PayNearMe MT, Inc. (“PayNearMe”) CCPA Privacy Notice

Last Revised Date: September 2023

This “Notice” supplements the information contained in PayNearMe MT, Inc.’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

If you are a California employee or an applicant for employment with PayNearMe MT, Inc.’s affiliate PayNearMe, Inc., you can view the “CCPA Notice at Collection for California Employees and Applicants” detailing the categories of PI (as defined below) collected from applicable consumers within the last twelve (12) months.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“PI”). PI does not include (1) Publicly available information from government records; (2) Deidentified or aggregated consumer information; or (3) Information excluded from the CCPA’s scope, including PI covered by certain sector-specific privacy laws, including the Gramm-Leach-Bliley Act.

In particular, we have collected the following categories of PI from applicable consumers within the last twelve (12) months:

We obtain the categories of PI listed above from the following categories of sources:

• Directly from you. For example:
  • From forms you complete or by corresponding with us by mail, phone, email, or in-person;
  • From products and services you purchase;
  • Interacting with the Content and our social media;
  • Entering a giveaway or promotion; or
  • Providing information in-person at industry events
• Indirectly from you. For example:
  • From observing your actions on our Website.
• From third parties or publicly available sources: For example:
  • Technical data from analytics providers;
  • Advertising networks;
  • Data from data brokers or aggregators including trade show organizers or other associations; or
  • Data from publicly available sources such as internet search engines

We may collect, use and share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. We will maintain and use de-identified information in de-identified form and will not attempt to re-identify the information, except to ensure the information is truly de-identified.

We do not use any sensitive personal information for any purpose outside of the business purpose for which it was shared with us.

Use of Personal Information

We may use or disclose the PI we collect for one or more of the following purposes:

• To provide, support, personalize, and develop the Content, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message.
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your PI or as otherwise set forth in the CCPA.

We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Personal Information

We may disclose your PI to a third party for a business purpose. When we disclose PI for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that PI confidential and not use it for any purpose except performing the contract.

Disclosure of Personal Information for a Business Purpose

In the preceding twelve (12) months, PayNearMe has disclosed the categories of PI described in the table above for a business purpose to the following categories of third parties:

• Entities owned by, or who own, in whole or in part, PayNearMe.
• Our service providers and your billers.
• Professional advisers including lawyers, bankers, auditors, and insurers.
• Regulators and other authorities we are required to report to.

Sales of Personal Information

In the preceding twelve (12) months, PayNearMe has not sold PI.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their PI. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your PI over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will disclose to you:

• The categories of PI we collected about you.
• The categories of sources for the PI we collected about you.
• Our business or commercial purpose for collecting or selling that PI.
• The categories of third parties with whom we share that PI.
• The specific pieces of PI we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your PI that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your PI from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the PI, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal or regulatory obligation.
• Make other internal and lawful uses of that information compatible with the context in which you provided it.

Correction Request Rights

You have the right to request that we correct inaccurate Personal Information collected from you, subject to certain exceptions allowed under applicable law. We will accept, review, and consider any documentation that you provide in connection with your right to correct, provided you make a good-faith effort to provide us with all relevant information available at the time of the request.

Exercising Your Rights

To exercise your rights described above, please submit a verifiable consumer request to us by either:

• Filling out our CCPA Request Form; OR
• Calling us at (888) 317-0038.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your PI. You may also make a verifiable consumer request on behalf of your minor child. 

You may only make a verifiable consumer request for access or data portability two (2) times within a 12-month period. The verifiable consumer request must:

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it; and
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PI or an authorized representative, which may include:
  • Full Name;
  • State of Residence;
  • Email; and
  • Transaction information (i.e. Biller Name, Biller Account Number, Transaction Date, and Payment Amount).

We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you.

We will only use PI provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will confirm receipt of a consumer request no later than 10 business days after receiving the request.  We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days, and a total of 90 days from date of receipt), we will inform you of the reason and extension period in writing.

We will deliver our written response electronically by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will email to you the PI we collect about you.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your PI’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide any financial incentives.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of PI to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@paynearme.com or call us at (888) 995-8895.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website and PayNearMe features following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which PayNearMe collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to fill out our web form or contact us at:

Phone: (888) 317-0038
Website: www,paynearme.com
Postal Address:
PayNearMe MT, Inc.
Attn: Legal-CCPA
5201 Great America Parkway, Suite 320
Santa Clara, CA 95054