PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Updated: September 2024

This Privacy Notice (this “Notice”) of FPT Operating Company, LLC d/b/a Talus Pay 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”). We are required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (“CCPA”) to provide to California residents an explanation of how we collect, use and disclose their personal Information, and of the rights and choices we offer California residents regarding our handling of the personal information.

If you are a California resident, you have the rights listed in the section above titled “Your Choices” and in Section 3 below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

You are entitled to exercise these rights free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the personal information we are unable to use.

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 identifiers.
• 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, commercial information; and, for employment candidates, education, professional and employment-related information; 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.
• Payment information.
• 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.

Subject to your consent where required by applicable law, we collect and share your personal information for the following business and commercial purposes: to verify customer information and authenticate you when you use our Services; to evaluate and process your merchant processing application; to provide you goods and Services; to deliver requested information and support; to maintain and service your account; to provide analytic services; to detect security incidents; to debug and fix errors associated with our Services; to ensure safety, security, and integrity; to counter wrongful or unlawful actions; to perform services for our business, including auditing our products and Services, and maintaining 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 as well as non-personalized advertising; to enroll you in our newsletter subscription program, to conduct surveys, research and collect feedback; to resolve disputes; to collect fees; to provide assistance for problems with our Services or your Talus Web Account; to perform other collection and processing that is not for the purpose of inferring characteristics about an individual and other commercial transactions that occur from time to time; and other collection and processing that is not for the purpose of inferring characteristics about an individual.

We do not make your data publicly available, we do not act as data brokers and we do not trade in your data. We do not knowingly sell or “share” (for purposes of cross-context behavioral advertising) the personal information, including the sensitive personal information, of minors under 16 years of age. 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.). We do not use sensitive personal information beyond these purposes.

[The Sites and Apps use cookies, including some cookies that are created by other companies and placed on your browser when you visit our website. We use those cookies to improve your experience and to gather information about our customers and the performance of our Sites and Apps. However, the companies who provide those cookies to us also have access to the data collected through them, and they may use that data for targeted advertising purposes. Our use of those third-party cookies could therefore be considered a “share” of your personal information under California law or processing for targeted advertising under other privacy laws. If you are a resident of California or another jurisdiction with similar laws, that means you have the right to opt out. If you have not done so already, you can opt out of the placement of all non-necessary cookies by adjusting your Cookie Settings.]

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 following rights:

Right to know about personal information collected, used, disclosed, “shared,” and sold.

You have the right to know whether we process personal information about you, and to access such personal information. If you are a California resident, you may also request that we disclose to you:

• the categories of personal information we have collected about you and the categories of sources from which we collected such personal information;
• the business or commercial purpose for which we collected, shared, or sold the personal information about you;
• the categories of personal information about you that we “shared” or sold and the categories of third parties with whom we “shared” or to whom we sold the personal information about you; and
• the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.

Right to receive a copy of personal information

You have the right to request that we provide the specific pieces of personal information, including a copy of such personal information in a portable format.

Right to opt-out of the sale of personal information

You may request that we do not sell personal information about you to third parties.

Right to opt-out of targeted advertising, including the “sharing” of personal information for cross-context behavioral advertising

You may request that we opt you out of targeted advertising, including that we stop “sharing” personal information about you for purposes of cross-context behavioral advertising. You may opt-out of the “sale” of information by sending an email to ccparequest@taluspay.com.

Right to request deletion

In some circumstances, you have the right to have personal information about you deleted.

Right to equal service and prices (“non-discrimination”)

Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.

Right to request correction

You have the right to request that we correct inaccuracies in your personal information.

Right to limit the use and disclosure of sensitive personal information

In some circumstances, you may request that we limit the use and disclosure of your sensitive personal information.

Right to appeal

Depending on your state of residence, if we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. To appeal, you can contact us at ccparequest@taluspay.com.

California Shine the Light

As a resident of California, you may request information concerning the categories of personal information (if any) we share with third parties or affiliates for their direct marketing purposes. If you would like more information, you can contact us at ccparequest@taluspay.com.

How to exercise your rights

California consumers may make a rights request by submitting an email to ccparequest@taluspay.com or calling customer service at 1-800-787-4105. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. This information may include your email address, name and the Talus Pay 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.

A request may also be made on behalf of your child under 13. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.