Privacy and Security Policy

Total Merchant Resources Inc. (“TMR” or “Us” or “We”) is serious about protecting the privacy of your personal information. We have put strict policies into place to ensure that the privacy of your personal information is protected while still enabling you to make use of the website (the “Site”) or the services provided by TMR (the “Services”). We use information collected about you through the use of the Services or on the Site solely for the purposes set out in this policy. The terms of this policy may be updated from time to time, so please check our website or this page occasionally for updates. The terms of this policy are also incorporated into the TMR Terms of Use and Registration Terms.

What information do we collect?

We collect information from you when you register for our service. This information includes, but is not limited to, your name, e-mail address, mailing address, phone number, social security number and bank account information. We also collect information regarding our transactions and experiences with you, including your payment history. We may also collect information from third-parties’ websites or applications as specified in this policy below.

What do we do with the information we collect?

Any of the information we collect from you may be used in one of the following manners:

• To compile, save, use and analyze your information in both a personally-identifiable form and an aggregated, non-personally identifiable form;
• To operate, maintain, improve and provide to you our Services, conducting our business and processing transactions;
• To verify your identity;
• To register you as a user and identify you when you sign in to your account;
• To conduct background checks and determine your eligibility for funding;
• If you are approved for funding, to process, service and collect your financing transaction;
• To personalize your experience and improve customer service (your information helps us to better respond to your individual needs, your service requests, to send marketing communications and send account update notifications);
• To develop and improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you);
• We will share your Personal Information with third parties only in the ways that are described in the policy.

Security or how do we protect your information?

We take security very seriously and have developed a comprehensive set of practices, technologies and policies to help ensure your data is secure. We make it a priority to take our users’ security and privacy concerns seriously. We use some of the most advanced technology for Internet security that is commercially available today. We implement a variety of security measures to maintain the safety of your personal information when using the Site, enter, submit, or access your personal information. All of our communications and processing occur through Secure Socket Layers (SSL) technology, using SSL encryption to ensure the security of all information and then save into our secure database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We also use the services of leading companies to process all financial transactions. We have established a dedicated security team and achieved and maintain SOC2 Type 2 compliance from an external certified auditor. While we strive to protect your personal information, TMR cannot ensure or warrant the security of any data or content you transmit to us, and you do so at your own risk. In the event of a suspected breach of the security of your personally identifiable information, we will, to the extent required by law, notify you so you can take appropriate protective steps and to inform you of the steps that TMR is taking with respect to any such suspected breach.

Do we use cookies?

We use tracking technology (cookies), which help us make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your PC and used by your browser. Most of the cookies we use are session cookies, which are deleted automatically at the end of your visit. Cookies will not harm your PC and do not contain any viruses. Nevertheless, if you do not want to use cookies, this will not prevent you from accessing the Site in any way. Your browser can be configured so that cookies can be accepted with your permission or completely blocked.

Do we disclose any information to outside parties?

We will provide your information to our trusted business partners who assist us in operating the Site, conducting our business (including partners referring you to us), or servicing your account, so long as those parties agree to keep this information confidential. We also may disclose your information to third parties to whom we may refer you or your inquiry or application for financing or other services, consistent with our notice to you and/or consent from you. In addition, we may disclose our transactions and experiences with you to credit bureaus. We do not sell personal information, or otherwise provide personal information to third parties without your prior consent to do so, other than service providers receiving information to perform services for us on our behalf. Below are the following categories of third parties with whom we may share your information:

Affiliates;

Our service providers, which may include advertising and marketing companies, social media companies, technology companies, fraud prevention agencies, and credit bureaus;

Entities with which we have a business relationship, which may include our partners and collection agencies;

Any other third party with your prior consent to do so.

In addition, we may also disclose your information:

As required by law, such as to comply with a subpoena, judicial or administrative order and/or any similar legal process;

When we believe in good faith that disclosure is necessary to (i) protect our rights or the rights of third parties (ii) to protect our property and safety or the property and safety of others, or (iii) investigate fraud or respond to a request from a governmental entity;

If TMR is involved in a merger, acquisition, transfer, auction (including in a bankruptcy proceeding) or sale of all or substantially all of its assets or equity, in connection with such a transaction.

Using Third Party Services and Data Retention

You allow us to receive information when you use the Services to log in to a third-party website or application (e.g. Facebook, Twitter or LinkedIn) (the “Third Parties Platform”). Please note that we retain the information we receive from your personal profile on the Third Parties Platform while you are logged-in to the Services and even after you have logged-out from the Services if such retention is reasonably necessary to enforce this policy and our Terms of Use, in our sole discretion.

DMV Information

We may collect information about you from state departments of motor vehicles (“DMVs”) for use in the normal course of business to verify the accuracy of information you may submit to us.  We may redisclose such DMV information only for a permitted use, including for collection purposes.

A. What Information We Collect

We may collect the following categories of personal information about you:

Identifiers, which may include real name and alias; mailing address; unique personal identifier; online identifiers as detailed below; Internet Protocol (“IP”) address; email address; telephone number; account number, name, and password; Social Security number; driver’s license number, passport number, state or other government-issued identification card number; and/or other similar identifiers;

Commercial information, which may include records of personal property; products or services purchased, obtained, or considered; account balances, payment history, or account activity; bank account information and other information relating to your financial institution; credit application, credit checks, and information from credit reporting agencies; and/or other purchasing or consumer histories or tendencies;

Information relating to Internet activity or other electronic network activity, which may include cookie identifiers, clear gifs (a.k.a. web beacons/web bugs), browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, device platform, device version, and/or other device characteristics.

