keeping their billing information current including expiration dates, billing address, etc. Failure to do so will result in a discontinuation of the Vendors access to the platform.

Use of Platform

Your use of eMerchant Association is governed by these Terms and Conditions of Use. eMerchant Association may refuse service without prior notice to any user for any or no reason. User is responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you (excluding employs associated with your business) knowingly provide your login and password information to another person, your account privileges may be terminated. You agree to immediately notify eMerchant Association of any unauthorized use of your password or account associated with any breach of this platform. eMerchant Association will not be liable for any loss or damage arising from your failure to comply with this section.

eMerchant Association provides a forum for its members to interact with other members using the platform. The views, opinions, and communications expressed by any vendor, merchant or individual within the eMerchant Association platform are those of the members and do not reflect the views of eMerchant Association or its affiliates.

You agree that any content, communications, or posts in any eMerchant Association forum or group, and any communications sent and received are proper and relate to the subject matter of the eMerchant Association platform. Member agrees to adhere to all the Terms and Conditions of Use when using the eMerchant Association platform.

As a result of this platform merchants, business owners and professionals may conduct business transactions with vendors providing ecommerce solutions. eMerchant Association does not collect a commission related to these agreements or have any contractual agreements between the two parties when a Job or Project is initiated or agreed upon. eMerchant Association is not responsible for any financial agreements, contracts, money, or fees exchanged between the two parties. Further eMerchant Association assumes no legal responsibility for any related contract issues, disputes or lawsuits that arise from either party, between the two parties related to agreements made between them. The eMerchant Association platform only provides the ability to connect the two parties together. Both parties agree to hold eMerchant Association harmless in any legal action or any financial disputes between the two parties.

Termination

You agree that eMerchant Association may, with or without cause, immediately terminate your account and access to eMerchant Association without prior notice. Without limiting the foregoing, the following will lead to a termination by eMerchant Association of user’s account (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or

other government agencies, (c) a request by you, (d) unexpected technical issues or problems, and (e) extended periods of inactivity. You agree that all terminations shall be made in EMerchant Association’s sole discretion and that eMerchant Association shall not be liable to you nor any third-party for any termination of your account or access to the eMerchant Association Service.

User Conduct

You understand and agree not to use eMerchant Association platform to:

Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the eMerchant Association platform for any illegal purpose.
Falsely state, impersonate, or otherwise misrepresent your or your company’s identity or services.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose (proprietary and confidential) information or make available under any law or under contractual or fiduciary.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to sending unsolicited promotional messages, sending messages to distribution lists, newsgroup aliases, or group aliases.
Upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Harass any other Member.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the eMerchant Association Platform.
No illegal Products or Services should be communicated or promoted, advertised or sold on the eMerchant Association platform, that violates any State, Federal. Or Local laws, etc.

Communications between Vendors and Merchants

The purpose of the eMerchant Association platform is to provide Merchants with Platform to research, discover, explore and connect with Vendors who can provide services which will enhance the Merchants businesses to effectively operate in the marketplace. For this reason, Vendors who are member of eMerchant Association may not directly solicit Merchants through the eMerchant Association Platform. Merchants can freely contact all vendors on the eMerchant Association Platform. Following an inquiry from a Merchant, Vendors can respond to questions or inquiries related to a service which the Vendor offers. Following the initial inquiry by a Merchant, then a Vendor is free to directly communicate with the Merchant regarding the services the Vendor provides. Once a Merchant indicates they are no longer

interested in discussing the Vendors particular product, Vendor shall cease communication with the Merchant.

Information Provided on eMerchantAssociation.com

While using the eMerchant Association platform, Users may share information about themselves or their companies which may be visible to certain other Users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the eMerchant Association website or otherwise providing materials to eMerchant Association, you are granting to eMerchantassociation.com a royalty-free, perpetual, revocable license to present this information on the eMerchant association platform. You understand that all information publicly posted or privately transmitted through the eMerchant Association is the sole responsibility of the person from which such content originated and that EMerchant Association will not be liable for any errors or omissions in any content. You understand that EMerchant Association cannot guarantee the identity of any other Users with whom you may interact while using the EMerchant Association platform. Additionally, we cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe. Although eMerchant Association will use its best commercially reasonable efforts to verify said authenticity of any user.

Additionally, EMerchant Association allows Users to create and/or update their own profile. Any information provided by a Vendor for a profile will be available to all Users of the EMerchant Association service. Merchant profiles when created will require all Merchant User information. Although only the name of the individual who uses the Merchant User Profile (not the name of the Merchant Company) will be available to other Users on the site. The purpose of limiting the information available to Vendors, is to prevent unsolicited contact within the platform and outside of the platform. Users who create and/or update their own Profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information.

Access to Service

You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content

included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Communications

While providing access to the platform, eMerchant Association may need to communicate with you via email (see our Privacy Policy to learn more about communications). Users agree to receive emails which are specific to your account and necessary for the normal functioning of eMerchant Association

platform, including emails about various features, upgrades and changes to the platform. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the eMerchant Association platform. You may revoke this express consent at any time by emailing support@MerchantAssociation.com.

