Privacy Policy Agreement

This “Privacy Notice” describes the practices of the Fisherman Group entity identified below and its respective subsidiaries and affiliates Fisherman Group and the rights and choices available to individuals, regarding personal data. These Fisherman Group entities are members of the Fiserv group of companies. Personal data means any information that identifies or can reasonably be linked with an identifiable individual.

  • If your country of residence is the UK or an EU Member State then your Fisherman Group entity is Marketplace Merchant Solutions Limited, trading as Fisherman Group ™
  • In any other country in which Fisherman Group operates your Fisherman Group entity is Fisherman Group Network, LLC.

Fisherman Group may provide additional or supplemental privacy notices to individuals at the time we collect their data, which will govern how we may process the information provided at that time. We may alter this Privacy Notice as needed to abide by local laws or regulations around the world, such as by providing supplemental information in certain countries. This Privacy Notice does not apply to Fisherman Group’s processing of the personal data of its personnel, such as employees and contractors.

We provide important information here for individuals located within Member States of the European Union, countries in the European Economic Area, the United Kingdom, and Switzerland.

The personal data we collect

We collect personal data about individuals from various sources described below. Where applicable, we indicate whether and why individuals must provide us with personal data, as well as the consequences of failing to do so.

Information that we collect when a merchant’s customer interacts with a Fisherman Group or other Fisherman Group payment method

  • Information that we collect when individuals make a payment

When you make a payment at a merchant using a Fisherman Group Point of Sale system (“Fisherman Group ”), the Fisherman Group Payment Gateway, the Fisherman Group App, the Fisherman Group Go App, or any other related payment method that Fisherman Group makes available, we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, electronic signature, name and location of the merchant at which the transaction occurred, date and time of the transaction, transaction amount, and information about the goods or services purchased in the transaction.

  • Additional information merchants’ customers may provide through the Fisherman Group

We may collect additional information, depending on how a merchant configures its Fisherman Group . This information may include:

  • Your email address or phone number, for example, if you choose to receive an electronic receipt or opt-in to receive marketing communications
  • Your marketing preferences, such as whether you wish to receive marketing communications or newsletters
  • Information about your participation in a merchant’s loyalty program, if offered and if you choose to participate
  • Other information you choose to enter into the Fisherman Group , such as your birthdate, interests or preferences, reviews, and feedback.

How we use your personal data

We use your personal data for the purposes of:

  • Providing our products and services, which includes

Operating, evaluating, maintaining, improving, and providing the features and functionality of our products and services Fulfilling a payment or return transaction initiated by you Delivering electronic receipts to consumers who request them via email or text message Managing our relationship with you or your company Carrying out our obligations, and exercising our rights, under our agreement with you or your company

  • For research and development

We use the information we collect for our own research and development purposes, which include:

Developing or improving our products and services Developing and creating analytics and related reporting, such as regarding industry and fraud trends.

  • Marketing

We may use your personal data to form a view on what products or services we think you may want or need, or what may be of interest to you.

We may present opportunities when you use a Fisherman Group POS to provide your personal data to Fisherman Group and merchants to facilitate marketing communications between you and the merchant, and we will send such marketing communication if you agree to receive them.

We may contact merchants and merchant’s personnel with marketing communications using the personal data that the merchant provided to us if the merchant actively expresses interest in making a purchase of Fisherman Group products or services or have made a purchase from us and, in any case, have not opted out of receiving that marketing, to the extent permitted by applicable law.

The parties with whom we share your personal data

  • Companies within the Fisherman group

We may disclose your personal data to our subsidiaries and corporate affiliates – including those in the Fisherman group of companies – for purposes consistent with this Privacy Notice.

  • Service providers

We employ third party companies and individuals to administer and provide services on our behalf (such as companies that provide customer support, companies that we engage to host, manage, maintain, and develop our website, mobile applications, and IT systems, companies that help us process payments, companies that assist with food delivery on behalf of our Merchants, and companies that help us analyze your usage of our services for product improvement purposes).

These third parties may use your information only as directed by Fisherman Group in a manner consistent with this Privacy Notice and are prohibited from using or disclosing your information for any other purpose.

  • Merchants and Applications that run on the Fisherman Group POS Used by Merchants

When Fisherman Group performs services for merchants, it may share personal data with those merchants. For example, Fisherman Group may collect information about a merchant’s customers from or on behalf of the merchant, such as when Fisherman Group processes payment transactions, and Fisherman Group may provide personal data about those customers back to the merchant.

Third-party applications that a merchant has installed on a Fisherman Group POS may be capable of providing instructions to Fisherman Group to engage in a transfer of personal data, similar to how a merchant could provide such directions. For example, an application may direct Fisherman Group to export data or reports to a third-party cloud storage system.

Merchants are responsible for their use of third-party applications, the directions that the application provides to Fisherman Group, and Fisherman Group’s reliance on those directions. Fisherman Group is not responsible for the privacy policy or practices of any third-party application.

Your rights and choices

In this section, we describe the rights and choices available to all users. Users subject to additional jurisdiction-specific disclosures may read additional information about their rights below.

  • Marketing communications

You can ask us to stop sending you marketing messages at any time by contacting us or clicking on the opt-out link included in each marketing message. You may continue to receive service-related and other non-marketing messages. You may unsubscribe from a specific merchants’ communications sent to you via Fisherman Group’s technology by clicking “Unfollow” (or a similarly-titled opt-out link).

  • Targeted online advertising

Some of the business partners that collect information about users’ activities on our websites or in our mobile applications may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

  • Choosing not to provide your personal data

Where we request personal data directly from you, you do not have to provide it to us.

If you decide not to provide the requested information, in some circumstances we, or merchants who use Fisherman Group, may be unable to provide products or services to you. For example, we may be unable to process your transaction.

International transfers

Fisherman Group is headquartered in the United States, and it maintains offices and has service providers in other countries, such as the countries listed here.

Your personal data may be transferred to the United States or other locations outside of your state, province, country or other governmental jurisdiction where we or our service providers maintain offices and where privacy laws may not be as protective as those in your jurisdiction.

If we make such a transfer, we will require that the recipients of your personal data provide data security and protection in accordance with applicable law.

European users should read the important information provided here about transfer of personal data outside of Europe.

How we keep your data safe

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We maintain annual compliance with global Payment Card Industry Data Security Standard (PCI DSS) adopted by the payment card brands for all companies that process, store or transmit cardholder data.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data

We will use your personal data for as long as necessary based on why we collected it and what we use it for. This may include our need to satisfy a legal, regulatory, accounting, or reporting requirement.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In general terms, we will retain your personal data for as long as is necessary for the purposes identified in this Privacy Notice, including to provide our Services, to comply with legal obligations, to enforce and prevent violations of our Terms, to protect against fraudulent activity, and to defend our legal rights, property and users.