Terms & Policies

Overview

Finix, which includes Finix Payments, Inc. and all affiliated companies (“Finix”, “we”, “us”, “our”), provides tools and services to businesses to integrate payments flows for faster, reliable, and centralized management of payments infrastructure. Please read the Privacy Policy before using products and services through Finix’s platform, website, or any other means (collectively the “Services”). Finix is the owner of this website, www.finix.com (the “Website”), and the hosting, content, and other functionality of this Website and the Services are supported by Finix and other third parties that provide software and other services to Finix.

This Privacy Policy describes what information Finix collects through the Services, how this data is used and shared, your rights, and how you can contact us about our privacy practices. Please note that in most instances Finix acts as a “data processor” or “service provider” to third-party companies such as Partner Platforms and merchants. As a result, you may have to contact the “controller” of your data, or refer to their own privacy policies, for any inquiry regarding your personal information.

Please review this Privacy Policy before using our Services or creating any user account in connection therewith. If you do not agree with this Privacy Policy, please do not use our Services or create any user account. This Privacy Policy governs the use of our Services and applies to any personal information you may submit to us. By submitting any personal information to us, you agree to be bound by the terms of this Privacy Policy.

Personal Information that Finix Collects About You

Personal information means any information about a directly or indirectly identifiable individual. When you interact with us through the Services or apply for a job with Finix, we may collect, use, store and transfer personal information about you, as further described below.

• Personal and online identifiers (such as first and last name, email address, or
  unique online identifiers);

• Contact information (such as telephone numbers);

• Recordkeeping information (such as bank account number, credit card number, debit card number, or any other financial information);

• Commercial or transactions information (such as records of products or services purchased, obtained, or considered);

• Biometric information (such as a scan of facial geometry for verifying or authenticating your identity or detecting and preventing fraud);

• Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, dashboard or advertisement);

• Sensory information (such as call recordings or other audio, electronic, visual, or other similar technology);

• Professional or employment-related information (such as your resume);

• Inferences drawn from the above information about your predicted characteristics and preferences; and

• Other information about you that is linked to the personal information above.

Sources of Information

We collect information from the following categories of sources. For purposes of this section, “You” means Website visitors and owners, officers, and employees of companies, such as merchants, software platforms, marketplaces, and payment facilitators that interact with our Services.

• You:

  • Browsing our Website: When you visit our Website, our servers collect information about your internet browsing activity on our Website.

  • Opening a Sandbox Account: We will request personal information from you when you sign up for a Sandbox account, such as your full name and e-mail address. When you use your Sandbox account, we collect transaction, merchant, and other information.

  • Opening an Account or Using our Services: When evaluating the Services and submitting an application to become a Finix customer, you will be required to provide us with information about your business and its owners and officers. When you use the Services, we collect transaction, merchant, and other information.

    • In addition, we may use session replay and similar technology to collect and record data about your use of, and interaction with, the Services, including recording certain interactions such as your mouse movements, keystrokes, and other activity.  We use these technologies to better understand your interactions with the Services, in order to review and improve the customer experience, improve our marketing outreach, and for troubleshooting purposes.

  • Your Inquiries: When you complete and submit a form or otherwise provide us or third parties with personal information about you on our Website, or contact us by e-mail and telephone, Finix stores the inquiries and their contents.

• Customers of our Partner Platforms: If you access the Services through a software platform, marketplace, payment facilitator, or other business that has an integration with Finix (“Partner Platform”), we receive information about you from the Partner Platform, such as information about your business, its owners and officers, and transactions.

• Customers of our Merchants: If you are making a payment to a merchant that uses our Services to process your payment, we may, directly or through the merchant or Partner Platform providing services to the merchant, collect, process, and store financial and transaction related personal information about you and your transaction.

• Service Providers: We may receive information about you from our service providers, such as companies that manage risk and fraud or market the Services, card networks, payment processors, referral partners, identity verification companies, and from third parties that you have permitted to release information to us. We also may receive information about you from publicly available sources, such as from social media platforms like LinkedIn.

  • We use Plaid Inc. (“Plaid”) to gather your data from financial institutions, which may include personal, account, and transaction information. By using the Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You also agree that Plaid may transfer, store, and process your personal and financial information in accordance with its Privacy Policy, which can be found at https://plaid.com/legal/#end-user-privacy-policy.

How Finix Uses Information About You

Finix may use this information for any lawful purpose, including the following reasons:

• To process transactions.

• To verify your identity and/or evaluate your eligibility for the Services.

• To provide you support, respond to your inquiries, and offer customer service.

• To send you notices and updates.

• To prevent or investigate fraud, illegal or prohibited activities, and security issues or breaches.

• To enforce our terms and any other agreements between you and us.

• To improve and maintain our Services and develop new products and services.

• To share new products, offers, promotions, or other information in which you may be interested.

• To personalize the Services.

• To monitor and analyze usage and activities in or related to our Services.

• To comply with any applicable laws, legal processes, and our contractual obligations.

• For any other reason provided to you in connection with our Services.

How Finix Shares Information About You

Finix may use and disclose your personal information that is collected through our Website and Services to run our everyday business and in accordance with applicable law and this Privacy Policy. We may share personal information with:

• Financial service providers. Finix shares your personal information with financial service providers, such as the institutions identified in your processing agreements, banks, card networks, and other service providers that help us with processing payments.

• Service providers. Finix may share your personal information with companies that provide tools, support, audits, or otherwise help to enhance or maintain the Services (such as email companies, fraud prevention companies, identity verification services, consumer reporting services, information storage companies, and information security companies).

• Partner Platforms and merchants. If you access the Services through a Partner Platform or make a payment to a merchant using our Services, Finix shares information about you with the Partner Platform and merchant, as applicable, including your personal information.

