Privacy Policy

We value the trust you place in Fairwaypay, LLC (“Fairwaypay”) and we are committed to respecting your privacy and the security of your personal information.  This Privacy Policy explains how we collect, use, disclose, and protect Your information when You use Our Website and tells You about Your privacy rights under the law and our Company policies.  We use Your Personal data to provide you with a great customer experience and to improve the Website and our Company. By using the Website, You agree to the collection and use of information in accordance with this Privacy Policy. 

INTERPRETATION AND DEFINITIONS

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.  For the purposes of this Privacy Policy:

  • Account means a unique account created for You to make purchases on our Website or parts of our Website or to sign up for e-mails or contests on our Website.
  • Business, for the purpose of the California Consumer Privacy Act (“CCPA”), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Fairwaypay, LLC 111 S. Walnut Street, Fenton, MI 48430.
  • Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Device means any device that can access the Website such as a computer, a smartphone, or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Website, to provide the Website on behalf of the Company, to perform services related to the Website or to assist the Company in analyzing how the Website is used.
  • You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

COLLECTING AND USING YOUR PERSONAL DATA

Types of Data Collected

Personal Data

While using Our Website, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. 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
  • Social Security Number or Federal ID Number
  • Bank Account Information

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Website. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. 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 parts of our Website or may not get the benefit of certain convenience features of our Website. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Website may use Cookies.
  • Web Beacons. Certain sections of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You go offline or close the web browser.

USE OF YOUR PERSONAL DATA

The Company may use Personal Data for the following purposes:

To provide and maintain our Website, including to monitor the usage of our Website.

  • To manage Your Account: to manage Your registration as a user of the Website. The Personal Data You provide can give You access to different functionalities of the Website that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Website.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other 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.
  • To manage Your requests: To attend and manage Your requests to Us.
  • To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Website users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Website, to advertise on third party websites to You after You visited our Website, for payment processing, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With business partners: We do not share your personal data, including postal or email addresses, with anyone for their marketing purposes.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Your Choices about Communication from Fairwaypay

If you prefer not to receive catalogs or email newsletters from us, please call us at 833.321.7929, email us, or write to Fairwaypay, LLC, 111 S. Walnut Street, Fenton, MI 48430. You can also unsubscribe from our email newsletters by using the link at the bottom of each email.

Please be sure to provide us your exact name, address and/or email address, as well as your customer account number if available, so that we can be sure to identify you correctly. 

Communicating with You

We may contact you directly or through a third party service provider as necessary to process your order, respond to a request, provide customer service or other business purposes. We may use email, telephone calls, SMS text messages, automated phone calls, postal mail or other methods, depending on what contact information you have provided us and the nature of the communication. For example, in most cases after you place an order you will receive an email confirmation and an email with package tracking information.

We may also send promotional email about products, special offers, services or events that we believe may be of interest to you. If no longer wish to receive promotional emails, you unsubscribe by using the link at the bottom of each email, by logging into your account, by calling us at 833.321.7929 or through this link.

We also send user site and service announcement updates. If you have created an account, you are not able to unsubscribe from service announcements, which contain important information about the service.

Correcting and Updating Personal Information

To update your information (name, address, telephone number, email address and credit card information), please call us at 833.321.7929, visit My Account on our web site or write to Fairwaypay, LLC, 111 S. Walnut Street, Fenton, MI 48430. Email is not a secure form of communication. Please do not send us your credit card number or other personal information via email.

Children’s Privacy on Our Web Site

Our web site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If we become aware that we have information about a child under 13, we will make every reasonable effort to remove it. Additionally, in order to create an account or make a purchase on our site or through any other channel that we may offer, you must be 18 years old or over, or able to enter into a binding legal contract.

Retention of Your Personal Data

The Company 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.

The Company 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 Website, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

DISCLOSURE OF YOUR PERSONAL DATA

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company 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).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Website
  • Protect the personal safety of Users of the Website or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal 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.

Your Rights under the CCPA

  • The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
  • The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of Your personal information. Once We receive and confirm Your request, We will disclose to You: 
  • The categories of personal information We collected about You
  • The categories of sources for the personal information We collected about You
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom We share that personal information
  • The specific pieces of personal information We collected about You
  • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You: 
  • The categories of personal information categories sold
  • The categories of personal information categories disclosed
  • The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
  • The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to: 
  • Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by: 
  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

  • Calling us at 833.321.7929
  • E-mailing support@fairwaypay.com 
  • By mail: 111 S. Walnut Street, Fenton, MI 48430

 

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative.  Requests made by signing into your Account and clicking “Privacy Request Form” on your Account page will be considered verified in most cases.
  • Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
  • We cannot respond to Your request or provide You with the required information if we cannot:
  • Verify Your identity or authority to make the request
  • And confirm that the personal information relates to You
  • We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
  • Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
  • For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

Links to Other Websites

Our Website may contain links to other websites that are not operated by Us. If You click on 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.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. 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

If you have any questions about this Privacy Policy, You can contact us:

  • By email: support@fairwaypay.com 
  • By phone number: 833.321.7929
  • By mail: 111 S. Walnut Street, Fenton, MI 48430