Effective Date: 10/04/2022
Applicable To The Following Website:
Article 1 – DEFINITIONS:
Website listed above, which shall hereinafter be referred to as “Website.” Any listed
Website may also refer to a corresponding mobile application, should one be currently in
use or hereinafter developed.
force and effect.
Garza dba NEXPAY (“Data Controller”) and you, as the user of this Website.
Hereinafter, the parties will individually be referred to as “Party” and collectively as
d) DATA CONTROLLER: Data Controller is the publisher, owner, and operator of the
Website and is the Party responsible for the collection of information described herein.
Data Controller shall be referred to either by Data Controller’s name or “Data Controller,”
as listed above. If Data Controller or Data Controller’s property shall be referred to
through first-person pronouns, it shall be through the use of the following: us, we, our,
you will be referred to herein as either you, the user, or if any second-person pronouns
are required and applicable, such pronouns as ‘your”, “yours”, etc.
f) SERVICES: “Services” means any services that we make available for sale on the
g) PERSONAL DATA: “Personal DATA” means personal data and information that we
obtain from you in connection with your use of the Website that is capable of identifying
you in any manner.
Article 2 – GENERAL INFORMATION:
Personal Data that we receive about you, as well as your rights in relation to that
Personal Data, when you visit our Website or use our Services.
through sources other than the use of our Website. The Website may link out to other
of those linked websites or applications.
We are committed to the protection of your privacy while you use our Website.
By continuing to use our Website, you acknowledge that you have had the chance to
means that you also consent to the use of your information and the method of disclosure
agree to it, then you agree to immediately cease your use of our Website.
Article 3 -CONTACT:
The Party responsible for the processing of your personal data is as follows: Loel Garza
dba NEXPAY. The Data Controller may be contacted as follows:
Loel O. Garza
P. O. Box 4135
McAllen, Texas 78502
The Data Controller and operator of the Website are one and the same.
Article 4 – LOCATION:
Please be advised the data processing activities take place in the United States, outside
the European Economic Area. Data may also be transferred to companies within the
United States, but will only be done so in a manner that complies with the EU’s General
Data Protection Regulation or GDPR. The location where the data processing activities
take place is as follows:
McAllen, Texas United States
Article 5 – MODIFICATIONS AND REVISIONS:
time and in any manner. If we do so, however, we will notify you and obtain your consent
to the change in processing. Unless we specifically obtain your consent, any changes to
change. It is also your responsibility to periodically check this page for any such
modification, revision or amendment.
Article 6 – THE PERSONAL DATA WE RECEIVE FROM YOU:
Depending on how you use our Website, you will be subject to different types of
Personal Data collected and different manners of collection:
a) Unregistered users: If you are a passive user of the Website and do not register
for any purchases or other service, you may still be subject to certain passive data
collection (“Passive Data Collection”). Such Passive Data Collection may include
through cookies, as described below, IP address information, location information,
and certain browser data, such as history and/or session information.
b) All users: The Passive Data Collection that applies to Unregistered users shall
also apply to all other users and/or visitors of our Website.
c) Sales & Billing Information: In order to purchase any of the services on the
Website, you will be asked to provide certain credit information, billing address
information, and possibly additional specific information so that you may be properly
charged for your purchases. This payment and billing information will not be stored
and will be used exclusively to assist with your one-time purchase.
d) Related Entities: We may share your Personal Data, including Personal Data
that identifies you personally, with any of our parent companies, subsidiary
companies, affiliates or other trusted related entities.
However, we only share your Personal Data with a trusted related entity if that entity
Personal Data in the same manner that we do.
e) Email Marketing: You may be asked to provide certain Personal Data, such as
your name and email address, for the purpose of receiving email marketing
communications. This information will only be obtained through your voluntary
disclosure and you will be asked to affirmatively opt-in to email marketing
f) User Experience: From time to time we may request information from you to
assist us in improving our Website, and the Services we sell, such as demographic
information or your particular preferences.
g) Content Interaction: Our Website may allow you to comment on the content that
we provide or the content that other users provide, such as blogs, multimedia, or
forum posts. If so, we may collect some Personal Data from you at that time, such
as, but not limited to, username or email address.
h) Combined or Aggregated Information: We may combine or aggregate some of
your Personal Data in order to better serve you and to better enhance and update
our Website for your and other consumers’ use.
Article 7 – THE PERSONAL DATA WE RECEIVE AUTOMATICALLY:
Cookies: We may collect information from you through automatic tracking systems
(such as information about your browsing preferences) as well as through information
that you volunteer to us (such as information that you provide during a registration
process or at other times while using the Website, as described above).
intuitive: cookies are small strings of text used to store some information that may
concern the user, his or her preferences or the device they are using to access the
internet (such as a computer, tablet, or mobile phone). Cookies are mainly used to adapt
the operation of the site to your expectations, offering a more personalized browsing
experience and memorizing the choices you made previously.
A cookie consists of a reduced set of data transferred to your browser from a web server
and it can only be read by the server that made the transfer. This is not executable code
and does not transmit viruses.
Cookies do not record or store any Personal Data. If you want, you can prevent the use
of cookies, but then you may not be able to use our Website as we intend. To proceed
without changing the options related to cookies, simply continue to use our Website.
Technical cookies: Technical cookies, which can also sometimes be called HTML
cookies, are used for navigation and to facilitate your access to and use of the site.
They are necessary for the transmission of communications on the network or to
supply services requested by you. The use of technical cookies allows the safe and
efficient use of the site.
You can manage or request the general deactivation or cancelation of cookies
through your browser. If you do this though, please be advised this action might
slow down or prevent access to some parts of the site.
Cookies may also be retransmitted by an analytics or statistics provider to collect
aggregated information on the number of users and how they visit the Website.
These are also considered technical cookies when they operate as described.
Temporary session cookies are deleted automatically at the end of the browsing
session – these are mostly used to identify you and ensure that you don’t have to log
in each time – whereas permanent cookies remain active longer than just one
Third-party cookies: We may also utilize third-party cookies, which are cookies
sent by a third-party to your computer. Permanent cookies are often third-party
cookies. The majority of third-party cookies consist of tracking cookies used to
identify online behavior, understand interests and then customize advertising for
Third-party analytical cookies may also be installed. They are sent from the domains
of the aforementioned third parties external to the site. Third-party analytical cookies
are used to detect information on user behavior on our Website. This place
anonymously, in order to monitor the performance and improve the usability of the
site. Third-party profiling cookies are used to create profiles relating to users, in
order to propose advertising in line with the choices expressed by the users
Profiling cookies: We may also use profiling cookies, which are those that create
profiles related to the user and are used in order to send advertising to the user’s
When these types of cookies are used, we will receive your explicit consent.
Support in configuring your browser: You can manage cookies through the
settings of your browser on your device. However, deleting cookies from your
browser may remove the preferences you have set for this Website.
For further information and support, you can also visit the specific help page of the
web browser you are using:
– Internet Explorer:
– Safari: http://www.apple.com/legal/privacy/
– Chrome: https://support.google.com/accounts/answer/61416?hl=en
– Opera: http://www.opera.com/help/tutorials/security/cookies/
Log Data: Like all websites and mobile applications, this Website also makes use of
log files that store automatic information collected during user visits. The different
types of log data could be as follows:
– internet protocol (IP) address;
– type of browser and device parameters used to connect to the Website;
– name of the Internet Service Provider (ISP);
– date and time of visit;
– web page of origin of the user (referral) and exit;
– possibly the number of clicks.
The aforementioned information is processed in an automated form and collected in an
exclusively aggregated manner in order to verify the correct functioning of the site, and
for security reasons. This information will be processed according to the legitimate
interests of the Data Controller.
For security purposes (spam filters, firewalls, virus detection), the automatically recorded
data may also possibly include Personal Data such as IP address, which could be used,
in accordance with applicable laws, in order to block attempts at damage to the Website
or damage to other users, or in the case of harmful activities or crime. Such data are
never used for the identification or profiling of the user, but only for the protection of the
Website and our users. Such information will be treated according to the legitimate
interests of the Data Controller.
Article 8 – THIRD PARTIES:
We may utilize third-party service providers (“Third-Party Service Providers”), from time
to time or all the time, to help us with our Website, and to help serve you.
We may use Third-Party Service Providers to assist with information storage (such
as cloud storage).
We may provide some of your Personal Data to Third-Party Service Providers in
order to help us track usage data, such as referral websites, dates and times of
page requests, etc. We use this information to understand patterns of usage of, and
to improve, the Website.
We may use Third-Party Service Providers to host the Website. In this instance, the
Third-Party Service Provider will have access to your Personal Data.
We may use Third-Party Service Providers to fulfill orders in relation to the Website.
We may allow third parties to advertise on the Website. These third parties may use
cookies in connection with their advertisements (see the “Cookies” clause in this
We only share your Personal Data with a Third-Party Service Provider if that
Your Personal Data will not be sold or otherwise transferred to other third parties
without your approval.
Personal Data to a third party or to third parties in order to protect the rights,
property or safety, of us, our customers or third parties, or as otherwise required by
We will not knowingly share your Personal Data with any third parties other than in
If your Personal Data might be provided to a third party in a manner that is other
opportunity to request that we not share that information.
In general, you may request that we do not share your Personal Data with third
parties. Please contact us via email, if so. Please be advised that you may lose
access to certain services that we rely on third-party providers for.
Article 9 – SOCIAL NETWORK PLUGINS:
This Website incorporates plugins and/or buttons for social networks, in order to allow
easy sharing of content on your favorite social networks. These plugins are programmed
so as not to set any cookies when accessing the page, to safeguard the privacy of
users. Cookies may be set, however, if you make voluntary use of the plugin. Please
note that if you browse while being logged into the social network, then you have already
registered with the particular social network.
The collection and use of information obtained by means of the plugin are governed
by the respective privacy policies of the social networks, which can be found below:
Article 10 – HOW PERSONAL DATA IS STORED:
We use secure physical and digital systems to store your Personal Data when
appropriate. We ensure that your Personal Data is protected against unauthorized
access, disclosure, or destruction.
Please note, however, that no system involving the transmission of information via the
internet, or the electronic storage of data, is completely secure. However, we take the
protection and storage of your Personal Data very seriously. We take all reasonable
steps to protect your Personal Data.
Personal Data is stored throughout your relationship with us. We delete your Personal
Data upon request for cancelation of your account or other general request for the
deletion of data.
In the event of a breach of your Personal Data, you will be notified in a reasonable time
frame, but in no event later than two weeks, and we will follow all applicable laws
regarding such breach.
Article 11 – PURPOSES OF PROCESSING OF PERSONAL DATA:
We primarily use your Personal Data to help us provide a better experience for you on
our Website and to provide you the services and/or information you may have
requested, such as use of our Website.
Information that does not identify you personally, but that may assist in providing us
broad overviews of our customer base, will be used for market research or marketing
efforts. Such information may include, but is not limited to, interests based on your
Personal Data that may be considering identifying may be used for the following:
a) Improving your personal user experience
b) Marketing and advertising to you, including via email
c) Fulfilling your purchases
d) Providing customer service to you
e) Advising you about updates to the Website or related Items
Article 12 – DISCLOSURE OF PERSONAL DATA:
Although our policy is to maintain the privacy of your Personal Data as described herein,
we may disclose your Personal Data if we believe that it is reasonable to do so in certain
cases, in our sole and exclusive discretion. Such cases may include, but are not limited
a) To satisfy any local, state, or Federal laws or regulations
b) To respond to requests, such discovery, criminal, civil, or administrative process,
subpoenas, court orders, or writs from law enforcement or other governmental or
c) To bring legal action against a user who has violated the law or violated the terms
of use of our Website
d) As may be necessary for the operation of our Website
e) To generally cooperate with any lawful investigation about our users
f) If we suspect any fraudulent activity on our Website or if we have noticed any
activity which may violate our terms or other applicable rules
Article 13 – CHILD ACCESS:
We may collect information from children, as well as allow and encourage children to
visit our Website.
The information we collect from children is as follows:
Dependents Name, Date of Birth and gender
We do not allow children to make their Personal Data publicly available.
Information collected from children in accordance with this clause is collected to help us
enhance all user experiences and to improve our Website.
It is also collected for the specific purpose of the following:
Used to complete Federal forms such as ACA (Affordable Care Act)
We do not require children to disclose any further information than is reasonably
necessary to interact with our Website.
Parents or guardians of minor children may review the Personal Data of their child and
have it deleted at their request. They may also agree to collection and use of
information, without consenting to disclosure to any other party. They may also refuse to
permit any further collection or use of such information by sending us an email at
Otherwise, information collected from children in accordance with this clause is
collected, used and if applicable, disclosed, in accordance with the general provisions of
Article 14 – OPTING OUT OF TRANSMITTALS FROM US:
From time to time, we may send you informational or marketing communications related
to our Website such as announcements or other information. If you wish to opt-out of
such communications, you may contact the following email: email@example.com. You
may also click the opt-out link which will be provided at the bottom of any and all such
Please be advised that even though you may opt-out of such communications, you may
still receive information from us that is specifically about your use of our Website or
about your account with us.
By providing any Personal Data to us, or by using our Website in any manner, you have
created a commercial relationship with us. As such, you agree that any email sent from
us or third-party affiliates, even unsolicited email, shall specifically not be considered
SPAM, as that term is legally defined.
Article 15 – MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:
If you wish to modify or delete any information we may have about you, or you wish to
simply access any information we have about you, you may reach out to us at the
following email address: firstname.lastname@example.org.
Article 16 – ACCEPTANCE OF RISK:
By continuing to our Website in any manner, use the Product, you manifest your
no transmission of information or data via the internet is not always completely secure,
no matter what steps are taken. You acknowledge, agree and accept that we do not
guarantee or warrant the security of any information that you provide to us, and that you
transmit such information at your own risk.
Article 17 – YOUR RIGHTS:
You have many rights in relation to your Personal Data. Specifically, your rights are as
– the right to be informed about the processing of your Personal Dat
– the right to have access to your Personal Data
– the right to update and/or correct your Personal Data
– the right to portability of your Personal Data
– the right to oppose or limit the processing of your Personal Data
– the right to request that we stop processing and delete your Personal Data
– the right to block any Personal Data processing in violation of any applicable law
– the right to launch a complaint with the Federal Trade Commission (FTC) in the
United States or applicable data protection authority in another jurisdiction
Such rights can all be exercised by contacting us at the relevant contact information
Article 18 – CONTACT INFORMATION:
from you, or if you would like to launch a complaint about anything related to this Privacy
Policy, you may contact us at the following email address: Loelg@nexpay.com.