1. Collection of Personally Identifiable Information:

We collect personally identifiable information from you when you set up a paid account or a free demo account with Performance West and when you register or download an App. You do not need to set up an account in order to view the Site, but you must be registered to use any version of the Performance West payment processing application via the Site or via an App.

Except as otherwise set forth in this Privacy Policy, Performance West does not sell, share, or in any other way transmit personally identifiable information (names, address, phone numbers, etc.) submitted by non-registered users to any other persons or companies.

We may use contact information from registered or non-registered users to send promotional products and information about Performance West, the Site or an App and/or on behalf of our partner companies.

We may provide personally identifiable information of registered users to third party service providers and referral partners that work on behalf of or with us to provide some of the aspects of our services and to help us communicate with you. However, these service providers and referral partners do not have any independent right to disclose this information (except to the same extent we would have a right to disclose that information under this Privacy Policy).

Although we currently do not have a parent company, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), we may in the future. You hereby agree that we may share some or all of your personally identifiable information with these Affiliates. We will require our Affiliates to comply with this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the personally identifiable information collected by us.

2. Non-Customer Sales, Service or Information Inquiries:

When you submit an online “contact us” or other online inquiry form, create a free demo account, download an App, or when you call, write, fax or otherwise initiate contact with Performance West, we record your contact information (name, address, phone number, and email address) in our CRM (Customer Relationship Management) system. This information is used for answering your questions as well as ongoing marketing communication programs. In some cases, you may be referred to a Performance West online inquiry form via a link on a third party referral website. In that case, any information collected on the Performance West hosted online inquiry form may be shared with the referring party only, and that referring party may use it for their own, non-Performance West related, marketing communication programs. Performance West protects all information collected via online inquiry forms and will not disclose it to any third parties except as otherwise set forth in this Privacy Policy.

YOU CONSENT TO RECEIVE AUTODIALED CALLS FROM OR ON BEHALF OF PERFORMANCE WEST AT ANY NUMBER PROVIDED TO PERFORMANCE WEST, WHETHER SUCH NUMBER IS DIRECTED AT A RESIDENCE, A BUSINESS, A WIRELESS TELEPHONE, OR OTHERWISE. YOU UNDERSTAND THAT THIS CONSENT IS NOT A CONDITION OF PURCHASING THE PRODUCTS AND SERVICES OFFERED BY PERFORMANCE WEST.

3. Registered Performance West Free Demo Account Holders:

The Site and/or App may require you to give us contact information (name, business name, phone number, e-mail address, and business industry) in order to obtain a free demo account. We may use this information to configure your account for sending sample invoices to your customers. We may also use this information to communicate with you about your free account usage, and to provide information to you about additional Performance West products and services that we believe may be of interest to you. As part of using your Performance West free demo account, you may enter personally identifiable information for your own business customers. Performance West protects this information and will not disclose it to any third parties except as otherwise set forth in this Privacy Policy.

4. Registered Performance West Paid Account Holders:

Information we collect:

To obtain a Performance West Paid Account you must provide contact information (name, address, phone number, and e-mail address) in addition to other personally identifiable information, including but not limited to, your social security number (we may use the last 4 digits provided to obtain and store the full social security number), driver’s license state and number, Employer Identification Number (Tax ID), and billing information. When you download and use an App we may also collect certain information automatically, such as the type of mobile device you use, your unique device ID, the IP address of your mobile device, your mobile phone number, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. If you provide permission while installing the App we also collect precise information about the location of your device.

We use your personally identifiable information to verify your identity, perform a credit check, and send you messages about your transactions or our company. We use your billing and financial information (bank account numbers) to facilitate payments through the Performance West system and collect fees if applicable. We use geo-location information from your mobile device to provide requested location services.

How we Share Personally Identifiable Information with Third Parties:

Personally identifiable information we collect is shared with service providers under contract who help with parts of our business operations including but not limited to identity verification, credit checks, fraud prevention, bill collection, payment processing, marketing, and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit, except as otherwise set forth in this Privacy Policy, including without limitation as set forth in the Non-Customer Sales, Service, or Information Inquiries section above.

5. Use of Demographic and Profile Data:

In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users and their customers. This includes, but is not limited to, activity from merchants utilizing Performance West Paid Account Solutions, Apps, and the Performance West free account as well as our merchants’ customers who make payments online or via mobile devices. We identify and use your IP address to help diagnose problems with our servers, and to administer the Site. Your IP address, along with cookies, is used to help identify you and gather basic information. The information automatically collected from your mobile device when you use an App is also used in aggregate to analyze usage and direct future development.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age or income level). We may use this data to tailor your experience on the Site and/or App, providing you with content that we think you might be interested in — and to display content according to your preferences. We sometimes use contact data from our surveys to send you information about our company and/or promotional material on behalf of our partners. We never use personally identifiable information about your customers to contact them directly, nor do we share this data with any third parties.

We may create anonymous records from personally identifiable information by excluding information (such as your name) that makes the information personally identifiable to you or one of your customers. We may use this anonymous information to direct future development, including but not limited to analyzing usage patterns so that we may enhance our services, and providing reports based on anonymous non-personally identifiable information. We reserve the right to use and disclose anonymous information to third parties, at our discretion.

6. Data Retention Policy, Managing Your Information

We will retain personally identifiable information for as long as you remain an active Performance West Paid Account Holder, App user, and/or Performance West Free Account User, and for a reasonable time thereafter. We may retain anonymized and aggregate data indefinitely.

7. Other Disclosure of Information:

We may disclose your personally identifiable information to law enforcement, government officials, or other third parties when:

We are compelled to do so by a subpoena, court order or similar legal procedure;

We need to do so to comply with law or credit card rules;

You request or provide specific permission to share such information.

8. Choice/Opt-Out:

You may opt-out of receiving marketing communications from us and our partners by following the opt-out instructions we include in such communications.

You may opt-out of providing geo-location information from your mobile device when you install an App.

You may Opt-out of all information collection from your mobile device by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

You may request that your personal information be removed from all Performance West systems. This request must be made in writing to the address provided below. Note that if you request removal of your personal information you will no longer have access to any existing Performance West account and will not be able to use any Performance West product or service.