Orbipay Privacy Policy

Last Updated: June 9, 2023

Welcome to Orbipay – the platform for sending and receiving money online. The Orbipay platform includes the websites, mobile applications, and other platforms that link to this privacy policy (collectively, the “Platform”). The Platform is owned and operated by Alacriti Payments LLC, 100 Somerset Corporate Boulevard, 2nd Floor, Bridgewater, NJ 08807 (together with its affiliates, “Alacriti”).

The Platform enables companies (“Clients”) the ability to offer their customers a variety of payment-related features, such as the ability to send electronic invoices, receive electronic payments, and issue electronic payments. This Privacy Policy (“Policy”) is between Alacriti and you, the individual using such a payment-related feature that is powered by the Platform. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING ANY ASPECT OF THE PLATFORM.

Alacriti knows that you care about your privacy and the protection of your personal information. Alacriti also knows it has a responsibility to be clear about how it uses, discloses, and protects your personal information. Alacriti designed this Policy to do just that. This Policy explains the types of personal information Alacriti collects, and how it collects, uses, maintains, protects, and shares that personal information. This Policy also tells you about the rights and choices you may have when it comes to your personal information.

Some of what Alacriti says in this Policy is required by law, and may at times seem long and complicated, but Alacriti has worked hard to try to make this Policy easy to understand and provide examples where possible. If you have questions about this Policy, please contact Alacriti via email to privacy@alacriti.com.

1. Platform Overview

This Policy applies only to Alacriti’s actions with respect to the personal information that Alacriti is provided by a Client or collects directly from you.

This Policy does not apply to Clients. Each Client’s privacy practices, including details on the personal information it may collect about you, are subject to that Client’s privacy policy, which Alacriti strongly suggests you review. If you have questions about a Client’s privacy practices, please contact the Client.

Alacriti stores personal information in the United States. You consent to Alacriti transferring personal information from your country of residence to the United States, and acknowledge that by doing so personal information may become subject to United States law.

2. Collection of Personal Information

Alacriti collects Personal Information as detailed in this section. “Personal Information” means any information relating to or reasonably capable of being associated with an identified or identifiable natural person or household.

a. What Personal Information Alacriti Collects

i. Identification Information. Information used to identify you as a Platform user, such as your name or Platform username.

ii. Contact Information. Information used to communicate with you, such as your email address, telephone number, or mailing address.

iii. Payment and Transaction Information. Information used to send or receive a payment, such as bank account number or payment card number. This also includes information about the payment, such as the amount, timestamp, and description.

iv. Preferences Information. To make data entry easier, the Platform may enable You to save certain pieces of information for future use, such as a preferred shipping method and preferred shipping address.

v. Location Information. The location from which you are accessing the Platform. This location may be inferred from your IP address or may be explicit from the GPS coordinates of a mobile device (subject to your location-sharing settings on such device).

vi. Activity Information. Alacriti collects certain information automatically about your use of the Platform and the device used to use the Platform. This information includes: (A) your activity within the Platform, such as pages visited and features used; and (B) information about the device being used to access the Platform, such as its IP address, Web browser, and other device identifiers.

b. How Alacriti Collects Personal Information

Alacriti collects Personal Information in several ways. Alacriti collects information when you provide Alacriti with the information, such as when you create a Platform account or use the Platform. Alacriti may also collect information about you from its affiliates or other third parties, including: (i) information that a Client provides us about you; (ii) identity verification information from third-party verification services and publicly-available sources; (iii) credit investigation, credit eligibility, or account verification information from third-party fraud services; and (iv) government databases and related resources that are either mandatory or recommended from time to time in connection with various regulations. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies. If you believe that any of the information that Alacriti has collected about you is incorrect, please contact Alacriti at privacy@alacriti.com.