• Referral partners. Where a business is referred to Finix by a referral partner, Finix may share business information, including, for example, name, transaction volume, and business status, with the referral partner as necessary to administer the referral arrangement, including to calculate fees, determine the business’s continued eligibility for the referral program and any preferred pricing, and servicing and managing the business’s account.

• Acquiring Organization(s). Finix may share your personal information with an acquiring organization in the event of a proposed or actual purchase (including liquidation, realization, seizure, or repossession), concession, merger, business combination, or any other type of acquisition, liquidation, transfer, translational contract, or financing of Finix in whole or in part or of any property, share, assets, stock, or business of Finix.

• Law enforcement and similar third parties. Finix shares your personal information with law enforcement or third parties such as auditors or investigators if Finix:

  • is required by any applicable law (e.g. pursuant to a warrant or court order);

  • believes it is appropriate to investigate fraud or any other violation of safety or property against us or others; or

  • needs to investigate any violations of our agreements or policies.

• Other Third Parties. Finix shares your personal information with any other third party needed to provide our Services or at your direction and with your consent; provided that Finix will not share any phone numbers, text messaging originator opt-in data, or information associated with consent to receive text messages.

Finix may also share or exchange deidentified, anonymized, or aggregated information to the extent permissible under applicable laws and regulations.

We require all parties with whom we share data to respect the security of your personal information and to treat it in accordance with the law.

Finix does not share telephone numbers, or information associated with your mobile device with third parties or affiliates for marketing purposes. Finix does not share any text messaging opt-in data, including data associated with your consent, with third parties or affiliates.

Cross-jurisdictional Transfers

By providing your data to us, you acknowledge and agree that your personal information may be transferred to other jurisdictions for processing and storage, including in servers located across Canada and in the United States, where laws regarding the protection of personal information may be less stringent than the laws in your jurisdiction. Further, your personal information may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions. Where necessary to make such transfers, we will comply with our legal and regulatory obligations in relation to the personal information. If you have any questions regarding our policies and practices relating to our storage and processing of personal information in other jurisdictions, please contact our Data Protection Officer (“DPO”) whose contact information is set out at the end of this Policy.

Biometric Information Privacy Notice

In the United States, we use a service provider, Persona Identities, Inc. (“Persona”), to assist with our verification processes. Persona may collect, use, and store biometric information consisting of scans of facial geometry based on the government identification documents and photos of your face that you upload. This information is used to help verify your identity and detect and prevent fraud. The information will be permanently destroyed after the purpose for collection is satisfied or within three years of your last interaction with Persona, whichever occurs first, unless required by law to keep the data for longer. For more information about Persona’s data practices, please review Persona’s privacy policy, available here.

Digital Advertising & Analytics

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Services or Website and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

Finix adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests.

We may also work with third parties that collect data about your use of the Services or Website and other sites or apps over time for non-advertising purposes. Finix uses Google Analytics and other third-party services to improve the performance of the Website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Website, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.

Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Website may not function as intended.

Third-Party Links and Tools

The Services and Website may provide links to third-party websites or apps. We do not control the privacy practices of those websites or apps, and they are not covered by this Privacy Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.

The Website also includes integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Website, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public.

Your interactions with Partner Platforms, merchants, or third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to carefully read the privacy policies of any accounts you create and use.

Your Choices

To opt out of our email marketing, you can use the link provided at the bottom of each marketing message. If you opt out of our email marketing, we will still send you messages related to our transactions and relationship with you.

For choices with respect to third-party interest-based advertising activities, please see the “Digital Advertising & Analytics” section above.

Security

Finix maintains technical, physical, and administrative security measures designed to provide reasonable protection for information.

Retention

We will store the personal information we collect for as long as reasonably necessary for purposes for which it was collected, subject to legal limitation periods, statutory or regulatory retention requirements, and legitimate business requirements, or as permitted by law. After such time, we will delete, deidentify, anonymize, or aggregate this information pursuant to applicable laws and regulations.

Your Rights (Canadian Residents)

This section only applies to Canadian residents. The rights in this section do not extend to individuals who are not Canadian residents. Please note that, in most instances, Finix acts as a “data processor” or “service provider” to third-party companies such as Partner Platforms and merchants. As a result, these third-party companies are responsible for honoring their customers’ privacy rights and making appropriate disclosures. If you are such a customer, please refer to the privacy policies or notices of the relevant Partner Platform for information regarding their privacy practices.

In relation to the personal information for which we act as “data controller”, and subject to certain exceptions and applicable laws, you may have the following rights in relation to the personal information that we hold about you:

• Right of access

• Right to rectification where the information we hold is inaccurate or incomplete

• Right to erasure in some circumstances, as outlined by applicable laws

• Right to withdraw consent, if we rely on your implicit or explicit consent as our legal basis for processing your personal information. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Please contact our DPO if you wish to exercise any of your rights under the applicable laws. We will respond to you within 20 days of receipt, or such other period of time that complies with applicable laws, of any request for access to, rectification of, or erasure of your personal information.

Changes

We reserve the right to modify this Privacy Policy at any time, without advance notice. Any changes are effective when we post the revised Privacy Policy on our Website. The most up-to-date version of this Privacy Policy will be available at www.finix.com/terms-and-policies/privacy-policy. Please check our Website periodically to stay informed about changes to our Privacy Policy.

Contact Finix

If you have any questions or concerns regarding the privacy and/or processing status of your personal information at Finix, please contact our us at:

Finix Payments, Inc.
631 Howard Street, Suite 100
San Francisco, CA 94105
privacy@finixpayments.com

Canadian Residents: To exercise your rights, contact our DPO at dpo@finix.com.