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Datacap Privacy Policy (v.6-15-2023)

Privacy Policy

Effective Date: 06/15/2023

Datacap (“Datacap”, “we”, “us” or “our”) offers certain payments and loyalty services (the “Datacap Services”) to merchants (each a “Merchant”) for the benefit of those Merchants’ customers (each a “Customer”).

The Datacap Services enable a Merchant (i) to process credit and debit cards of Customers, and other forms of electronic  payments  by Customers (collectively, “Payments”), securely and efficiently, from any computer  with internet access, and (ii)  to design and send commercial  marketing and loyalty offers (“Messages”) to certain Customers. Datacap may provide the Datacap Services individually or jointly, through direct software download or access, or through third party software applications that integrate the Datacap Services. A more detailed explanation of the Datacap Services can be found at Datacap’s website, at

Datacap provides Merchants with neutral tools with which to design and develop Messages, and as well provides for their delivery to Customers in a variety of ways – for example, through short message services (“SMS”), email, Facebook, and Twitter. The Datacap Services may include, without limitation: prizes and products; measurements of Customer visits, purchased amounts, and frequency of use; points; flat discounts; stored-value cards; and punch cards.

The following privacy policy (as may be amended as stated below, the “Privacy Policy”) explains how we collect and manage your personal, company and financial information when you sign up for, use, access or otherwise interact with any Datacap Services or websites, as well as how we care for your privacy and protect such information. This Privacy Policy applies to the use of the Datacap Services by Merchants and by Customers.

Datacap reserves the right to modify this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at By signing up for, using, accessing or otherwise interacting with any Datacap products, Services or websites, you will be deemed to have agreed to and accepted this Privacy Policy.



The following types of information about a Merchant or a Customer are collected by Datacap:

Name, including user name or screen name and password; Postal and/or e-mail address; Mobile, home, fax and/or business telephone (including toll-free) number, service provider name, and the date, time and content of Merchant’s or Customer’s message;  Information contained on Facebook, Twitter, and other social media websites;  IP Address, and other technical information collected by the servers utilized by Datacap or its vendors; Credit/debit card and other billing information, including cardholder transaction data, card numbers and expiration dates; Taxpayer identification number and certain other identifiable information (such as financial history, when applicable); Information regarding Merchant’s business and owner (such as owner’s name, address, social security number, and e-mail address); Information regarding purchases made by Customers, including, without limitation, products and services purchased, amount and method of payment for purchases, frequency of purchases, dates of purchases, and points; Information about the mobile phone, smartphone, tablet, PC or other device used to make purchases; Information regarding location; Information regarding the use of Datacap’s and Merchants’ websites; Information regarding the Datacap Services; and Other information provided by a Merchant or Customer to Datacap in any way.

The Datacap Services are not intended for anyone under the age of 18, nor does Datacap knowingly collect or retain information in connection with the Datacap Services from children under the age of 13.


Datacap may collect information in the following ways:

Through forms filled out by Merchants or Customers on Datacap’s website or via websites operated by Merchants, or at Merchant’s physical location; Through SMS messages sent via the Merchant’s or Customer’s cell phone, or through e-mail and other communications by a Merchant and/or Customer; Through telephone calls between Merchants or Customers, on the one hand, and Datacap, on the other hand; Through mobile applications published by Datacap; Through surveys and prize promotion entries; Through referring websites or third parties, such as by Merchants regarding Customers; Through social media websites, such as Facebook and Twitter; Through the maintenance and analysis of Web server logs; Through card or other transactions between Merchants and Customers; and Via “cookies” (small text files placed by Datacap on a Merchant’s computer(s)), single pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technological means.

To provide certain services we may require both the personal social security number of the owner of a Merchant and the Merchant’s federal taxpayer ID to provide the Merchant with a merchant account. In such case, we may use the Merchant’s and/or its owner’s name and social security number to request a credit report and to obtain a background report on the Merchant and its business, and on its owner. We take a number of security measures, such as encryption, to protect the privacy of information about the Merchant and its owner.


Except as specifically provided in this Privacy Policy, we will never share, sell, or rent any information we collect from you, but may sell or share aggregate, non-personal information with third parties for any legally permissible purpose.

We will share information with our affiliates for the purpose of providing the Datacap Services and other services to Merchants and Customers. We will share information with each Merchant regarding that Merchant’s Customers. We will, in some cases, have third parties assist us in providing the Datacap Services, and those third parties will have access to certain of the personally identifiable information provided by you. We may also use information collected, including personal information, and may share such information with, or sell such information to, third parties in the following ways:

To market, operate, monitor and deliver the Datacap Services, such as processing transactions and requests, providing and sending instructions and Messages, measuring interest in the Datacap Services, customizing content, and contacting you; To determine how Customers interact with the Datacap Services and to which marketing campaigns Customers to analyze Customers’ purchasing preferences on an aggregate and individual level; To market, operate, monitor and deliver any products and/or services that are provided to you by third parties; To enable you to enter promotions and receive prizes from us and/or third parties; To improve or tailor the user experience with regard to  the Datacap Services;

To provide information and offers regarding the Datacap Services, as well as other products and services offered by or through us or selected third parties; To allow third parties to market, offer and/or deliver products and services to you;

To prevent fraud or for legal compliance or public purpose, and/or to release information to the relevant authority in the event of a breach by you of any of our terms of use, or if we are under a legal obligation to disclose such information;

To provide, sell, or transfer information to a company that acquires, is acquired by, or is merged with or into us; and To identify you.

