Payentry Privacy Policy

Last revised and effective as of January 13, 2025

At MPAY, Inc, doing business as Payentry (“MPAY/Payentry, “we” or “us” or “our”), we are committed to your privacy. This Privacy Policy (this “Policy”) applies to the information supplied, collected, or shared with us through your use of our websites (mpay.com, payentry.com and any subdomains thereof), mobile applications (apps), and all products and professional services (collectively, our “Services”).

The Appendix below entitled “Additional Provisions Applicable to Information of Certain U.S. Residents” serves as our Notice of Collection for purposes of the California Consumer Privacy Act of 2018 (the “CCPA”).

You should carefully read this Policy.

By using our websites, apps, or Services, you expressly consent to our collection, use, disclosure, and retention of your information as described in this Policy.

When an organization with which you are associated, such as your employer or prospective employer, (an “Employer”), uses the Services, it may share information about its current, prospective and former employees as well as employee dependents and family members in connection with the Services we provide to the Employer.

• To the extent you are a current or prospective employee of an Employer (an “Employee”) or a dependent or family member of a current or prospective Employee of the Employer (an “Employee Dependent”), MPAY/Payentry will collect and process your information solely as instructed or permitted by the Employer and the use of your information may be governed by the Employer’s privacy policy. You may confirm with the Employer the terms of any such policy that governs our collection and use of your information.
• To the extent you are a former Employee of an Employer and have created an account with us in order to retain access to your information (a “Former Employee”) or you are an Employee Dependent of a Former Employee (a “Former Employee Dependent”), the use of your information will be governed by this Policy.
• To the extent that you are otherwise a user of our websites or apps (apart from being an Employee or Employee Dependent), or you otherwise have a direct relationship with us, the use of your information will be governed by this Policy.

The use of all biometric information that we collect is governed by our Biometric Data Policy.

As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within MPAY/Payentry or among our affiliates within the United States or internationally.

Information We Collect

Depending on your use of the Services, we may collect two types of information: personal information and non-personally identifiable information.

Personal Information

Personal information is information that identifies you or can be used to identify or contact you. Such information may include:

• Contact and account information, such as your name, address, email address, telephone number(s), account name and password;
• Financial, tax filing and bank account information;
• Government-issued identification information, such as social security, passport, permanent resident, and/or driver’s license numbers;
• Health and benefits information, such as health plan numbers, beneficiary or dependent identification and contact information, and other health information;
• Employment history and job application information;
• Biometric Data as described in our Biometric Data Policy;
• Audio and/or video recordings of our calls with you;
• Human resources and other information and documentation as may be needed for the Services.

Non-Personally Identifiable Information

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Services. Certain non-personally identifiable information may be considered a part of your personal information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.

When and Where Information Is Collected

Registering to Use the Services and in the Course of Using the Services

We will collect information that you submit or make available to us through the Services. You may be required to establish an account in order to take advantage of certain features of the Services. If so, you will be required to provide us with information such as name, phone number, physical address, email address, and other types of information, including as set forth above under “Information We Collect”. Information may also be collected from you if you communicate with us via phone, email, survey responses or other means of communication. Audio and/or video recordings may be collected during our audio and/or video calls with you (including such calls made using the third-party business communication platform to which MPAY subscribes).

If you choose to provide your cell phone number for multi-factor authentication purposes, you hereby agree that we may send you informational text (SMS) messages for such authentication purposes.

If you are a Former Employee or Former Employee Dependent, we may have received information about you from a former Employer that we continue to use in providing our Services to you and as described in the “Purposes for the Collection of Personal Information” section below.

In some cases, information about you may have been submitted to us by third-party service providers to the Employer, which may include payroll service bureaus, insurance companies, or other third-party administrators.

We may collect from you information about others, such as your spouse and/or dependents. By providing such other person’s information, you represent and warrant to MPAY/Payentry that you have provided notice and obtained all consents and rights from such person required by applicable law to enable MPAY/Payentry to process, and determine the purposes and means of processing of, such information. Such personal information of others will be treated in accordance with this Policy and applicable law.

