privacy Policy

Last Updated: April 2023
T.K. Keith Company, Inc. doing business as Thrive Payments (“TKKC”, “we”, “us”, or “our”) is a privately held Massachusetts corporation located at 500 Edgewater Drive, Suite 516, Wakefield, Massachusetts.

Purpose of this Privacy Policy
TKKC has established this privacy policy (“Privacy Policy”) to inform you of the privacy practices relative to the collection of personal information, information security, and privacy standards applicable to all users of our websites, which includes and any applications or gateways that may be utilized by you (“Websites”) and payment processing and merchant services function (“Services”). By visiting our Websites and utilizing our Services, you are accepting the practices described in this Privacy Policy. All information collected by TKKC is used for the purposes of providing the Services, providing support to customers/clients for agreed upon Services, and to improve and expand upon our current catalog of Services. If you are a TKKC customer, the terms of our contractual agreement with you may contain more specific provisions relating to data use and data privacy. If you have received a separate privacy notice or signed a contractual agreement containing more specific data privacy or data use terms, in means that the terms of that notice or agreement will govern our processing of your personal information with respect to the relevant Service. If you have not received a separate notice or signed a contractual agreement containing more specific data privacy or data use terms, it means that our collection and processing of your personal information in connection with the relevant Service will be consistent with this Privacy Policy. The Privacy Policy will notify you of the following:

  1. What personally identifiable information is collected from voluntarily you through the Websites and our Services, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
TKKC is the sole owner of the information collected on TKKC only has access to/collect information that you voluntarily give us via email, the contact submission form, or any other direct contact from you. We may also collect information about you from third parties. For example, we may receive referrals from financial institutions or other partners with which you have a relationship. In addition, when you visit our Websites, we may collect certain information about your location, usage, or device through technology such as cookies (see “Cookie Settings” on the Website banner to adjust your permissions). TKKC will not sell or rent this information to anyone.

In the provision of merchant services, TKKC has access to confidential and proprietary information, which includes but is not limited consumer personal and business information and, in some cases, cardholder data (“Personal Information”). Personal Information includes personal information of a consumer, including but not limited to names, addresses, telephone numbers, account numbers, employment information, credit information, personal data, demographic, financial and transaction information, numbers or copies of government-issued identification such as Social Security Numbers, Tax Identification Numbers, Passport Numbers, state or local identification numbers such as a Driver’s License, and non-public information of a commercial client, including but not limited to financial information, pricing and customer lists, which TKKC and its affiliates may receive from a client, or from sources on the client’s behalf, in the course of and solely for the purposes of TKKC’s provision of Services to the client.

TKKC limits use of Personal Information solely for the purposes of performing contractual Services to its clients and does not disclose Personal Information to third parties, except as directed by a client or to the extent that disclosure of any such information is necessary to facilitate TKKC’s provision of Services.

  1. TKKC may use your information in the following ways:
    To respond to you, regarding the reason you contacted us. TKKC will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order;
  2. To operate, maintain, and improve the Services and features of the Websites, as applicable;
  3. Disclosure to service providers and contractors who help manage, develop, and analyze our business and/or deliver services to us and our clients with respect to the Services;
  4. To report to credit bureaus consistent with a legitimate business purpose associated with the Services;
  5. From time to time we may share information collected from you, including Personal Information, as defined herein, with our agents, representatives, contractors, professional advisors, and service providers so they may assist TKKC with various support services including, but not limited to, marketing and payment processing;
  6. We may also share information collected from you, including Personal Information, with third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) to protect the security or integrity of our Services; and/or (iii) to exercise or protect the rights, property, or personal safety of TKKC, its users, or others;
  7. We may use your e-mail address to send commercial or marketing messages regarding specials, new products, and/or services and you may opt-out of receiving such communications from us at any time by using the unsubscribe link provided on email messages we may send.
  8. We may also use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes, updates to this Privacy Policy, and/or for customer service purposes) or providing customer support. Your email address may also be required to enable some of Services offered on or through our Websites. As always, you may opt-out of receiving these communications from us at any time by using the unsubscribe link provided on email messages we send; however, be advised that you may limit and/or interfere with our ability to relay relevant information to you;
  9. To improve the quality and design of our Websites, improve our Services, create additional features and functionalities, personalize content, diagnose technical problems, track visitors and Website traffic by analyzing user preferences, trends, and activity. For more information, please see the Cookies section below and/or the Cookies Settings banner at the bottom of our Websites;
  10. Any financial information that is collected will be used to process charges associated with your use of the Services;
  11. TKKC may sell or transfer some or all of its business or assets, including Personal Information, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy; however, we cannot many any promise or guarantee;

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. To the extent required by law, we provide you with (i) reasonable access to your personal information collected through our Services, if any, and (ii) the ability to take the following actions at any time by contacting us via the email address or phone number given on our Websites:

  • Change/correct any data TKKC has about you.
  • Have us delete any data TKKC has about you.
  • Express any concern you have about TKKC’s use of your data.

TKKC uses Personal Information to perform certain merchant acquiring services in compliance with applicable law, the privacy rules and regulations of the card networks, and the Payment Card Industry Data Security Standard (PCI DSS). TKKC has adopted and implemented an information security program with appropriate controls and measures, including the establishment and maintenance of policies, procedures and technical, physical and administrative safeguards, designed to restrict access to and otherwise protect the security and confidentiality of Personal Information. TKKC maintains appropriate safeguards to protect against reasonably foreseeable internal and external risks to the security, confidentiality and integrity of Personal Information that could result in the unauthorized access to, disclosure of or misuse, alteration, destruction or other compromise of Personal Information.

When you submit sensitive information to us in the course of visiting our Websites or utilizing the Services, your information is protected both online and offline. Wherever TKKC collects sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While TKKC uses encryption to protect sensitive information transmitted online, TKKC also protects your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers and/or any cloud-based environment in which TKKC store personally identifiable information are kept secure.

Despite our extensive efforts to protect your Personal Information, no method of transmission over the internet, or method of electronic storage is 100% secure or error free, thus, TKKC cannot guarantee its absolute security. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your information, including, without limitation, Personal Information or usage information through the Website or our use of our Services. You play an important role in keeping your information secure. You should not share your username, password, or other security information for your account with anyone. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us as detailed in the ‘Contact Us’ section.

Retention Period
We only store information for as long as is needed to fulfill our contractual or legal obligations or any other permissible purpose for which we have collected it.

Links and Third Parties
The Websites may contain links to other sites. Please be aware that TKKC is not responsible for the content or privacy practices of such other sites. TKKC encourages our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. By engaging with third party websites through our Websites, you consent to our providing your Personal Information to those third parties. Data collected by the third-party websites (even if offered on or through our Website) may not be received by us. As such, we have no responsibility or liability for the independent policies or actions of third parties, and are not responsible for the privacy practices or the content of any such website or services. These linked sites, services and tools are only for your convenience, and you therefore access them at your own risk. The third-party’s terms of service, privacy policy, permissions, notices, and choices should be reviewed regarding their collection, storage, and sharing practices prior to providing any information to or through them.

Cookies and Web Analytics
We may allow third-party service providers to deliver content and advertisements in connection with our Services and to provide anonymous site metrics and other analytics services. These third parties may use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, and links clicked. A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser to make the site more user friendly, enhance your experience, and customize the content, and/or alert your to new items of interest. “Web beacons” are small image files that are loaded when a web page or other online resource is processed by your browser (including when emails are opened). If you click on one of our ads on another party’s website, cookies may also be used to track the effectiveness of our online advertising and for the purposes of delivering ads that may be relevant to you in the future. Our Websites use cookies including cookies that are strictly necessary to enable the features of our site, performance cookies to see how visitors use our site, and functionality cookies that enable the site to “remember” machines or devices, personalize website content and tailor user experience. Additional information about the types of cookies we may use and how to opt out of the sharing of such cookie data is provided in the Cookies Settings banner at the bottom of our Website. This Privacy Policy does not cover the use of cookies, web beacons, or other tracking technologies by any advertisers or third parties.

Our Services are not intended for use by children. We do not solicit or knowingly accept any Personal Information from persons under the age of 18. Please do not visit our Websites or use our Services if you are under the age of 18.
Users Outside the United States

If you are located outside the United States of America, you should be aware that your Personal Information will be transferred to the United States of America, the laws of which may differ from the laws of your country. If you are located in a country outside the United States of America and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage or processing of that information in, the United States of America and you understand that your information may be available to government authorities under lawful orders and laws applicable there. We may store and process your Personal Information in any country where we have facilities (which currently is only in the United States) or in which we engage service providers, and, by using the Services, you consent to the transfer of Personal Information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Choice of Law
The Websites are intended for use in the United States of America and you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the Commonwealth of Massachusetts and the courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction to resolve any such disputes. In the event the choice of law differs from an agreement you may have with us for any Services, the law expressly outlined in any such agreement shall control. You also agree to abide by any limitation on damages contained in any agreement that we may have with you. We attempt to protect the Personal Information of all users of the Websites and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to the TKKC Services, but the Websites are targeted to United States of America citizens and our policies are directed at compliance with those laws. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to TKKC.

Region-Specific Information
We may choose or be required by law to provide different or additional disclosures or rights relating to the processing of Personal Information about residents of certain countries, regions or states. If you believe you are subject to these different or additional disclosures or rights, please contact us via the ‘Contact Us’ section of our Website.

TKKC is not currently subject to the California Consumer Privacy Act (the “CCPA”) or The California Privacy Rights Act (CPRA) as we do not retain or possess the Personal Information of more than 50,000 consumers, households, or devices from the state of California and TKKC does not engage in the sale of consumers’ Personal Information. Notwithstanding the foregoing, we strive to be mindful of the data we collect and utilize for our Services as detailed earlier in this Privacy Policy regardless of the consumer’s region. If you have any specific questions regarding the CCPA or CPRA, how we may utilize of share your Personal Information, or wish to change how we may utilize or share your Personal Information, please contact us via the ‘Contact Us’ section of our Website.

TKKC is not currently subject to the Virginia Consumer Data Protection Act (VCDPA) as we do not control or possess the Personal Information of 100,000 Commonwealth of Virginia consumers as defined by the Act, nor do we engage in the sale of consumers’ Personal Information. Notwithstanding the foregoing, we strive to be mindful of the data we collect and utilize for our Services as detailed earlier in this Privacy Policy regardless of the consumer’s region. If you have any specific questions regarding the VCDPA, how we may utilize or share your Personal Information, or wish to change how we may utilize or share your Personal Information, please contact us via the ‘Contact Us’ section of our Website.

Updates & Contacting Us
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “Last Updated” date located at the top of the document. If you provide personal information to us or access or use our Services after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on this page and will supersede all previous versions of this Privacy Policy.

If you feel that TKKC is not abiding by this Privacy Policy, you should contact us immediately via the ‘Contact Us’ section of our Website or by phone at: 855.794.2602.