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ACT Pay Privacy Policy
ACT Pay Inc. (“ACT Pay”) provides financial products and services to growing companies. We understand that by using ACT Pay, you place your trust in us to handle your data and personal information appropriately, including your personal information and the personal information of individuals affiliated with your company, such as your company’s employees, contractors, or beneficial owners.

We want to make sure that you have all the information necessary about how we process (i.e., use, collect, transmit, store, share, and erase) personal information, which does not include anonymized or aggregated data, so you can make an informed decision about how you want to interact with our products and services.

We know that you may have questions about how we process your personal information, so we have laid out how we process personal information about you. We’re always open to inquiries and suggestions on how we can improve; please reach out to our Privacy Team at support@actpay.ai.

1. Personal Information We Process and How We Process It

The personal information we process depends on the products you use and how you access them. We process information when you directly interact with ACT Pay in the following ways:
Information We Process When You Use Our Products and Services

Information needed to apply and create an ACT Pay Account

If you are opening an ACT Pay Account, we need to process a certain amount of preliminary information about you, your company, and individuals associated with your company to create an ACT Pay Account to comply with our legal and regulatory obligations. When you apply for an ACT Pay Account, we may process:
Information needed to use our products and services

We need to process personal information when your company assigns you an ACT Pay Card or otherwise allows you to use our products and services (for example as an employee or authorized representative). To use these services, we may process:
Information processed when you make a transaction

Each time you make a payment using an ACT Pay Card, we receive information about your transaction. We may receive this information directly from you or from our financial partners (including Sutton Bank) or the card network (Visa). We may process:
We process personal information automatically when you visit our website or use our mobile app to make our services work, to prevent fraud and enhance security, to understand your preferences, and to tailor services to you for the best possible experience. We may process:

Browser and device information.
Information about your use of our website or mobile app.
Cookies and trackers. We also use cookies and other activity tracking tools to help our website function effectively. These tools allow us to:
You can block these at any time using your web browser settings but doing so may limit browsing experience and your ability to use certain features of our services.

Information processed when you interact with ACT Pay teams

We may process personal information about you when you call, chat, email, or interact with members of ACT Pay teams (such as Customer Experience, Sales, or Marketing), including:
Information processed when you join a webinar or event

We may process personal information about you when you join ACT Pay at an event in person or online via a webinar. We may collect this information directly or obtain it from a third-party service provider. We may process:
Information Processed from Our Business Partners and Service Providers

We process personal information we receive from financial partners, identity verification services, and other third-party service providers, and information you share with us about your use of their products and services:
Information necessary to comply with regulatory and legal requirements

When you open an ACT Pay Account as a company owner or an administrator on behalf of a company, or you provide information of an individual with an ownership interest in a company, we process personal information we receive from identity verification services and other third-party service providers that we must keep to comply with the law, including:
Information processed to integrate third-party products and services with your ACT Pay Account.
When you choose to link your ACT Pay Account with products and services provided by our business partners, we process personal information we receive from them to ensure our products and services work properly together.

Your bank. To underwrite some services for you, we require you to give us information about your company’s finances and access to your company’s bank account. We use third-party service providers to process information about your company’s bank account activity. When you link your bank account, we may process the bank account credentials and all information associated with the bank accounts associated with those credentials, including:
If you do not link your bank directly, we process information you provide with copies of your bank statements and other financial information about your company.

To link your bank account with your ACT Pay Account, a third-party service provider may use and store your bank account credentials. We do not store your bank account credentials on ACT Pay systems.

ACT Pay Account connections. We offer the ability to connect your ACT Pay Account with accounting services (such as QuickBooks Online), and other products and services. We both provide personal information to and receive personal information from these services on your behalf.

Accounting and expenses services. When you direct us to connect your ACT Pay Account to these services, we collect certain information to make those integrations work, including:
The information we collect may differ based on the accounting service and the choices you make relating to that service.

Program partners. We get information from financial service providers such as our issuing bank, card networks, and financial institutions that process payments on our behalf to make our services work. The information we get includes personal information related to your transactions using a virtual or physical ACT Pay Card as described above.

Information processed to conduct fraud monitoring, prevention, and detection

We process personal information from our business partners, financial service providers, credit reporting agencies, identity verification services, public sources, and other third parties to prevent fraud.