Monitoring and Enforcement

While we have the right to monitor activity and content on the eMerchant Association platform, although we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred because of the use of, access to, or denial of access to any content on the website.

Right of Cancellation

You may cancel your eMerchant Association user account at any time. When a Vendor cancels its User account, it will remain active until the end of the current subscription term unless otherwise terminated. Subscription fees will not be prorated or refunded for partial usage.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless EMerchant Association, Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the eMerchant Association platform; ii) unauthorized access to or alteration of your communications through the eMerchant Association platform, or iii) any other matter relating to eMerchant Association. Any business transactions which may arise between Users through their use of the eMerchant Association platform are the sole responsibility of the Users involved.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW EMERCHANT ASSOCIATION, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS USER AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. EMERCHANT

ASSOCIATION AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO EMERCHANT ASSOCIATION FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY, OR (B) US $1000.

No Warranty

EMERCHANT ASSOCIATION AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM, INCLUDING ANY REPRESENTATION THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE PLATFORM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EMERCHANT ASSOCIATION AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Intellectual Property Rights

eMerchant Association reserves all its intellectual property rights in the Platform. Trademarks and logos used in connection with the Platform are the trademarks of their respective owners. EMerchant Association, the EMerchant Association logo, and other EMerchant Association logos and names are trademarks of EMerchant Association, Inc. You agree not to display or use these trademarks in any manner without EMerchant Association’s prior, written permission.

Arbitration, Class-Action Waiver, and Jury Waiver.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the eMerchant Association platform shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Platform in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against eMerchant Association (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the eMerchant Association, shall be governed by the laws of the state of California without regard to principles of

conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Please send any questions or comments, or report violations of the User Agreement to: eMerchant Association, Inc.

Mission Viejo Office:
27762 Vista Del Lago, Suite A-11
Mission Viejo, CA 92692

Privacy Policy

Who we are

Our website address is: https://www.emerchantassociation.com.

PRIVACY NOTICE

Last updated January 13, 2022

Thank you for choosing to be part of our community at eMerchant Association, Inc., doing business as eMerchant Association (“eMerchant Association,” “we,” “us,” or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at privacy@emerchantassociation.com.

This privacy notice describes how we might use your information if you:

Visit our website at http://www.emerchantassociation.com
Engage with us or other eMerchant Association Members using the platform

In this privacy notice if we refer to:

“Website,” we are referring to any website of ours that references or links to this policy
“Services,” we are referring to our Website, and other related services, including any marketing, or events on the platform

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.

1. WHAT INFORMATION WE COLLECT

We collect personal information that you voluntarily provide to us when you register on eMerchant Association, express an interest in obtaining information about us or our Website, when you participate in activities on the Website (such as by posting messages or communicating in our online forums) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with the platform, if you are a merchant or a vendor, and the choices you make in using the platform. The personal information we collect may include the following:

Personal Information Provided by You. We collect names, company names, usernames, phone numbers, email addresses, mailing addresses, job titles, usernames, passwords, contact preferences, contact or authentication data, and other similar information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW WE USE YOUR INFORMATION

We use personal information collected via our website for a variety of purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to allow you to participate on the platform, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to communicate with other merchants or vendors through enabling user-to-user communications on the platform, we use the information you allowed us to collect from you to facilitate this process with each user’s consent.

To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at admin@emerchantassociation.com and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Website.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our services.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

To send you marketing and promotional communications. We and/or our third-party marketing partners or affiliates may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. SHARING YOUR INFORMATION

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose, such as communications between a merchant and a vendor.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests or your participation on eh Website.

Performance of a Contract: If we or an Affiliate enter into an agreement with you, we may process your personal information to fulfill the terms of our agreement.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena.

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Website) or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile. How each merchant and vendors information is shared on the Website is in accordance with the Websites Terms and Conditions of Use. (Link This)

4. COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice. (It seems like this may be something we need. Any insight here?)

5. THIRD-PARTY WEBSITES

The Website may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Website. You should review the policies of such third parties and contact them directly to respond to your questions.

6. HOW LONG WE KEEP YOUR INFORMATION

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law. No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW WE KEEP YOUR INFORMATION SAFE

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. COLLECTING INFORMATION FROM MINORS

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at admin@emerchantassociation.com.

9. YOUR PRIVACY RIGHTS

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you have questions or comments about your privacy rights, you may email us at admin@emerchantassociation.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may Access your account settings and update your preferences.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. Will we have DNT Tech?

11. CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?(PLEASE CHECK THESE )

We have collected the following categories of personal information in the past twelve (12) months:

CATEGORY	EXAMPLES	COLLECTED
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at admin@emerchantassociation.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

eMerchant Association, Inc. has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. eMerchant Association, Inc. will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights:

you may object to the processing of your personal data.
you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at admin@emerchantassociation.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

12. UPDATES TO THIS NOTICE

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13. TO CONTACT US ABOUT THIS NOTICE

If you have questions or comments about this notice, you may email us at admin@emerchantassociation.com or by mail to:

eMerchant Association, Inc.