Legal

Terms of Use

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use and Ownership. All pages and information within this Web site and any material made available for download (collectively the “Site”) are the property of Apriva, LLC (“Apriva”) and/or its subsidiaries, affiliates, vendors, and licensors.  Apriva grants you a nonexclusive, non-transferable license to use the Site solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use.  As a condition of your use of this Site, you warrant to Apriva that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.  If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Apriva, except that you may download content from the Site to any single computer for your personal (except with regard to your use of inherent functionality provided through the Site) use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements.  For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.

All trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of Apriva or their respective owners.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Apriva and/or its vendors and licensors.

2. Copies of These Terms and Conditions; Updates. You should print a copy of these Terms and Conditions using the print button or feature in your browser.  We suggest retaining a copy for your future reference.  You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions.  It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions.  You may use your browser to print copies of any updated Terms and Conditions.

3. Your License to Us; Content.  Any communications, content, video, or other material of any kind that you e-mail, post, upload, store, or transmit through the Site, including questions, comments, suggestions, and other data and information (your “Content”) will be treated as non-confidential and non-proprietary. You grant Apriva a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use and exploit your Content on the Site or elsewhere for our business purposes in all media now known or later developed.  We are free to use any ideas, concepts, techniques, know-how in your Content for any purpose, including, but not limited to, the development and use of products and services based on the Content.

4. Your Obligations.  You represent and warrant that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above.  You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule.  Apriva may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, chat rooms, discussion areas, bulletin boards, and other user forums.  Apriva, however, will have no liability related to the Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise.  Apriva retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

5. Your Indemnity.  At Apriva’s option and request, you will, at your own expense, indemnify, defend, and hold Apriva and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) based on your actual or alleged breach of these Terms and Conditions, (b) based on your violation of any applicable law or regulation of any jurisdiction, or (c) arising out of your Content.  You may not enter into a settlement or stipulated judgment of the foregoing without Apriva’s prior written consent.

6. Infringement Notices.  As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:

     Ashley White

     7600 N. 16th Street, Suite 230

     Phoenix, Arizona 85020

     Phone: 480-438-8310

     awhite@apriva.com

If you believe Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

a.  A physical or electronic signature of the copyright owner or authorized agent;

b.  Identification of the copyrighted work(s) claimed to have been infringed;

c.  Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d.  Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);

e.  A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.  A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Privacy.  Please review Apriva’s Privacy Policy located at [insert Privacy URL/Link], for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

8. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APRIVA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

9. Limitation of Liability.  APRIVA AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Accuracy and Integrity of Information. Although Apriva attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform Apriva so that it can be corrected.  Information contained on the Site may be changed or updated without notice.

11. Links or Pointers to Other Sites. Apriva makes no representations whatsoever about any other Web site that you may access through this Site.  When you access a non-Apriva site, please understand that it is independent from Apriva, and that Apriva has no control over the content on that Web site.  In addition, a hyperlink to a non-Apriva Web site does not mean that Apriva endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

12. Export, Import and Other Regulations.  You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that you will not export or import any Site content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.

13. Choice of Law; Venue. These Terms and Conditions are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules.  Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in the courts of competent jurisdiction located in Phoenix, Arizona.  In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

14. Entire Agreement. Except as provided below, these Terms and Conditions constitute the entire agreement between Apriva and you pertaining to the subject matter hereof.  In its sole discretion, Apriva may from time-to-time revise these Terms and Conditions by updating this posting.  You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Apriva Privacy Policy

Introduction

Scope.  This privacy policy applies only to information we collect at and through our web site located at www.Apriva.com, and via the AprivaPay™ and AprivaPay™ Plus mobile payment acceptance applications.  Our web site may contain links to other sites that are not owned or controlled by Apriva.  Please be aware that we are not responsible for the privacy practices of such other sites.  We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information.

No information from children under age 13.  If you are under age 13, please do not attempt to register at any Apriva site or provide any personal information about yourself to us.  If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that we might have any information from a child under age 13, please contact us at www.apriva.com or 1-877-277-0728.

Terms of Use.  Please note that your use of our site is also subject to our Terms of Use.  Your use of the AprivaPay or AprivaPay Plus application is subject to the “Terms and Conditions” presented to you, and to which you agreed, at the time you obtained the application.

Information We Collect Via Our Web Sites


Information You Provide Us
You can provide information to us on our web site through various means, including registration, feedback, contact us, and request for information forms, or newsletter sign-up.

If you would like to request information from Apriva about our products and services, you can provide your name, mailing address, email address and phone number.  We use this information to respond to your inquiry.

If you are an authorized Apriva reseller, we collect name, mailing address, email address and phone number.  You can also create a user name and password.  This information is used in connection with the Apriva BackOffice™, a web-based application that allows authorized resellers to board, service, and manage customers and terminals (i.e., board merchant account profiles, provide level one support, view reports, etc.).  It is also used to develop user profiles for authorized resellers to drive their preferences for drop down menus when accessing BackOffice.

Individuals interested in employment with Apriva should submit the following information for consideration to www.apriva.com/careers Email; Personal Information (first and last name, phone(s), mailing address); Source; Additional Information (work authorization, education level); Employment History (company, title, duration of employment, salary, etc.); Education; Certificates/Licenses; and Resume (cover letter and attachments).  If considered for employment, other information may be required, including, but not limited to, social security number and references.  This information may be collected by our agent or service provider, who then shares the information with us.

Information We Collect from You Automatically

We collect certain information automatically as you use our site, including your IP address, browser type, the site from where you navigated to our site, time and date of using the site, your computer operating system, the name of your ISP and the pages on our site that you view.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.  We use cookies on this site.  We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use both session ID cookies and persistent cookies.  We use session cookies to make it easier for you to navigate our site.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We set a persistent cookie to track and target the interests of our users to enhance the experience on our site.  If you reject cookies, you may still use our site.

How We Use Your Information

As described above, we collect information from you so that we can provide to you the information, products and services you have selected.  In particular, you can submit online email requests to us asking for information about various Apriva products and services.

We use information submitted by our authorized resellers to permit them to manage their customers.  Through Apriva BackOffice, resellers can add, modify or delete customers, terminals and applications.  See backoffice.apriva.com for more information on the functionality provided by Apriva BackOffice.

How We Share Your Information

Providing Information, Products and Services.  We may share your information with our third party service providers and agents in order to provide you with the Apriva information, products or services you request from us.

Legal Requests or Requirements.  We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site.

Transfer in the Event of Sale or Change of Control.  If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate.  In such a case, your information would remain subject to the promises made in any pre-existing privacy policy.

Security of Your Information

In order to help secure your personal information, access to your data on our site is password-protected, and sensitive data (such as social security number) is protected by SSL encryption when it is exchanged between your web browser and our web site.  To protect any data you store on our servers, we also regularly audit our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center.  However, since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us.  There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  It is your responsibility to protect the security of your login information.  Please note that emails you send to us through our site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

Changes to Our Privacy Policy

If we decide to change our privacy policy, we will post those changes to the privacy policy on our homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.  We reserve the right to modify this privacy policy at any time, so please review it frequently.  The revisions will apply to information collected after the date it is posted on our home page.

Intellectual Property Notices

Copyright © 2013 by Apriva
All rights reserved

All content included on this website, including text, graphics, logos, icons, images, and software is the property of Apriva, protected by United States and international intellectual property laws. Apriva reserves the right to revise the pages of the web site or withdraw access to them at any time.

Apriva®, the Apriva logo, Sensa® and Proving the Possibilities® are registered trademarks of Apriva.

AprivaTalk™, AprivaNet™, AprivaPay™, AprivaPay™ Plus, Apriva BackOffice™, Apriva SecurePOS™, Apriva Vend™,  Apriva Online Terminal™, Apriva Payment Engine™, AprivaLife™, AprivaLife™ Apriva Security™, AprivaMail™, Apriva Gateway™, Apriva Reader™, Apriva Guard™, Apriva Vault™, Apriva CSPWare™, Apriva Voice™ and Security Mobility Connectivity™ are trademarks of Apriva.  All other company, brand or product names appearing on this site are the trademarks of their respective owners.

Questions / Contact Us

If you have any questions or suggestions regarding our privacy policy or otherwise need to reach us, contact us at www.apriva.com or 1-877-277-0728.  You may also contact us by mail at 8501 North Scottsdale Road, Suite 110, Scottsdale, AZ 85253.

Security

SUPPORT

Call us at 866-277-4828 for assistance

Apriva uses strong controls to protect sensitive information that is exchanged with our site. Apriva information systems are operated by Apriva in a highly secure environment that maintains strict controls to prevent unauthorized access to the information and information services we provide. These controls include restricted physical access to all Apriva facilities, network firewalls, and logical access controls to prevent unauthorized access to Apriva-provided information and services.

Apriva’s Payment Gateway Applications and Services

Username and Password

Apriva assigns and uses usernames and passwords as a key control in assuring that each customer’s information is available only to the respective, authorized customer. Apriva provides its customer with a unique username and password that must be entered each time the user logs on to the Apriva system. These passwords must meet minimum requirements for length and complexity, and must be changed at least every ninety (90) days.

It is important that you regard your Apriva password as a secret and that you protect it from disclosure or compromise.

  • Do not share your Apriva username and password with others.
  • Do not allow others to observe your entry of your username and password when you log on to Apriva products or services.
  • Immediately notify your merchant services provider, or contact Apriva directly, in the event you suspect that your username and password have been compromised.

Cookies

Apriva issues “cookies” only to record encrypted authentication information for the duration of a specific session. The session “cookie” does not include either the username or password of the user. Apriva does not use “cookies” to store other confidential user and session information.

Recommended Security Practices for AprivaPay 

The Apriva Security Team suggests the following good security practices for the safety and protection of your business, Smartphone and merchant account:

  1. Please be sure to keep your Smartphone or mobile device in your possession at all times.
  2. Read and follow your manufacturer’s user guide instructions for the secure use of the device, including:
    • Use the device security features to require the entry of a unique PIN/password to “unlock” the device.
    • Do not modify the software of your Smartphone or mobile device via “Jailbreak” or similar applications for use with non-traditional wireless networks or unassigned application.
    • Do not attempt or allow modifications to the device or its software that is intended or is known to override the manufacturer-supported security features and operational capabilities.
  3. Do not use a device that has been modified to override the manufacturer-supported features and operational capabilities of the Smartphone.
  4. Specify a strong PIN to access AprivaPay – a minimum of four digits is required, but a longer PIN is more secure. Avoid repeating or predictable sequences i.e., “1111”, “1234”).
  5. Proceed with caution with any message containing links to Web sites.
  6. Be alert for email-delivered “Phishing Attacks” and fraudulent provisioning messages:
    • Phishing attacks are maliciously designed e-mail or text messages that attempt to obtain sensitive information from you directly (i.e., usernames, passwords, credit card numbers) or to compromise the security of your Smartphone or mobile device.
    • Fraudulent provisioning messages – You may receive an email from Apriva to obtain your initial “download” of the AprivaPay application.  The application download will always be delivered through the Apple App Store or Google Play. However, you should be suspicious of any subsequent message (SMS or email) that encourages you to follow a link for any software updates for your AprivaPay application.
    • Note: You will never receive an e-mail or text message with a link to follow to download a new version of AprivaPay.
  7. Be alert for updates to your Apriva application and be sure to upgrade in a timely manner. If there is a newer version of AprivaPay available for your phone, the Apple App Store or Google Play will notify you of available updates. You can download and install the update at your convenience.
  8. Exit the AprivaPay application when not being used.  Apriva recommends that you always exit the AprivaPay application when you are finished using it. The application will time out in 10 or 15 minutes, but you can help ensure secure operation by exiting AprivaPay when you are done with it.

Apriva Security Reporting Policy

The security of our customers’ data is our highest priority. Apriva subscribes to a policy that encourages the responsible reporting of security-related concerns and suspected vulnerabilities. We appreciate and encourage the responsible reporting of any concerns and suspected vulnerabilities identified in any Apriva product or service.

For all reported conditions that are of a security-related nature, including suspected vulnerabilities in any Apriva product or service:

  • Apriva acknowledges the report and will respond in a timely manner.
  • Apriva provides an estimated time for resolving the vulnerability.
  • Apriva notifies the reporting party when the respective corrective fix is released, or the vulnerability has otherwise been addressed.

Apriva is committed to working with the security community to respond to reported vulnerabilities, and it is Apriva’s policy not to initiate legal action against any vulnerability reporting person or entity provided that:

  • Any person or entity intending to scan, probe, exercise, or access any Apriva system or network component shall request and obtain written permission from Apriva prior to commencing any such activity.
  • No attempt shall be made by any person or entity to disclose or compromise any information residing within or transported through Apriva system or network component, or to knowingly attempt to exercise or to exploit a vulnerability condition that may be present within Apriva systems and networks.
  • Full details of the suspected vulnerability are privately shared with Apriva by contacting the Apriva Product Security Office at the number below.

Apriva does not permit any persons or entities to engage in any activities which:

  • Cause, or are designed to cause, the failure, interruption, or degraded performance of any Apriva information services;
  • Attempts to gain unauthorized access to information contained within any Apriva product, service, or information system; and/or
  • Attempts to perform unauthorized changes to, or the destruction of, any information contained within any Apriva product, service, or information system.

No Compensation

Apriva does not provide financial compensation for reporting suspected vulnerabilities. Apriva will reject any request for compensation related to the reporting of vulnerabilities.

Reporting of Security-Related Concerns or Suspected Vulnerabilities

To report a security-related concern or a suspected vulnerability in any Apriva product or service:  Call the Apriva Support Desk at 1-866-277-4828 and ask to be connected to the Apriva Security Team.