3. How and When Alacriti Uses Personal Information

a. To Provide the Platform to You. Alacriti uses your Personal Information for its legitimate interests in providing you with the Platform. This includes: (i) creating a Platform account for you; (ii) enabling you to send and receive electronic invoices and payments; (iii) communicating with you, such as responding to your requests for support; (iv) analyzing and improving the Platform, such as understanding which features of the Platform are most frequently used by you and other Platform users; (v) investigating theft and securing the Platform, such as detecting unauthorized use of the Platform or your Platform account; (vi) creating aggregate statistics regarding the Platform for marketing and promotional purposes; and (vii) sending you marketing about the Platform and the Clients from whom you have sent or received payments, which marketing might be personalized based on your Platform account.

b. To Provide the Platform to Clients. Alacriti also uses your Personal Information for its legitimate interests in providing Clients with the Platform. This includes: (i) enabling Clients to send or receive electronic invoices and payments to or from you; (ii) enabling Clients to communicate with you; and (iii) providing Clients with reporting and other analytics relating to the Platform.

c. To Improve Our Products and Services. Alacriti uses your Personal Information for its legitimate interests in improving its business. This includes: (i) analyzing its current products and services; (ii) developing new products and services; (iii) managing and evaluating the effectiveness of its communications; (iv) performing analytics, such as measuring, tracking, and evaluating trends and usage of Alacriti’s different products and services; and (v) doing internal research.

d. Protecting the Platform and Complying with Law. Alacriti uses your Personal Information for its legitimate interests in securing the Platform and complying with law. This includes: (i) conducting investigations, complying with and enforcing applicable laws, regulations, legal requirements and industry standards, and responding to lawful requests for information from the government or to valid legal process; (ii) contacting you to resolve disputes with Clients; (iii) debugging to identify and repair errors that impair how the Platform functions; (iv) enforcing Alacriti’s agreements, policies and terms; and (v) investigating, detecting, preventing, recovering from, or reporting fraud, misrepresentations, security breaches or incidents, or other potentially prohibited, malicious, or illegal activities.

e. Otherwise with Your Approval. Alacriti uses your Personal Information as otherwise approved by you from time-to-time, which approval may be through the Platform interface.

4. When and With Whom Alacriti Shares Personal Information

Alacriti may share your Personal Information with the following categories of third parties:

a. With Clients. When you use the Platform to interact with a Client, we share your Personal Information with the Client as part of that interaction. For example, if you pay a Client, we will share with the Client details of that payment.

b. With Affiliates. Alacriti is a family of companies, and Alacriti may share your Personal Information with any affiliated company, for purposes of helping us exercise or rights or perform our obligations with respect to the Platform.

c. With Service Providers. Alacriti may share your Personal Information with any service provider that Alacriti uses to help it exercise its rights and perform its obligations with respect to the Platform

d. With Advertising Companies. Alacriti may share your Personal Information with advertising companies that run advertising campaigns, contests, special offers, or other events or activities on its behalf, on behalf of Clients, or in connection with the Platform.

e. With an Acquirer. Alacriti may share your Personal Information with a subsequent owner, co-owner, or operator of the Platform, or if Alacriti does or tries to do a corporate merger, consolidation, or restructuring (including during due diligence and negotiation of these) or sell substantially all of its assets.

f. As Required for Safety and Compliance with Law. Alacriti may share your Personal Information if it believes that sharing is reasonably necessary: (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from creditors, tax authorities, law enforcement agencies, in response to a garnishment, levy, or lien notice, etc.); (ii) to establish, exercise or defend its legal rights; (iii) to enforce or comply with its agreements or policies; (iv) to protect its or its customers’ rights or property, or the security or integrity of the Platform; (v) for an investigation of suspected or actual illegal activity; or (vi) to protect Alacriti, users of the Platform, or the public from harm, fraud, or potentially prohibited or illegal activities.

g. Otherwise With Your Approval. Alacriti may share your Personal Information as otherwise approved by you from time-to-time, which approval may be through the Platform interface.

5. How Alacriti Protects Personal Information

Alacriti follows industry-standard practices to prevent the unauthorized access, use, or disclosure of any Personal Information it collects and maintains. These practices include technical, administrative, and physical safeguards, which may vary, depending on the type and sensitivity of the information. Although Alacriti takes the responsibility of safeguarding your Personal Information seriously, no security measures are 100% effective and Alacriti cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose your Personal Information.

You are responsible for keeping your Platform username and password secret.

6. For How Long Alacriti Keeps Personal Information

Alacriti keeps Personal Information for different lengths of time depending on the type of information and the business and legal requirements. For example, if you have an account for the Platform, then Alacriti keeps your Personal Information for as long as that account exists. If you no longer have an account for the Platform, Alacriti still may need that information for business and legal requirements, such as to protect against fraud, calculate taxes, respond to legal requests, or comply with a third-party requirement (e.g., NACHA). Other information is deleted automatically after a set period of time, often set by law, unless Alacriti is legally required to hold it longer, such as for pending litigation. Alacriti will destroy, de-identify, or anonymize Personal Information when it is no longer needed in identifiable form.

7. Your Choices Regarding Personal Information

a. Right to Access, Delete, Correct, Modify, Object, or Restrict. You may have the right to: (i) access, delete, correct, or modify your entire Platform account, or information contained therein; and (b) object to or restrict Alacriti’s processing of your Personal Information.

You may take many of these actions yourself through the features made available to you in the Platform, or you may have Alacriti take any of these actions for you by contacting Alacriti at privacy@alacriti.com or Alacriti, Attention: Privacy Compliance, 100 Somerset Corporate Boulevard, 2nd Floor, Bridgewater, NJ 08807.

Alacriti may refuse a request if permitted by law, or if it would violate another person’s rights. If Alacriti refuses your request, Alacriti will tell you why the request was refused.

b. Right to Know. You have the right to know whether Alacriti has collected Personal Information from you. You may submit up to two access requests within a 12-month period asking Alacriti to tell you:

• the categories or specific pieces of Personal Information that Alacriti has collected from you;
• the categories of sources from which Alacriti has collected your Personal Information;
• the reasons why Alacriti collects Personal Information; and
• the categories of third parties with which Alacriti shares Personal Information.

c. Alacriti’s Response. Alacriti will respond to requests within a reasonable timeframe. If Alacriti requires additional time, then Alacriti will acknowledge receipt of your request within a reasonable timeframe and promptly supplement its response within the time period required by applicable law. While Alacriti makes efforts to accommodate requests to restrict Alacriti’s use of your Personal Information, Alacriti reserves the right to delete all or any portion of your Personal Information if Alacriti is not able to reasonably accommodate a requested restriction.

d. Email Marketing. Each marketing email sent by Alacriti will contain information on how to unsubscribe from Alacriti’s marketing mailing list. You can also unsubscribe by sending an email with the subject line “Unsubscribe” to privacy@alacriti.com.

e. Interest-Based Advertising and Cookies. For choices regarding cookies and interest-based advertising, please see the relevant sections, below.

8. Cookies

Alacriti and its partners use cookies to analyze trends, administer websites, track users' movements around the Platform, and to gather demographic information about its user base as a whole. Cookies help personalize and maximize your use of the Platform, including storing user preferences, improving search results and ad selection, and tracking user trends. You can control your cookies, on a per-Web-browser basis, but if you disable cookies, it may limit your ability to use certain features or functions on the Platform. To learn more about cookies, please visit http://www.allaboutcookies.org.

Alacriti uses the following types of cookies:

a. Security. These cookies allow Alacriti to secure access to your Platform account.

b. Preference. These cookies are used to store your Platform preferences, such as language choice and preferred shipping address.

c. Analytics. These cookies use a unique identifier so that Alacriti can differentiate between your and other users’ interaction with the Platform. Specifically, Alacriti uses the third-party analytics service Google Analytics. To learn more about Google Analytics and how to opt out, please visit https://marketingplatform.google.com/about/ or https://support.google.com/analytics/answer/181881?hl=en.

d. Advertising. These cookies are used to show you relevant marketing, advertising, and other content on the Platform and third-party sites.

You can use the methods described below to manage cookies. You must take these steps on each browser or device that you use to access the Platform. If you replace, change, or upgrade your browser or device, or delete your cookies, then you may need to use these opt-out tools again.

e. Browser Controls. You may be able to disable and manage some cookies through your browser settings. If you use multiple browsers on the same device, then you will need to manage your settings for each browser. Please click on any of the below browser links for instructions:

Google Chrome
Apple Safari
Mozilla Firefox
Microsoft Internet Explorer

If the browser you use is not listed above, please refer to your browser’s help menu for information on how to manage cookies. Please be aware that disabling cookies will not disable other analytics tools Alacriti may use to collect information about you or your use of the Platform.

f. Flash Local Storage. Flash cookies (also known as “local shared objects”) need to be deleted in the storage section of your Flash Player Settings Manager. Learn more about deleting Flash cookies.

g. Targeted Advertising. Most third-party advertisers offer a way to opt out of their targeted advertising. For more information visit the section regarding “Interest-Based Advertising,” below. After you opt out, you will still see marketing, advertisements, and other content, but they may not be as relevant to You.