Information processed as a result of a business partnership, referral, or agreement

We enter into agreements with financial partners and other businesses that provide products and services related to ours, and as a result of these partnerships, ACT Pay may receive personal information related to that particular relationship or partnership. We may process information about:
2. How We Use Personal Information

We process your personal information for the reasons stated specifically in this policy, but we may also process personal information about you to:

Operate our business and provide tailored services to you.
Provide you with support.
Anonymized and aggregated data

To improve, and market our products and services, and for other promotional purposes, we may reasonably transform personal information into de-identified information removing or masking information that could be used to identify you and by aggregating or combining de-identified data with other information. If you don’t want us to use your data in anonymized or aggregate form for promotional purposes, contact us at support@actpay.ai.

3. How We Share Personal Information
Sharing for business purposes only

ACT Pay may provide personal information to third parties to improve our products and services, to operate our business, and to help ACT Pay market to potential customers. We may share all of the categories of information listed in this Privacy Policy with other companies:
No sale of personal information

We do not and will not sell or allow our service providers to process your personal information for their own use without your express consent, unless the processing of that information is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, protect our property or operations, or enforce the rights and protect the property or operations of our business partners and customers.

Making a payment

We share some personal information about you, such as your name and information about the payment method, with the person or merchant you are paying.

Anonymous or aggregated informationWe may share anonymized or aggregated information, or other data that does not directly identify you or your company, with third parties.

Affiliate sharing

ACT Pay Inc. may share personal information we process about you with other ACT Pay  companies to provide additional services to you, determine eligibility for new products and offers, and for other legitimate business interests.

Service providers

We share your personal information with our service providers that operate and provide services on our behalf. These service providers need access to your personal information to perform information processing, manage or enhance our customer information, tailor services to you and your preferences, and perform other services related to our business. We work with our service providers to make sure that they do not sell the personal information that we share with them.

Financial and business partners

We share personal information to facilitate the services we provide to you with our business and financial partners.

Card issuing partners. ACT Pay Inc. partners with Sutton Bank and other banks to issue cards to you. ACT Pay owns and controls the transaction data and other personal information we share with card issuing partners. We share the personal information you provide in your application for an ACT Pay Account with our card issuing partners to comply with our contractual obligations and to facilitate compliance with their and our regulatory obligations. Our card issuing partners do not sell or use your personal information or use any related data to market or to develop products and services, or for any other purpose not authorized by us. For more information on how Sutton handles your personal information, please visit Sutton’s Privacy Notice at www.suttonbank.com.
Credit reporting agencies. We share information about you and your account with credit reporting agencies to verify information about your business, to report on your business’s performance, and to report late payments, missed payments, or other defaults, which in some cases may contain personal information.

Card network partners.  Visa separately processes information related to your use of your cards. For more information on how Visa handles your personal information, please visit Visa’s Global Privacy Notice.

Partnerships and referrals. We share personal information to facilitate referral partnerships. For example, if you were referred to us through an organization we may provide confirmation to that organization that your company opened an ModernRails Account with us, and information relating to your ModernRails Account activity solely for the purpose of calculating any referral fees we owe related to the referral.

Sharing authorized by you, your users, or authorized representatives

We continually enhance our products and services by integrating with products and services provided by other companies. For these integrations to work and with your explicit consent, we may need to share your personal information with them.

Information we share with these companies will be used and disclosed according to that company’s privacy policy. You should review the privacy policy of any company that has access to your personal information related to the integration with your ModernRails Account.

Accounting and expenses integrations. We offer integrations with many popular accounting services (such as QuickBooks Online). We share information with those services solely as directed by you, your users, or authorized representatives.

Corporate transactions

In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal information and data we process from you may become part of the assets we transfer or share in preparation for any such transaction. Any acquirer or successor of ModernRails may continue to process personal information consistent with this Privacy Policy.

Compliance and compelled disclosure

We may share personal information:
4. Where We Store Personal Information

We provide and direct our services only to companies incorporated in the United States and for use exclusively by their employees or authorized representatives. We may process and store personal information for the purposes described in this Privacy Policy in the United States or any other country in which ACT Pay, its subsidiaries, affiliates, or service providers operate. We will store this information while we continue to provide products and services to you, to operate our business, comply with contractual obligations, and for as long as required by law.
If you ask us to delete specific personal information (see “Your Choices About Your Personal Information” below), we will honor your request unless deleting the information prevents us from billing for our products and services, calculating taxes, conducting required audits, or carrying out other legitimate business functions, or we are required by law or contractual obligation to keep that information.

