PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Updated: July 2020

This Privacy Notice (this “Notice”) of FPT Operating Company, LLC d/b/a Talus Payments and our subsidiaries and affiliates (together with its subsidiaries, affiliates, and/or related companies) (“our”, “we” or “us”) applies to Consumers residing in the State of California (hereinafter this “Notice”), who are entitled to certain rights and protections with respect to their Personal Information under the California Consumer Privacy Act of 2018, Cal. Civ. Code §1798.100 et. seq. (the “CCPA”).

The terms “personal information”, “business purpose”, “commercial purpose”, “sale” and “service provider” as used in this Notice have the meanings ascribed to them in the CCPA. Capitalized terms used but not defined in this Notice will have the meanings set out in our Privacy Policy (the “Privacy Policy”). If there is any conflict or inconsistency between the terms of this Notice and the Privacy Policy, the terms of this Notice will govern. All capitalized but undefined terms used herein shall have the meaning provided in the Privacy Policy.

1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT FROM CALIFORNIA CONSUMERS

In the preceding 12 months, we have collected the following categories and types of personal information from California consumers, and intend to continue doing so subject to the requirements under the CCPA:

• Identifiers, such as name, email addresses, and postal addresses, phone number, photograph, birthdate, passport, driving license, full electoral register information or other government-issued identification number.
• User characteristics, which includes the categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80), including financial information and credit reporting agency information, other historical, contact and demographic information, and, for employment candidates, education and employment history, and characteristics of protected classifications under California law, such as gender and age.
• Other historical, contact and demographic information; and any other information required to complete the merchant processing application form, if applicable.
• Information uploaded to or sent through our Services, including Information about the products and services you sell, and other Information you provide about you or your business from time to time.
• Technical Identifiers, such as internet and other similar network activity, such as browsing history and cookie history.
• Use information, such as access time, browser type, language and IP address.
• Device information.
• Information about you from third parties, including third-party verification services (e.g. credit reference agencies, identity verification agencies, the electoral register, electricity industry data and corporate verification services), credit bureaus/consumer reporting agencies, mailing list providers and publicly available sources.

For more information about the types of personal information we collect, please see the “Information You Provide; Collection of Information” and “Information We Collect from Your Use of our Services” sections in the Privacy Policy.

2. BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING, SHARING AND SELLING INFORMATION.

We collect and share your personal information for the following business and commercial purposes: to authenticate you when you use our Services, including to evaluate and process your merchant processing application, to provide customer support deliver requested information and support, to audit our products and services, to detect security incidents, to debug and fix errors associated with our Services, research, activities to maintain the quality of our Services and products, to encourage and enable commercial activities such as through our various promotions, to provide personalized marketing offers and programs, to enroll you in our newsletter subscription program, to conduct surveys and collect feedback, to resolve disputes, collect fees and provide assistance for problems with our Services or your Talus Web Account, and other commercial transactions that occur from time to time.

We do not make your data publicly available, we do not act as data brokers and we do not trade in your data. However, certain standard generally accepted business practices may be deemed as “Sale” of data under the CCPA, such as when we utilize third-party service providers that provide us with services, while they retain certain rights to use your data for their own business needs (e.g. Google Analytics, Facebook, fraud detection services, etc.).

If you are a California customer, you have a right under the new definition of “sale”, to request to opt-out of certain data transfers and sharing of personal activities which we operate. Please refer to Section 3 – “Your California Consumer Rights” below, for information on how you can exercise your rights. For more details on how and to whom we share your data please refer to “Use of Information,” “Sharing Your Information” and “Cookies” sections in our Privacy Policy.

3. YOUR CALIFORNIA CONSUMER RIGHTS.

California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period.

You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share and sell your personal information, the categories of personal information we have disclosed and “sold” about you in the preceding 12 months, and the categories of third parties to whom we sold personal information in the preceding 12 months.

If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt-out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights (unless permitted by applicable law, such as if the differences are reasonably related to your information).

California consumers may make a rights request by submitting an email to ccparequest@taluspay.com or calling customer service at 1-800-787-4105. Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and Talus Web Account id (which is required only if you already have a Talus Web Account with us). If you have a Talus Web Account with us, you can find your Talus Web Account id on your main account page after you log in.

Additionally, users may opt-out of the “sale” of information as described above, by sending an email to ccparequest@taluspay.com.