Cookies and Log Files

We may collect certain information from you automatically and/or passively. This information can include, but is not limited to, your IP address, the type of browser used to access out websites, apps and Services, pages viewed, the device used to connect to our websites or apps, and websites from which visitors may have accessed our websites or apps. This information is used to better understand how our websites, apps and Services are used and to improve our websites, apps and Services.

We automatically receive and store certain types of information whenever you interact with our websites, apps and Services. When visiting our websites, for example, certain data is collected from your web browser and through the web server we use. This data may include IP addresses, login information, password, computer browser types (e.g., Internet Explorer, Firefox, Chrome, etc.), browser versions, various pages that users are visiting, and URL clickstream related to our Sites, including date and time.

When you access Services by or through a mobile device, this log data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use and other statistics.

We may collect this information passively using “cookies.” “Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Services and other websites. Cookies can be used to personalize your experience on the Services (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Services (such as saving time by not having to reenter your name each time you use the Services), to allow us to statistically monitor how you are using the Services to help us improve our offerings or to determine the popularity of certain content.

We may also collect this information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Services. This information may be used to analyze trends, to administer the Services, to monitor the use of the Services, and to gather general demographic information. We may link this information to personal information for these and other purposes such as personalizing your experience on the Services and evaluating the Services in general.

In addition to our own cookies, log files and similar technologies, we may engage third parties (e.g., Google) to use their cookies, log files and similar technologies to report to us usage statistics of the websites, apps and services, deliver advertisements on and through the websites, apps, and Services, and for other similar purposes. Google Analytics, for example, uses cookies to track your interactions with our websites, apps and Services. Google collects information and reports it to us, without identifying individual users. This information helps us improve our websites, apps, and Services so that we can better serve users. For more information on Google Analytics, please visit www.google.com/policies/privacy/partners/.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our websites, apps or Services.

You should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Services. This Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.

Purposes for the Collection of Personal Information

MPAY/Payentry may use personal information to:

• provide Services to our customers;
• administer and improve our Services. We may use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Services. We may link some of this information to personal information for internal purposes or to improve your experience with the Services;
• provide customer service and support.
• respond to your questions or comments and if you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personal information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference;
• unless you opt out, to the extent permitted by applicable law, contact you about products and services that may be of interest to you;
• send announcements and updates regarding the Services or, if applicable, about your billing account status. You will not be able to unsubscribe from these Services announcements and updates as they contain important information relevant to your use of the Services and are necessary for the performance of our Services; and/or
• detect fraud and monitor security of our Services, networks, and systems.

Additionally, we may use the information we collect to create aggregate information, such as de-identified statistics and other performance information related to the websites, apps, or Services. This aggregate information will not identify you personally, and we may use and disclose such information for research, analytics, improving our websites, apps and Services, and any other legally permissible purposes.

Disclosure of Personal Information

We generally disclose information we gather about you through the Services to the following types of third parties and as otherwise set forth in this Policy or as specifically authorized by you.

Laws and Legal Rights

We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We also may disclose your personal information to government agencies (for government and regulatory reporting and filings purposes). We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Services or the general public.

Third Parties At Your Direction

We may disclose your personal information to third parties at your direction and/or to third parties that you have elected to use through our Services, such as banks and brokerage firms that process payroll and/or securities transactions.

Third Parties Generally

We may provide your information to third parties, including where such information is combined with similar information of other users of the Services. For example, we might inform third parties regarding the number of unique users who use the Services, the demographic breakdown of our users of the Services, or the products and/or services purchased using the Services and the vendors of such products and services. In addition to the above, when users use our Services, third parties (including without limitation commercial partners) may directly collect personal information and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect personal information and non-personally identifiable information may include vendors, affiliates and other actual or potential commercial partners, and other similar parties.

We may also disclose your information where the disclosure is necessary for the purpose for which the information was obtained.

Professional Advisors

We may provide your information to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Outside Contractors

We may employ independent contractors, vendors, suppliers or other third parties (collectively, “Outside Contractors”) to provide specific services and products related to the Services, such as hosting and maintaining the Services, providing credit card processing and fraud screening, and developing applications for the Services. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Services, including your personal information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personal information.

