Privacy policy

The information on this page was last revised on January 16th, 2013

Our privacy policy

This privacy policy ("Policy") explains how we collect information about you ("Information") in connection with our operation of the PayNearMe Website (www.paynearme.com, the "Website") and the PayNearMe Network™ (the "Network"), how we use and disclose the Information and how we try to protect the Information. Your access to the Website and use of the Network indicates your consent to the practices described in this Policy, even after you no longer access or use either the Website or Network.

If you have questions or concerns regarding this statement, you should first contact PayNearMe, Inc. by emailing us at privacy@paynearme.com or mailing us at: 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089. We reserve the right to revise this Policy at any time. If we make changes, we will notify you as required by law. We will also post the current version of the Policy. We encourage you to review our Policy periodically, noting the last revision date. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Although we may provide this Policy to you through other means, your access to the Website or use of the Network reflects your agreement to receive the Policy through our Website or through links in web-based games, social websites or other internet applications that accept payments through our Network.

In this Policy, we refer to "vendors" and "third parties." A "vendor" is any third party that operates, publishes or sells web-based games, social websites or other internet applications or that accepts payments through our Network. A third party is any company other than a vendor. THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY VENDOR OR THIRD PARTIES. The Website is not directed to individuals under the age of thirteen. Please do not use the Website or Service, if you are less than thirteen years old.

We may collect Information from you through applications or other forms; through your transactions with us and our vendors; from other third parties, including consumer reporting agencies; and through your use of our Website or Network, including through cookies.

Some Information may be personally identifiable. Personally identifiable Information is information that identifies a person as an individual. Other (non-personally identifiable) Information is aggregated information, demographic information, IP addresses and any other information that does not reveal a person's specific identity.

You do not have to provide personally identifiable Information to use the Website. However, in order for you to take advantage of many opportunities provided through the Website and Network, we may require that you furnish personally identifiable Information, e.g., your name, postal address, telephone number, e-mail address, photograph, credit card number or other payment/account numbers or identifiers. When you access the Website or use the Network, PayNearMe and its third party service providers may collect other Information (for example, a catalog of the Website pages you visit), typically through: (i) server log files, (ii) environmental variables, (iii) cookies, (iv) web beacons, and (v) information that you voluntarily provide. More specifically:

Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your internet service provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website. We and our third party service providers use IP addresses for administering the Website. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

Environmental variables, such as your MAC address, computer type, screen resolution, OS version, internet browser and version are collected by most websites, and can be used to optimize your experience on the Website.

Cookies are very small files that we send to your computer to uniquely identify your browser. Cookies allow us to collect data and other Information about your use of our Network and your transactions with us. They also allow us to personalize the Network and to allow you to use the Network more efficiently. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the websites you visit, including the vendor websites, by editing browser options. If you decide not to accept cookies, you may not be able to use some of the Website features and facilities, and you may have a less satisfactory experience using the Network.

Web beacons (aka internet or pixel tags, single-pixel, clear, invisible and 1X1 GIFs, and web bugs) are tiny graphic files placed on a web page which send a signal when a user has visited that page, allowing the website to collect standard access information, such as time and date of a page view, and a description of the page on which the web beacon resides. Our web beacons do not contain any personal information, and we do not link web beacons to Information about you.

Miscellaneous Information (e.g., your interests, your geographic location, etc.) is collected when you voluntarily provide such information to us. Additionally, we may aggregate personally identifiable Information in a manner that does not personally identify you or any other Information provider. Such aggregated information is then considered other Information.

Because this other Information does not personally identify you, we may use such Information for any lawful purpose. In addition, we reserve the right to share such other Information with anyone to the extent not unlawful.

On the other hand, we use personally identifiable Information only in the following ways:

  • to fulfill the purpose for which such Information was provided (e.g., to enable use of the Network, to complete a PayNearMe Slip™ or to reply to an inquiry).
  • to send to you at our discretion important information regarding the Website or Network, such as changes to our terms of use and this policy or other administrative information. Because this communication may be important to your use of the Website, you may not opt-out of receiving such communications.
  • to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the "Opt-Out" provisions below.
  • to operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Website. We typically ask you for certain personally identifiable Information when you enter and if you win a Promotion. You should carefully review the rules of each Promotion in which you participate through the Website, because, to the extent that the terms and conditions of such rules conflict with this Policy, the terms and conditions of such rules apply.
  • for our internal business purposes, such as data analysis, audit and legal compliance.

We disclose personally identifiable Information to third parties as set forth below:

We regularly work with third parties who provide administrative services, including but not limited to data analysis, anti-fraud and payment fulfillment. We reserve the right to share personally identifiable Information about you with such third parties for the purpose of enabling these third parties to provide their services.

We share non-personally identifiable Information (location only) about you with vendors to allow them to analyze usage patterns. This information is shared with the vendors through the use of aliases. We only share your PII for legal matters and anti-fraud purposes.

We reserve the right to share personally identifiable Information you provide in connection with Promotions with third party sponsors of such Promotions in accordance with the rules applicable to each Promotion. You should carefully review these additional rules, as they may contain important information about a sponsor's or other third parties' use of personally identifiable Information. To the extent that the terms and conditions of such rules concerning the treatment of Information conflict with this Policy, the terms and conditions of such rules control.

We reserve the right to transfer any and all personally identifiable Information that we collect to any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Despite any other provision of this policy, we always reserve the right to disclose personally identifiable Information to others that we in good faith consider appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our terms of service; (e) to protect our operations or those of any vendor or third party service provider; (f) to protect the rights, privacy, safety or property of PayNearMe, its service providers, you and other users; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.

Please be aware that when you provide personally identifiable Information such as your contact information, payment card information and transaction requests to a vendor, in some cases , you will be providing that Information to us (primarily for convenience, that is, to avoid having to re enter such Information, or to comply with law). Reciprocally, there may be some cases where you provide personally identifiable Information to us and we will provide it to the vendor, again, primarily for your convenience or to comply with law. . This policy does not apply to how such vendor may collect, use, disclose or protect such Information, and we are not responsible for the privacy practices of vendors. Please see the privacy policy of the applicable vendor to learn about its practices.

If you leave a comment on a blog or provide a testimonial on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. For testimonials, we must secure your consent prior to posting your name along with the testimonial. We are not responsible for the personally identifiable information you choose to submit in these forums. If you want to remove your personal information that is being displayed on our website under public pages, please contact us at privacy@paynearme.com.

We restrict access to Information about you to our staff who need to know that Information. We maintain physical, electronic and procedural safeguards that comply with state and federal standards to guard your Information. When you enter sensitive information (such as credit card number and/or financial information) on our order forms, we encrypt that information using secure socket layer technology (SSL). While we have taken commercially reasonable efforts to guard your Information, we cannot guarantee that your information may not be accessed or disclosed accidentally or wrongfully. You acknowledge and agree that any Information you provide or store through the Website or Network is at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us as described below.

If you use our Website or Network, or otherwise provide us with data, from outside the United States, you acknowledge and agree that your personally identifiable Information may be transmitted outside your resident jurisdiction. In particular, please note that your Information may be stored and processed in the United States. The laws pertaining to the collection, use, disclosure and protection of Information in the United States may be more or less stringent than the laws of other countries. By using this Website and the Network, you consent to your Information being stored and processed in the United States and handled as described in this Policy.

The Website contains links to third party websites. These linked websites are not under our control and we are not responsible for the privacy practices or the contents or links within any such linked website. We provide links for your convenience and not as an endorsement. For example, when you use "Share This" to post to social networking sites and/or to tell your friends about our site, you will be taken to a third party site. If you provide any personally identifiable Information through any other website, your transaction will occur on such website under its policies and terms.

We may use third-party advertising companies to serve ads when you visit our Website. Please note that these companies may use other Information about your visit to this Website in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Website, these companies may place or recognize a unique cookie on your browser. We have no access to or control over these cookies. This Policy covers the use of cookies by PayNearMe only and does not cover the use of cookies by any advertisers.

If you do not wish to receive marketing-related e-mails from us, or if you would prefer that we do not share personally identifiable Information about you with third parties for their marketing purposes, you may avoid receiving such marketing-related communications by opting out of marketing communications election on your "My Profile" page at my.PayNearMe.com or by emailing us at privacy@paynearme.com (referred to as "Opt-Out"). Using Opt-Out will eliminate marketing-related e-mails from PayNearMe and third parties based on personally identifiable Information provided by you to PayNearMe after the Opt-Out.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by using the Opt-Out feature discussed above. We will comply with your request as soon as reasonably practicable. Please note that if you do Opt-Out, we will not be able to remove personally identifiable Information from the databases of third parties with which we have already shared such Information. If you wish to cease receiving marketing-related e-mails from third parties, please contact third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related e-mails.

If you would like to review, correct, update or eliminate personally identifiable Information that you have previously provided to us through the Website or Network, you may do so by logging into your PayNearMe account and clicking on "My Profile" or by contacting our staff at privacy@paynearme.com with your specific request.

We may need to retain certain Information for recordkeeping purposes, and some Information will remain within our databases for practical reasons despite reasonable efforts to purge it. We also reserve the right, from time to time, to re-contact former users of the Website or Network under limited circumstances, such as where legally required or to pay off a residual balance due and not for marketing purposes. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared personally identifiable Information per this policy. Please contact those third parties directly to request your Information be removed from their databases.

If you have any questions or comments about this policy or your PayNearMe Information, please contact us at PayNearMe, Inc., 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089 or email us at privacy@paynearme.com