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A. Introduction

In order to operate the NiftyPay services, as an iTransact reseller/partner, and to reduce the risk of fraud, K-Factor Technologies, Inc. (“NiftyPay” or “we”) must ask you to provide us information about yourself and your credit card and/or bank account. This Privacy Policy describes the information we collect and how we use that information. NiftyPay takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail in Part C below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy. This Privacy Policy applies to all services that are offered directly by K-Factor Technologies, Inc. and does not apply to services offered by other entities.

If you have questions or concerns regarding this Privacy Policy, you should contact NiftyPay by e-mail from the Contact Us page. If you have questions about iTransact's privacy policy, you may visit: iTransact's Privacy Policy Page

Notification of Changes

This policy may be revised over time as new features are added to the NiftyPay service or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only after we provide you by e-mail with at least 30 days’ notice of the amended Privacy Policy (if you have closed your NiftyPay account, you will not be contacted to notify you of the amended Policy and your personal information will not be used or disclosed in this new manner).

We will post the amended Privacy Policy on our Web site so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check the NiftyPay Web site at at any time for the most current version of our Privacy Policy.

The NiftyPay Web site includes links to third party Web sites. These sites are governed by their own privacy statements, and NiftyPay is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party Web sites should review the privacy statement of these sites before providing them with personally identifiable information.

B. Information We Collect

Required Information
In the process of using the NiftyPay services as a customer, merchant, or reseller, you will be asked for personal information, such as your name, address, phone number, and e-mail address. In order to process transactions through NiftyPay, you must provide credit card or bank account information.

If you are an NiftyPay reseller or affiliate, we are required to collect your Social Security Number (“SSN”) or other Taxpayer Identification Number (“TIN”).

Transaction Information
When you use NiftyPay to complete a transaction, we ask you to provide information related to each transaction, including the amount of the transaction, a description of the item(s) purchased, your name, address, phone number, email address, and account information. We retain this information for each of your transactions through NiftyPay. We also collect the IP address of the computer or device you use when completing the transaction in order to help detect possible instances of unauthorized transactions.

Web Site Traffic Information

Because of the way that World Wide Web communication standards work, when you arrive at or leave the NiftyPay Web site, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on the NiftyPay site, the type of browser you use and the times you access our Web site. We use this information only to try to understand our customers’ preferences better and to manage the load on our servers, so as to improve our service and your experience with NiftyPay. We do not track the Web sites that you visit before or after you leave the NiftyPay site.

Our Use of “Cookies”

”Cookies” are small files of data that we send to your computer to allow us to recognize you as an NiftyPay merchant if you return to the NiftyPay site using the same computer and browser. We send a “session cookie” to your computer if and when you log in to your NiftyPay account by entering your gateway id and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. We also use longer-lasting cookies to service our referral program.

Customer Service Correspondence

If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from NiftyPay to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Use. We may, over time, delete these records if permitted by law.

C. Our Use and Disclosure of Information
Internal Uses
We use the information we collect about you in order 1) to provide our services and process your transactions, 2) to provide customer service, and 3) to improve our products and services.

We give access to individually identifiable information about our users only to those employees who require it to fulfill customer service requests.

Disclosure to Third Parties Other Than NiftyPay Merchants

NiftyPay will not sell or rent any of your personally identifiable information to third parties. NiftyPay will not share any of your personally identifiable information with third parties except with iTransact, the account service provider, and/or in the limited circumstances described below, or with your express permission. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.

  1. We share customer information only with the NiftyPay/iTransact merchant that facilitated the transaction. This sharing of information is necessary for the merchant to provide order fulfillment.
  2. We share information with companies that help us process the transactions you request and protect our customers´┐Ż transactions from fraud, such as sharing your credit card number with a service that screens for lost and stolen card numbers.
  3. We disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use.
  4. We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.
  5. We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you.)
  6. As with any other business, it is possible that NiftyPay in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by NiftyPay and/or iTransact, including customer account information, but would continue to be bound by this Privacy Policy unless and until it is amended as described in Section A above.

Our Contacts with NiftyPay Customers

We communicate with merchants via e-mail to provide requested services, and we also communicate by phone to resolve customer complaints or investigate suspicious transactions. We use your e-mail address to confirm your opening of an NiftyPay/iTransact account, to send you notice of transactions that you process through iTransact, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, merchants cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

We communicate with customers via e-mail to send you notice of transactions that you process through iTransact. NiftyPay and iTransact will not contact merchants' customers directly, unless this is specifically requested by the merchant. However, NiftyPay and/or iTransact will communicate directly with merchants' customers if the customer initiates the contact.

In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our merchants to confirm that our records are accurate. However, these auditors cannot use personally identifiable information for any secondary purposes.

Internet Address Information
We use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.

D. Information Security

NiftyPay and iTransact is committed to handling your customer information with high standards of information security. Your credit card and bank account information are stored only in encrypted form. We and iTransact restrict access to your personally identifiable information to employees who need to know the information in order to provide products or services to you. We and iTransact maintain physical, electronic and procedural safeguards to guard your nonpublic personal information.

As an NiftyPay / iTransact merchant, the security of your iTransact account also relies on your protection of your iTransact password. We strongly urge that you never share your iTransact password with anyone. NiftyPay nor iTransact representatives will never ask you for your password, so any e-mail or other communication requesting your password should be treated as unauthorized and suspicious. If you do share your iTransact password with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account.

E. Accessing and Changing Your Information

As an NiftyPay / iTransact merchant you can review the personal information you provided us and make any desired changes to such information, or to the settings for your iTransact account, at any time by contacting NiftyPay or iTransact directly. Some information, such as your password, may be changed at any time by logging in to your account.

If you close your iTransact account, we will mark your account in our database as “Closed,” but will keep your account information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account. However, if you close your account, your personally identifiable information will not be used by us nor iTransact for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.

F. Contacting Us

If you have any questions about this privacy statement, NiftyPay’s information practices, or your dealings with NiftyPay, please email us from the Contact Us page, call toll-free (888) 297-1900 Monday through Friday between the hours of 9:30 AM and 5 PM Mountain Time, or write us at K-Factor Technologies Inc., 257 E. Center St. STE 201, Provo, UT 84606.

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