Last updated: December 18, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects you.
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 access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to Insta-Pay, the software program provided by the Company.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Insta-Pay, PO Box 40 Troutville Virginia 24175.
Country refers to: Virginia, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
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 Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Personal Data
While using Our Service, 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
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service 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 Service.
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 goods, 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.
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 Service 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 Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
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 Service, or We are legally obligated to retain this data for longer time periods.
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.
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
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:
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.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Our Service 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.
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.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
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.
If you have any questions about this Privacy Policy, You can contact us:
Communications Between You and Us By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to:
(i) service your InstaPay branded accounts,
(ii) investigate or prevent fraud, or
(iii) collect a debt.
We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. By providing us a mobile phone number for an Account and opting in to receive text messages, you are indicating that you are the owner of that mobile number and you are agreeing that we, including our affiliates, may contact that number using autodialed or prerecorded message calls or text messages to service the InstaPay Account. We will not use an InstaPay User’s number for marketing purposes. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number or an InstaPay User’s mobile number in order to use and enjoy the products and services offered by InstaPay. You (or an InstaPay User) can decline to receive autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted-out from such messages or by sending an email to admin@Insta-Pay.app from the email associated with the account with the following message: Please do not contact my phone with autodialed or prerecorded message calls or text messages. To opt-out an InstaPay Account from autodialed or prerecorded message calls or texts through email, the message must come from the InstaPay User’s email address that is associated with the account. This will ensure that you or a InstaPay User will not be contacted by InstaPay or on behalf of InstaPay with autodialed or prerecorded message calls or text messages. Text HELP to a message for assistance and more information. Message and data rates may apply. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Statement in order to better understand our commitment to maintaining your and your InstaPay Users privacy, as well as our use and disclosure of your or your InstaPay User’s information. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number or the mobile phone number associated with a InstaPay User’s account with third parties for their own purposes without your consent.
We may communicate with you and any InstaPay User about your InstaPay account (or InstaPay Account) and the InstaPay services electronically as described in our Consent to Receive Electronic Disclosures. You or your InstaPay User will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it. You or aN InstaPay User will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it. Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: InstaPay, Inc., Attention: Legal Department, PO Box 40 Troutville Virginia 24175. For InstaPay Accounts, you (rather than the InstaPay User) must contact us. You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your InstaPay account has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable. InstaPay will only use the photo ID and face scan you’ve uploaded (“Your ID Info”), to verify your identity and authenticate you for certain actions related to your account in accordance with our User Agreement and Privacy Statement, or as otherwise directed by you. For example, we may verify your identity and authenticate you to meet regulatory requirements or before you access accounts and services, recover passwords, update profile info, manage payments and payment methods, lift account limitations, and initiate third-party cryptocurrency transfers. You agree that you’re the holder of the InstaPay account that you’re trying to verify, and that you’ll only upload a valid photo ID that belongs to you and a face scan of yourself. You can stop sharing this data at any time from your PayPal Data and Privacy settings. As explained in our Privacy Statement, InstaPay won’t share Your ID Info without your consent unless required by law. We retain Your ID Info for as long as needed or permitted given the purpose for which it was collected and no more than 3 years after your account closes unless otherwise required by applicable law. If you request to delete your data, InstaPay will delete Your ID Info within a reasonable time unless otherwise required by applicable law Our Rights Our suspension and termination rights We, in our sole discretion, reserve the right to suspend or terminate this user agreement, your or a InstaPay User’s access to or use of our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf or some or all of the InstaPay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.
Security interest: As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your InstaPay account and any other funds held in our possession. Amounts owed to us We may deduct amounts owed to us, in whole or in part, from money that is sent to your InstaPay account later, either by you or a InstaPay User or from payments sent to you or a InstaPay User. While you owe amounts to us, we may: reverse payments you or a InstaPay User has sent; engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and place a limitation or take other action on your InstaPay account as outlined under Restricted Activities and Holds. If you have more than one InstaPay account, including any associated InstaPay Accounts, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one InstaPay account against money in or money sent to your other InstaPay account(s). If you continue using your InstaPay account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your InstaPay account. In addition to the above, if you or a InstaPay User has a past due amount owed to us, including our affiliates, we may debit your InstaPay account or accounts held at our affiliates or various products to pay any amounts that are past due. IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT LINKED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTIONS MAY CHARGE. Insolvency proceedings If any proceeding by or against you or a InstaPay User is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement. Assumption of rights If we invalidate and reverse a payment that you or a InstaPay User made to a recipient (either at your initiative or otherwise), you agree that we assume your or a InstaPay User's rights against the recipient and third parties related to the payment and may pursue those rights directly or on your or a InstaPay User's behalf, in our discretion. No waiver or failure to act with respect to a breach of any of your or a InstaPay User’s obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
Indemnification and Limitation of Liability: In this section, we use the term “InstaPay” to refer to InstaPay, Inc., our parent company Sparrow Capitol Investments, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with. Indemnification You must indemnify InstaPay for actions related to your InstaPay account and your and any InstaPay User's use of the InstaPay services. You agree to defend, indemnify and hold InstaPay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your or an InstaPay User’s improper use of the InstaPay services, your or an InstaPay User’s violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you or an InstaPay User grant permissions to use your InstaPay account or access our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf, or any of the InstaPay services on your behalf. Limitation of liability InstaPay’s liability is limited with respect to your InstaPay account and your (or an InstaPay User’s) use of the InstaPay services. In no event shall InstaPay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf, any of the InstaPay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, InstaPay is not liable, and you agree not to hold InstaPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(1) your or a InstaPay User’s use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf, or any of the InstaPay services;
(2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf and any of the InstaPay services;
(3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf or any of the InstaPay services or any website or service linked to our websites, software or any of the InstaPay services;
(4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf or any of the InstaPay services or in the information and graphics obtained from them;
(5) the content, actions, or inactions of third parties;
(6) a suspension or other action taken with respect to your InstaPay account; or
(7) your or a InstaPay User’s need to modify practices, content, or behavior, or your or a InstaPay User’s loss of or inability to do business, as a result of changes to this user agreement or our policies. Disclaimer of Warranty and Release No warranty The InstaPay services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not have any control over the products or services provided by sellers who accept InstaPay as a payment method, and we cannot ensure that a InstaPay user or a seller you or a InstaPay User are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the InstaPay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the InstaPay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the InstaPay services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply. Your Release of Us If you or a InstaPay User have a dispute with any other InstaPay account holder (or InstaPay User), you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Agreement to Arbitrate You and InstaPay agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the InstaPay services or your InstaPay account, including any linked InstaPay Account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury. Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us. Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice. If you are a new user, the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. If a dispute arises between you and InstaPay regarding the InstaPay services, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and InstaPay regarding the InstaPay services may be reported to customer service online through the InstaPay Help Center at any time, or by emailing info@instapay.app from 8:00 AM to 8:00 PM CT seven days a week.