5. Other Important Information About Your Personal Information

Security

We use organizational, technical, and administrative measures to protect personal information; however, no data security program is entirely secure. Please contact us at support@actpay.ai immediately if you believe that your personal information or any other confidential information that you have provided to us is no longer secure or has been lost or stolen. If we confirm that there has been a breach of personal information or confidential data related to you, we will notify you.

Use by minors

If you are under the age of 16, you may not have an ACT Pay Account or use our products or services. We do not knowingly process any information from, or direct any of our products or services to children under the age of 16. Please do not provide us with any personal information related to children under the age of 16.

Personal information related to administrators, employees, company owners, and authorized persons or representatives

In some circumstances, we require you to provide us with personal information relating to another person (such as providing us with personal information about the owners of your business during the application process or providing us with personal information about your employees). Do not provide us with any personal information unless you have obtained consent of these persons or you are sure the disclosure of the personal information is otherwise permitted by law or contract. You must inform all other persons whose information you share with us how we process personal information and all other terms of this Privacy Policy.

ACT Pay Account users

Our products and services are intended for use only by companies, and you may only use an ACT Pay Account or Card if you are an employee or other authorized representative of a company that has opened an ACT Pay  Account. The company’s administrator is responsible for the ACT Pay Account and cards associated with that company. An administrator can: restrict, suspend, or terminate your access to or ability to use the services, access personal information about you, access or retain information stored with us, and restrict your ability to edit, restrict, modify, or delete information associated with your use of our products and services.

6. Your Choices About Your Personal Information

Electronic communications

You may choose not to receive promotional emails from us by following the unsubscribe/opt-out instructions in those emails, but we may still send you non-promotional messages relating to material or transactional information about our products and services such as updates to our platform agreement, privacy notices, security alerts, and other notices relating to your access to or use of our products and services.

Deletion or closure of an ACT Pay Account

Closure or deletion of your company’s ACT Pay Account will mean that you permanently lose access to the personal information and data associated with the ACT Pay Account. Certain personal information or de-identified information associated with your company’s ACT Pay Account may nonetheless remain on systems owned or maintained by ACT Pay where required to comply with the law, our contractual obligations, or carrying out legitimate business functions.
Application rejection

To comply with legal and regulatory obligations, we retain certain personal information associated with rejected applications for ACT Pay Accounts.

California rights

If you are a California resident, you have certain rights over the information that we have about you. You can:

Access a copy of any personal information we have about you

Delete any personal information we have about you when we do not have legal or contractual obligations to keep the information or a need for the information to carry out a legitimate business function

Correct any personal information we have about you either in your settings, by contacting your ACT Pay Account administrator, or by contacting us as provided below

Exercising your choices

To exercise your choices about your personal information, please contact our Customer Experience team at (877) 228-7293 during available support hours. We will need to verify your relationship to the ACT Pay Account (for example, if you’re an administrator of an ACT Pay Account) and verify your identity. Verification will require that you verify your email and phone number and provide a copy of a government issued ID to us. We may take additional steps to verify that you are authorized to make the request. If you are an end user of ACT Pay’s services and not a direct customer of ACT Pay (for example, your company uses ACT Pay and you’re an employee or authorized representative of that company), you should direct requests relating to your personal information to the administrator of your company’s ACT Pay Account. We will not discriminate against you for exercising any of your rights.

Sale of personal information (“Do Not Sell My Personal Information”). We do not sell your personal information.

7. Changes to This Privacy Policy

We may make minor updates to this Privacy Policy, and we encourage you to visit this site from time to time to be aware of and review any updates. We will notify you of material changes, changes that limit any of the rights you have related to the manner in which we process your personal information under this Privacy Policy, or that we are required to disclose by law, via a prominent notice on our website, login screen, your mobile app, or via email at least 30 days prior to the changes taking effect.

8. Contacting Us

If you have concerns, questions, or would just like to better understand our privacy practices at ACT Pay, please send an email to support@actpay.ai or if you prefer to contact us by mail, please write to ACT Pay Inc., Attn: Legal, 170 S. Green Valley Parkway, Suite 300, Henderson, Nevada 89012.

Cards are issued by Sutton Bank, member FDIC, pursuant to a license from Visa U.S.A. Inc.