August 14, 2018
This Privacy Policy describes the information collected by First Choice POS Inc. (“First Choice”, “us”, “we”), how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. By visiting http://firstchoicepos.com and all its sub-domains (the “Site”) and/or using the First Choice Point of Sale software (the “Software”) or related services provided by First Choice POS Inc. (together with the Site and the Software, the “Services”), you are accepting the practices described in this Privacy Policy. This Policy forms an integral part of the First Choice End User License Agreement, which is incorporated by reference. Any capitalized term used but not defined in this Policy will have the meaning defined in the End User License Agreement.
Please read this Privacy Policy carefully when using the Site and/or Services.
The Information First Choice May Collect
1. Information You Provide
First Choice may collect and store any personal information you enter through the Services. This may include information such as your name, date of birth, social security number, phone number, and e-mail address (collectively, “Personal Information”). First Choice may also collect and store information about your company, including its name, employer identification number, Agent names, Agent email addresses, bank or credit card information, mailing address, billing address, website address, phone number, fax number, product pricing, and current inventory (collectively, “Company Information”), as well as any information, images, text, files, materials, content and other data you or your Agents and/or Customers may send, receive, upload, retrieve, and/or otherwise transmit or recover, including but not limited to the name, address, phone, email address, and credit card or debit card information of Customers, vendors, and/or suppliers (collectively, “Subscriber Data”). Personal Information, Company Information, and Subscriber Data (collectively, “Information”) are information located on the systems of First Choice, your own, or a third party which allows First Choice to provide the Site and perform the Services. While First Choice uses industry-standard Secure Socket Layer (SSL) encryption technology, no system can be completely secure. Therefore, First Choice does not promise, and you should not expect, that such Information may not be inadvertently collected and that any Information will remain secure. In order to provide the Site, Software, and/or Services, it may be necessary for the First Choice to access, store and retain Information for purposes such as service enablement, billing, client support, customization, training or other services.
First Choice does not store any user or Customer financial information, even though we may request information about your company, your company’s credit card and/or bank account, and the Customer’s credit card or debit card information. First Choice does not store certain financial data due to its use of third party agents as its financial transaction facilitators. First Choice’s affiliate, First Choice Merchant Inc., provides all payment processing services in the United States as an agent or registered ISO/MSP of FDIC insured banks, and through comparable certifications and banks outside of the United States (collectively, the “Processing Banks”). All financial information is handled, processed, and stored by the Processing Banks and is subject to the Processing Banks’ policies and the First Choice Merchant Application signed by you. Please refer to these agreements and policies for more information about how these parties use your information. Financial information may also be provided to third parties solely for the purpose of performing anti-money laundering and other fraud analysis. To the extent that First Choice uses third party providers for financial transaction services, we believe that such third parties take the privacy of your personal information seriously and will use your information only in accordance with the terms of their privacy policies.
2. Information Collected Automatically
Like many sites on the Internet, the Site automatically collects technical information when you visit the Site or use the Services. This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from First Choice (see “Cookies” below), and the referring website address. This information is used to identify your Internet browser, store your user preferences, authenticate user sessions and provide services. This information may also be logged for internal use by First Choice, including helping diagnose technical problems and to administer the Site and Services in a manner that allows us to constantly improve the quality of the Services provided to you.
Because there is not yet a consensus on how companies should respond to web browser-based or other do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
3. Cookies and Use of Cookie Data
Like many sites on the Internet, when you visit the Site and/or use the Services, First Choice may assign your computer one or more cookies to facilitate access to the Site and/or Services and to personalize your online experience. Through the use of a cookie, First Choice also may automatically collect information about your online activity on the Site and/or Services, such as the web pages you visit, the time and date of your visits, the links you click, and the searches you conduct on the Site and/or Services. First Choice may use this data to better understand how you interact with the Site and/or Services, to monitor aggregate usage by our users and web traffic routing on the Site and/or Services, and to improve the Site and our Services. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able use some of the interactive features offered on the Site and/or Services. In addition, please be aware that other parties may also place their own cookies on or through the Site and/or Services, and may collect or solicit personal information from you. Other cookies may reflect de-identified demographic or other data linked to the registration data you have submitted to First Choice in hashed, non-human readable form. No personally identifiable information is contained in these cookies.
4. Information Collected by Third Parties
First Choice may use third party software that is integrated into the Site and/or Services. These companies may collect information from you and/or use tracking technologies, such as cookies, to collect information about users who view or interact with their software.
You understand and agree that third parties’ use of information they collect from you is governed by their privacy policies, and First Choice’s use of such information is governed by this Privacy Policy.
5. Screen Sharing
As part of Services, we may provide you with user support, including but not limited to by viewing the computer or tablet screen where you are accessing the Site and/or Software. You understand and agree that First Choice may access your computer or tablet screen for purposes of monitoring your use of the Site and/or Software and providing you with user support.
6. Agents
First Choice employs or engages other companies and individuals to perform business functions on behalf of the Site, Software, and/or Services. These persons may be provided with personal identifying or financial information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, providing hosting services, removing repetitive information from user lists, analyzing data, providing marketing assistance, processing credit card and bank payments, providing user training and assistance, and providing user services.
Any supplied billing information (if collected by and through the Site, Software, and/or Services, as opposed to being directly inputted and collected by and through third parties) shall be encrypted for transmittal to a third party intermediary for processing. Such billing information is used only to bill you for those purchases you choose to make as part of the Services. The process is designed to protect your billing information against unauthorized misappropriation by third parties. As the technological landscape is constantly changing, no security system is absolutely secure. First Choice cannot and does not guarantee the security of any of its databases and information contained therein, nor can First Choice guarantee any supplied information will be absolutely secure from interception during transmission to the Site, Software, and/or Services over the Internet.
How First Choice Uses the Information It Collects
First Choice may use information that it collects as described above to:
- deliver the services that you have requested.
- provide you with customer support.
- communicate with you about our products and services.
- enforce or exercise any rights in First Choice’s End User License Agreement.
- to improve our products and services.
- analyze Customer behavior.
- perform anti-money laundering and other fraud protection activities.
- perform functions as otherwise described to you at the time of collection.
First Choice may also release your personal information to a third party in order to protect, establish, or exercise our legal rights or defend against legal claims; comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or as necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
We may also combine Company Information and Subscriber Information that are non-identifying with other non-identifying information to infer interests, purchasing patterns, or demographic characteristics. We may share this aggregated non-identifying information with our business partners.
You can choose which communications you receive from us through your settings within the Site and Services.
Third-Party Websites
There are a number of places on the Site and the Services where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on a hyperlink on the Site or the Services, you may be taken to a website that First Choice does not control. These third party websites may independently solicit and collect information from you, including personal and financial information. First Choice recommends that you consult the privacy statements of all third party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.
Children’s Privacy
First Choice forbids the use of the Site, Software and Services to individuals under the age of 18. First Choice therefore does not knowingly collect personal information from children under the age of 13. If you notify us that we have inadvertently collected personal information from a child under the age of 13, we will promptly delete it.
Notice to California Users
Subject to the limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year. You may also request the identity of certain third parties that received your personal information from us for their direct marketing purposes during the immediately preceding calendar year. You may make a request as described hereinabove once a year.
To make such a request, you can contact us at [email protected] or mailing us at: First Choice POS Inc., 2 Skillman St., Ste 203, Brooklyn, New York 11205. Please mention in your communication that you are making a “California Shine the Light” inquiry. We will respond within thirty (30) days.
Visiting the Site and Services From Outside the United States
This Privacy Policy is intended to cover collection of information on the Site and Services from residents of the United States. If you are visiting the Site or using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where First Choice’s servers are located and First Choice’s central database is operated. By using the Site or Services, you understand that your information may be transferred to First Choice’s facilities and those third parties with whom First Choice shares it as described in this Privacy Policy. You are responsible for ensuring that information you share conforms to all local data protection laws.
Changes to the Privacy Policy
First Choice will occasionally update this Privacy Policy. When First Choice posts changes to this Privacy Policy, it will revise the date at the top of this Privacy Policy. First Choice recommends that you check the Site from time to time to inform yourself of any changes in this Privacy Policy or any of First Choice’s other policies.