9. Interest-Based Advertising and Ad Choices

The Platform adheres to the Digital Advertising Alliance’s Self-Regulatory Principles. For more information or to opt out of receiving targeted advertising from participating third-party advertisers, please visit https://youradchoices.com.

If you would like to opt out of browser-based cross-device tracking for advertising purposes, you may do so by opting out using the various methods described in the section regarding “Cookies.” You must opt out separately on each device and each browser that you use to access the Platform. For more information about cross-device matching, please visit the Network Advertising Initiative or the Digital Advertising Alliance. If you opt out of cross-device tracking for advertising purposes, Alacriti may still conduct cross-device tracking for other purposes, such as analytics.

After you opt out from interest-based advertising, you will still see marketing, advertisements, and other content, but they may not be as relevant to you.

10. “Do Not Track” Signals

The Platform does not respond to “Do Not Track” signals sent from Web browsers, because definitions and rules for a “Do Not Track” standard have not yet been established.

11. California Residents

a. General. You have the right to request that Alacriti disclose the Personal Information that it collects, uses, discloses, and “sells” (as explained further, below), about you.

b. The Right to Opt-out of the Sale of Your Personal Information. The California Consumer Privacy Act (“CCPA”) aims to provide California residents with a variety of new rights, among them the ability to prevent companies from “selling” their Personal Information. A common understanding of “selling” information is that it involves a company taking information it has learned about you and exchanging that information with an unrelated third party for money, who will then use that data for a new purpose that you did not intend. However, the CCPA has a much broader definition of “sell” than this. For example, Alacriti providing your Personal Information to a Clients as part of you sending or receiving payments from that Clients “may” fall under the definition of “selling” data because the CCPA is new and these issues are not yet resolved.

Until additional clarification regarding the CCPA has been provided by the State of California, if you make a request for Alacriti not to “sell” or “transfer” your Personal Information, then Alacriti would be prohibited from providing the Platform to you because the purpose of the Platform is to facilitate you sending or receiving payments from Clients (which necessarily involves your Personal Information).

To request that Alacriti not “sell” or “transfer” your Personal Information, please email Alacriti at privacy@alacriti.com or Alacriti, Attention: Privacy Compliance, 100 Somerset Corporate Boulevard, 2nd Floor, Bridgewater, NJ 08807. In response to such a request, Alacriti will delete your Platform account.

By submitting such a request, you are declaring that you are a California resident taking advantage of your rights under CCPA. Once your data is deleted, Alacriti will be unable to transfer it.

c. Shine The Light Requests. California’s “Shine the Light” law (Civil Code section 1798.83) permits California residents once per calendar year to request and receive information about a business’s disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and a Platform user, then you can request a copy of this information from Alacriti by sending an email to privacy@alacriti.com. Please include your name and email address with your request.

d. Non-Discrimination. Alacriti will not discriminate against you for exercising any of your rights under the CCPA.

12. Changes

Alacriti may change this Policy over time as regulations, its business needs and the needs of its users change. If Alacriti makes material changes to this Policy that increase its rights to use or share Personal Information that it has previously collected about you, then Alacriti will notify you through written, electronic, or other means so that you can make any necessary decisions about your ongoing use of the Platform.

13. How to Contact Alacriti

Alacriti, located at 100 Somerset Corporate Boulevard, 2nd Floor, Bridgewater, NJ 08807, is the legal entity determining the purposes and means of processing the information gathered on the Platform, and is the data controller of all data the Platform collects from you.

If You have any questions regarding Alacriti’s processing of Personal Information, please email privacy@alacriti.com or write to Alacriti at the mailing address earlier in this section.