Sale of Business

We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of MPay/Payentry or any of its Corporate Affiliates (as defined below), or that portion of MPay/Payentry or any of its Corporate Affiliates to which the Services relate, or in connection with a strategic investment by a third party in MPay/Payentry, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with MPay/Payentry, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

Our Commitment to Data Security

To prevent unauthorized access, maintain data security and accuracy, and ensure the proper use of information, we have put in place commercially reasonable physical, electronic, and operational procedures designed to safeguard and secure the information we collect online.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you provide your information to us at your own risk.

Data Retention

We will not retain your information for longer than is reasonably necessary for our business purposes, to resolve potential disputes, or for our legal or regulatory requirements (including for the purpose of satisfying any tax, accounting, or reporting requirements).

When determining the appropriate retention period for personal information, we take into consideration (among other things) sensitivity of the information, risk of harm, purposes of processing, other available means, our relationship, and legal and regulatory requirements.

When we no longer need to use your information, we will remove it from our systems or take steps to promptly anonymize it so that you can no longer be identified from it.

Links to Other Websites or Services

Our Services may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Services. For the avoidance of doubt, we are not responsible for the privacy practices of an Employer or third-party service providers to an Employer. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each such website and service. This Policy applies solely to information collected by us through the Services.

Transfers to Other Countries

Personal information collected on the Services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Services and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Services from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Services are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.

If you are a resident of the United States, please also review the Appendix below, entitled “Additional Provisions Applicable to Information of Certain U.S. Residents”.

Updates to Personal Information

You have the right to request updates of your personal information as follows. If you are an Employee or an Employee Dependent, for information that we process on behalf of the Employer, please contact the Employer directly for assistance with your request. If you have an account on our Services, you may view and/or modify your personal information directly, or, you may contact us (as provided below) in order to (1) update or correct your personal information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personal information maintained about you on our systems (subject to the following paragraph). Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personal information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

Do Not Track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests.

Opting Out of Communications

You may opt out of receiving newsletters, marketing or promotional materials from us by following the unsubscribe link or instructions provided in the applicable communication or by contacting us via any of the methods set forth in the “How to Contact Us” section below.

Changes to this Privacy Policy

MPAY/Payentry may add to, update or change this Policy from time to time, in our sole discretion. The revised Policy will be posted to our website and the policy revision date will be updated as well. You should check this Policy for changes each time that you access the websites, apps or Services. Continued use of our websites, apps, or Services following revisions will indicate your acceptance of those changes.

How to Contact Us

If you have any questions or comments about this Policy, please contact us using any of the following methods:

Payentry or MPAY, Inc.
Attn. Customer Care – Privacy Policy
19109 W. Catawba Avenue, Suite #100
Cornelius, North Carolina 28031

Phone: (888) 632-2940

To contact us via email, fill out the Contact form at the bottom of our website (Payentry.com) and we will get back to you.

Appendix: Additional Provisions Applicable to Information of Certain U.S. Residents

If you are a resident of certain U.S. states (including, but not limited to California, Colorado, Connecticut, Delaware, Iowa, Nebraska, Nevada, New Hampshire, New Jersey, Montana, Oregon, Texas, Utah, and Virginia) you may have additional rights pursuant to applicable laws in your state of residence. This Appendix describes those rights and how to exercise them, as well as providing additional disclosures as required under U.S. state law. As used in this Appendix, the term “personal information” has the same meaning given to such term (or any similar term, including personal data) in the applicable state law(s).

This Appendix serves as out Notice at Collection for purposes of the CCPA.

Categories of Personal Information We Collect

In addition to the information set forth in the sections above entitled “Information We Collect”, “When and Where Information Is Collected”, “Purposes for the Collection of Personal Information”, and “Disclosure of Personal Information”, the tables below set forth (a) the categories of personal information we have collected and processed, (b) the categories of sources from which such information was collected, (c) the business purpose for such collection, and (d) the categories of third parties to whom we disclose such personal information, in each case within the last twelve (12) months.

How Your Personal Information is Collected

The section of this Policy above entitled “When and Where Information Is Collected” describes how we collect your personal information.

Sales of Personal Information

In the preceding twelve (12) months, we have not sold any categories of personal information.

Sharing Personal Information

We do not currently share personal information with third parties for cross-context behavioral advertising or targeted advertising.

Sensitive Personal Information

We do not use or disclose sensitive personal information for purposes other than those specified below:

• to perform the Services or provide the goods reasonably expected by an average consumer who requests those goods or Services;
• to prevent, detect and investigate security incidents that compromise the availability, authenticity, integrity or confidentiality of stored or transmitted personal information;
• to resist malicious, deceptive, fraudulent or illegal actions directed at us and to prosecute those responsible for those actions;
• to ensure the physical safety of natural persons;
• for short-term, transient use, including non-personalized advertising shown as part of a consumer’s current interaction with us;
• to person services on behalf of us;
• to verify or maintain the quality or safety of a product, service or device that is owned, manufactured, manufactured for, or controlled by us and to improve, upgrade or enhance such service or device; or
• to collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

Description of Your Rights

Depending on your state of residence, you may have one or more of the following additional rights:

1. The right to confirm whether or not we are processing your personal information and a right to access such personal information.
2. The right to know what personal information we have collected about you, including:

• • the categories of personal information that we have collected about you;
  • the categories of sources from which the personal information is collected;
  • our business or commercial purpose for collecting, selling or sharing your personal information;
  • the categories of third parties with whom we disclose personal information (if any); and
  • the specific pieces of personal information that we have collected about you.

3. The right to delete personal information from our records and those of our service providers, unless an exception applies.
4. The right to correct inaccurate personal information that we maintain about you.
5. The right to obtain a copy of your personal information that you provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means.
6. The right to obtain a list of specific third parties to whom we have disclosed your personal information. We may instead provide a list of specific third parties to whom we have disclosed any consumer’s personal information if we do not maintain this information specific to you.
7. The right to opt out of the processing of personal information for purposes of:

• • targeted advertising
  • sale of personal information
  • profiling in furtherance of decisions that produce legal or similarly significant effects.
• Note: We do not currently process personal information for these purposes.

8. The right to not be discriminated against by us because you exercised any of your rights under applicable law. This means we cannot, among other things:

• • deny goods or services to you;
  • charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • provide a different level or quality of goods or services to you; or
  • suggest that you will receive a different price or rate for foods or services or a different level or quality of goods or services.

Exercising Your Rights

To exercise your rights described above, please submit a request by:

• Calling us at (888) 632-2940
• Emailing us by filling out the Contact form at the bottom of our website (Payentry.com)
• Mail at the following address:

Payentry or MPAY, Inc.
Attn. Customer Care – Privacy Policy
19109 W. Catawba Avenue, Suite #100
Cornelius, North Carolina 28031

Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

To protect the security of your information, for all requests (except requests to opt-out of the sharing of personal information with third parties) you will need to provide us with enough information reasonably verify your identity. The information you provide must match the information we know about you. Additionally, if you request specific pieces of your personal information or the deletion of certain personal information, you may be required to provide a signed declaration under penalty of perjury and otherwise authenticate your identity. We are not obligated to process a request if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

If your request is denied, we will notify you of such denial. You may appeal the decision by contacting us using one of the methods set forth in this section.

Please note that applicable law may restrict how often you can make a request to exercise your rights.

Requests by Authorized Agents

You are permitted to designate an authorized agent to make a request on your behalf. Your authorized agent can use the methods described above to submit the request and will be required to provide proof of authorization.

Information Related to Minors

MPAY/Payentry does not knowingly collect personal information from persons under the age of 13 and the Services are not designed for or directed to children under the age of 13. If you are under 13 years of age, you may not use our Services.

Individuals with Disabilities

Individuals with a disability may access an alternative format of this Privacy Policy using the contact information in the section above entitled “How to Contact Us.”

California Shine the Light

California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our websites, apps or Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

Nevada Residents

If you are a resident of Nevada, you have the right to request we not sell your personal information for monetary consideration to certain other parties. This right applies even if your personal information is not currently being sold. If you wish to exercise this right, you can submit a request by either:

• Calling us at (888) 632-2940
• Emailing us by filling out the Contact form at the bottom of our website (Payentry.com)

For Texas Organizations

If you have a complaint, first contact your Client Advocate at 1-888-632-2940, if you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.