We may advertise the Datacap Services using a third party, and these third parties may utilize cookies or other technological means within the advertising to collect and utilize non-personal information. We are not responsible for information collected by any such third parties, nor for the collection or use of information by other websites to which the Datacap Services are linked.

Datacap sends information to third parties, which include Merchants and vendors that provide e-mail, SMS, cloud- based and other services. Datacap may also advertise the Datacap Services using third-party vendors, and these vendors may utilize cookies or other technological means within the advertising to collect and utilize non-personal information. Datacap is not responsible for information collected by any such third parties, nor for the collection or use of information by other websites to which the Datacap Services are linked. While Datacap does not sell any information to third parties at this time, you agree that Datacap may do so in the future.

Merchants are required by Datacap to follow this Privacy Policy. Vendors and other third parties maintain their own independent privacy policies that may or may not be consistent with this Privacy Policy. Merchants and Customers are encouraged to review the privacy policies of such vendors and other third parties.

We may collect or store credit/debit card and other billing information. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. Datacap will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.


Based upon the personally identifiable information that you provide us, we may send you a welcoming email. We will also communicate with you in response to your inquiries, to provide the Datacap Services, and to manage your account.

We store information that we collect through cookies, log files, and clear gifs to create a “profile” of your preferences. We do not share your profile with other third parties, except that we may share your profile with (i) third parties from whom you receive products or services, and (ii) Merchants for whom you are a Customer.

2.1 SMS messaging

By providing your phone number, you agree to receive text messages from Datacap (Datacap Systems). Message and data rates may apply. Message frequency varies.


Datacap may retain any information collected from Merchants and Customers for as long as necessary to provide the Datacap Services to Merchants and Customers, as well as to comply with our legal obligations, resolve disputes, and enforce our agreements.



If you have provided personally identifiable information to us, we may, from time to time, send you mail, e-mail, or SMS regarding the Datacap Services. We provide you the opportunity to unsubscribe from having your information used for certain purposes, provided that such opportunity may require you to discontinue your use of the Datacap Services and any products related thereto. If you no longer wish to receive promotional communications or our newsletter, or if you wish to unsubscribe from having your information used for certain purposes, you may do so by following the instructions included in each communication or by notifying us by email to or by written correspondence sent to:

Datacap Systems
100 New Britain Blvd
Chalfont, PA 18914-1832


Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request certain information regarding our  disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at:


We take every reasonable precaution to protect the confidentiality and security of your personal information by using industry-recognized security safeguards such as site monitoring, secured networks and servers, firewalls, and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). We regularly test and update our technology to enhance security. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to protect your personal information within industry standards, we cannot guarantee its absolute security.

Our employees are trained and required to safeguard your information. Our strict internal controls limit access to information based on job functionality.


We are subject to the rules and regulations of credit and debit card associations and networks, such as VISA, MasterCard, American Express, Discover, Accel, NYCE, and Interlink. We are also compliant in regards to the security and safeguarding of cardholder information with “PCI DSS” (Payment Card Industry Data Security Standards), and “CISP” (Cardholder Information Security Program). We comply with all related rules and regulations at all times. We undergo periodic third-party assessments and network scans to ensure that we have installed and maintained a firewall configuration to protect data; encrypt transmission of cardholder data and sensitive information across networks; restrict access of data to those that need to know; track and monitor all access to network resources and cardholder data; regularly test security systems and processes; assign a unique ID to each person with computer access; restrict physical access to cardholder data; and maintain a policy that addresses information security. Additional information regarding these requirements can be found at:



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 may link the information we store in cookies to personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.


We employ a software technology called clear gifs (aka web beacons/web bugs), that helps us better manage the content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of a sentence. We do not currently tie the information gathered by clear gifs to your personally identifiable information, although you agree that we may do so in the future. We use clear gifts in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice/Opt-Out”.


As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol  (IP) addresses, browser type, internet    service    provider   (ISP), referring/exit  pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.


When you use one or more of our websites, we may receive “do not track” requests from you, whether via signals from Web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.


If your personally identifiable information changes, or if you no longer choose to use the Datacap Services, you can our contact customer service by email (, telephone (215-997-8989) or  postal  mail  at  the contact   information listed below to assist you with changes to your account.

To the extent your account(s) close or become inactive, we will continue to protect your information as described in this privacy policy.


In the event that we go through a business transition, such as a merger, acquisition, or sale, your personal information will likely be among the assets transferred. You may not be notified of any such change in ownership or control of your personal information, although we will require that the acquirer agree to honor this Privacy Policy, as modified.


If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows:

By mail:

Datacap Systems
100 New Britain Blvd
Chalfont, PA 18914-1832

By telephone:
1 (215) 997-8989

By email: