Updated on 25/04/2024

Effective date 25/04/2024

 

Empyrean Merchant Services Inc. (“us”, “we”, or “our”) operates the cubepay.io, admin.cubepay.io or pay.cubepay.io websites (hereinafter referred to as the “Service”). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from our website

 

Definitions

SERVICE

Service is the CubPay.io website operated by Empyrean Merchant Services Inc.

PERSONAL DATA

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

USAGE DATA

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

COOKIES

Cookies are small files stored on your device (computer or mobile device).

DATA CONTROLLER

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

 

PRIVACY POLICY

DATA PROCESSORS (OR SERVICE PROVIDERS)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

DATA SUBJECT (OR USER)

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

 

Types of Data Collected

Personal Data. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link and the instructions provided in any email we send, you can also click Unsubscribe to remove your email form our marketing list. If you have any issues or questions please contact us at support@cubepay.io.

 

USAGE DATA

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

TRACKING COOKIES DATA

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on
your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

 

USE OF DATA

Empyrean Merchant Services Inc. uses the collects data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 

GDPR DATA PROTECTION RIGHTS

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

  • The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
  • The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
  • The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
  • The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
  • The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
  • The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

 

RETENTION OF DATA

Empyrean Merchant Services Inc. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Empyrean Merchant Services Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

 

Your personal information will be retained:

Empyrean Merchant Services Inc. may process your Personal Data because:

  • For contractual purposes:
    For the entire duration of your use of our Services and following the withdrawal of your registration, for the period necessary for the purposes of the (i) establishment, exercise, or defense of legal claims and keeping accounting records of Company, and (ii) fulfillment of legal obligations applicable to us. Note that statute of limitations and other applicable laws may vary by jurisdiction.

 

  • Advertising
    For sending newsletters, advertising material, and other communications on new products/services and updates/news on existing products/services, and for carrying out surveys, including on customer satisfaction: for 24 months from their collection, unless it is necessary by law to keep them longer.

The information will be deleted or rendered anonymous at the end of the periods identified above.

 

YOUR CALIFORNIA PRIVACY RIGHTS UNDER THE CCPA

The information provided in this section only applies to California residents. This notice describes how we collect, use your Personal Information (as defined in the California Consumer Privacy Act of 2018, or “CCPA”), and your rights with respect to that Personal Information.

Your California privacy rights

As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

  • Information
    You can request the following information about how we have collected and used your Personal Information during the past 12 months:

o The categories of Personal Information we have collected.
o The categories of sources from which we collected the Personal Information.
o The business or commercial purpose for collecting and/or selling Personal Information.
o The categories of third parties with whom we share the Personal Information.
o The categories of Personal Information that disclosed for a business purpose.

 

Sale of Personal Information

Empyrean Merchant Services Inc. do not sell, as defined under CCPA, your Personal Information to third parties. In the preceding twelve (12) months, we have not sold any personal information.

  • Access
    You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion
    You can ask us to delete the Personal Information that we have collected from you.
  • Non-discrimination
    You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

 

How to exercise your rights

You may exercise your California privacy rights as follows:

  • Identity verification:

The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information.

  • Authorized agents:

California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

  • Call 1 877 773 1001

 

Disclosure of Data

DISCLOSURE FOR LAW ENFORCEMENT

Under certain circumstances, Empyrean Merchant Services Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

LEGAL REQUIREMENTS

Empyrean Merchant Services Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Empyrean Merchant Services Inc.
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time and at least once annually. We will notify you of any changes by posting the new Privacy Policy on this page. We will post a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US
Call: 877-773-1001
Email: support@cubepay.io

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