Geolocation data, which may include GPS data; locational information based upon your IP address; cell network data; and/or other similar locational data; and which may be collected from various devices including your mobile device(s);

Audio, electronic, or visual information, which may include records of calls to or from our customer service centers; and/or video surveillance information;

Professional or employment-related information, such as your current and previous employers; job title and responsibilities; assets; income; and/or other information related to your work history and/or prospective employment;

Education information;

Inferences about you;

Information not listed above and related to characteristics protected under California or federal law; which may include gender; race and ethnicity; nationality; marital status; military service / veteran status; and/or date of birth;

Other personal information not listed above and described in California Civil Code § 1798.80(e), which may include signature; physical characteristics or description; insurance policy number; and/or bank account number credit card number, debit card number, and other financial, medical, and/or health insurance information.

B. What We Do With Your Information

We may collect or use personal information from you for the following purposes:

• Internal analytics
• Assessing third party vendors / service providers
• Audit, compliance, policy, procedures, or regulation
• Billing, payment, and fulfillment
• Customer claims and fraud investigation and prevention
• Customer communications
• Customer relationship management
• General business administration
• Marketing our products and services
• Marketing the products and services of others
• Financial reporting and accounting
• Website optimization and maintenance
• Systems and data security
• Maintaining and/or servicing accounts
• Verification purposes
• Evaluating applications for employment

C. Sources of Collected Information

We may collect personal information from the following categories of sources:

Our applicants, prospective customers, existing customers, and their authorized agents, including via our websites, mobile applications, telephone, text message, postal mail, social media, forums, message boards, chatbot, or other means;

Our affiliates, which may include our subsidiaries;

Our service providers, which may include customer relationship management providers, analytics providers, website hosting providers, risk and verification service providers, systems administrators, and communications delivery services;

Nonaffiliated companies with which we have a business relationship, which may include referral, promotional, and joint marketing partners;

Other third parties, which may include technology companies, social media platforms, other websites and mobile applications, online advertising partners, state departments of motor vehicles, and other data suppliers;

Things that other third parties may post publicly about you or otherwise provide to us, which may include review platforms, public forums, and testimonial websites; and

Employees and job applicants.

D. Who We Share Information With

We will provide your information to our trusted business partners who assist us in operating the Site, conducting our business (including partners referring you to us), or servicing your account, so long as those parties agree to keep this information confidential. We also may disclose your information to third parties to whom we may refer you or your inquiry or application for financing or other services, consistent with our notice to you and/or consent from you. In addition, we may disclose our transactions and experiences with you to credit bureaus. We do not sell personal information, or otherwise provide personal information to third parties without your prior consent to do so, other than service providers receiving information to perform services for us on our behalf. Below are the following categories of third parties with whom we may share your information:

Affiliates;

Our service providers, which may include advertising and marketing companies, social media companies, technology companies, fraud prevention agencies, and credit bureaus;

Entities with which we have a business relationship, which may include our partners and collection agencies;

Any other third party with your prior consent to do so.

In addition, we may also disclose your information:

As required by law, such as to comply with a subpoena, judicial or administrative order and/or any similar legal process;

When we believe in good faith that disclosure is necessary to (i) protect our rights or the rights of third parties (ii) to protect our property and safety or the property and safety of others, or (iii) investigate fraud or respond to a request from a governmental entity;

If TMR is involved in a merger, acquisition, transfer, auction (including in a bankruptcy proceeding) or sale of all or substantially all of its assets or equity, in connection with such a transaction.

E. Your Privacy Rights

If you are a California resident, subject to applicable law, you have the following rights under California law with respect to your personal information:

Right to Know.  You have the right to request what personal information we collect, use, disclose, and/or sell, as applicable.

Right to Delete. You have the right to request the deletion of your personal information that is collected or maintained by us.

Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by us. For more details on how to exercise this right, please see the following link: Do Not Sell My Personal Information.

Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

The above rights are subject to various exclusions and exceptions under applicable laws. The above rights are also subject to our being able to reasonably verify your identity and authority to make these requests. Our identity verification procedure consists of matching pieces of personal information provided by the consumer with personal information maintained by us.  In addition, we may require a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. You may also authorize someone to exercise the above rights on your behalf.  To designate an authorized agent, please submit a request through our Support form. Please be advised that we will complete a verification procedure as necessary to verify that the agent has proper authorization to exercise the above rights on the consumer’s behalf. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child.  If you are a California resident and wish to seek to exercise these rights, please reach us in one of the following ways:

By submitting a webform request:  https://www.totalmerchantresources.com/contact-us/

By calling our phone number:  732-671-5710

By emailing us:  info@totalmerchantresources.com

For more information regarding this Privacy Policy, or if you have any questions or concerns, you may contact us in the following ways:

By submitting a webform request:  https://www.totalmerchantresources.com/contact-us/

By calling our phone number:  732-671-5710

By emailing us:  info@totalmerchantresources.com

F. Notice of Right to Opt-Out

We do not currently sell your personal information. You have the right to direct TMR not to sell your personal information and to refrain from doing so in the future.  If you wish to opt-out of such sales, please do so in one of the following ways:

By submitting a webform request:  https://www.totalmerchantresources.com/contact-us/

By calling our phone number:  732-671-5710

By emailing us:  info@totalmerchantresources.com

Please consult the other sections of our Privacy Policy for further information on our practices regarding your personal information.

Governing Law

You agree that this policy is governed by the laws of the State of New Jersey without regard to conflict of laws hereof.

Your Consent

By using the Site, you consent to our website’s policy.

Changes to our Privacy and Security Policy

If we decide to change our policy, we will post those changes on this page, and in such event your continued use of the Site, shall constitute your acceptance of such updated policy. This Privacy and Security Policy is effective as of January 1st, 2020.