Privacy Policy

1. Who We Are

Avant-Garde Marketing Solutions, Inc. (EIN: 59-3841076, "we," "us," or "our") is a Texas corporation that provides payment processing, point of sale, and related merchant services. This Privacy Policy explains what information we collect through our websites, agms.com, agmsmerchantservices.com, agmsdirect.com, (collectively, the "Sites"), how we use it, and the choices you have.

By using the Sites, you agree to the practices described in this Privacy Policy. If you do not agree, please do not use the Sites.

2. Information We Collect

Information You Give Us

We collect information you enter into forms on the Sites or provide to us directly, including:

• Name, business or organization name, and city
• Email address and telephone number, including mobile number
• Information about your business and your payment processing needs
• Your SMS consent selections and the date, time, and page on which you made them
• Any other information you choose to send us by form, email, or phone

Information Collected Automatically

When you visit the Sites, we and our analytics providers may collect:

• IP address, browser type, device type, and operating system
• Pages viewed, links clicked, referring page, and time spent on the Sites
• General location inferred from IP address
• Cookie and similar identifiers, as described in Section 6

Information From Merchant Applications

If you apply for merchant services, we collect the business, ownership, and financial information required to underwrite and board a merchant account. That process is governed by the application and agreement you sign with us and our sponsoring banks, and is subject to the confidentiality obligations described in those documents.

3. How We Use Your Information

We use the information we collect to:

• Respond to your inquiries and provide the information or quote you requested
• Schedule and conduct consultations and payment processing reviews
• Provide, support, and improve our services and the Sites
• Send you text messages you have opted in to receive, as described in Section 4
• Send service and account communications such as confirmations and support updates
• Send marketing communications where you have given us permission or where permitted by law
• Detect and prevent fraud, and protect the security of our systems
• Comply with our legal, regulatory, and card network obligations

4. SMS and Text Messaging

We send text messages only to people who have expressly opted in to receive them. Consent is collected through a dedicated, unchecked checkbox on our web forms. Consent to receive text messages is never a condition of purchasing any product or service, and you can submit any form on our Sites without agreeing to receive text messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories of information sharing described in this Privacy Policy exclude text messaging originator opt-in data and consent. Text messaging opt-in data and consent will not be shared with any third parties, with the sole exception of the aggregators, messaging platforms, and telecommunications carriers required to deliver the messages you requested.

We do not sell, rent, release, or trade mobile phone numbers or SMS consent records to any third party under any circumstances.

Your Controls

Reply STOP to any message to cancel. We will send one confirmation and then stop messaging you.

Reply HELP for assistance, or contact us using the details in Section 13.

Message frequency varies. Message and data rates may apply.

You must be 18 years of age or older to participate in our SMS program.

If you opt out, we retain your mobile number only on an internal suppression list so that we do not message you again. We do not use suppression list numbers for any other purpose.

5. How We Share Information

We do not sell your personal information. We share information only in the following limited circumstances:

• Service providers. Vendors that host our Sites, deliver email, provide customer relationship management, or perform analytics on our behalf. They may use the information only to perform services for us.
• Payment and banking partners. Sponsoring banks, processors, and card networks, where required to underwrite, board, or support a merchant account you have applied for or hold.
• Professional advisors. Attorneys, accountants, and auditors, under duties of confidentiality.
• Legal and safety. Where required by law, subpoena, or court order, or where necessary to protect our rights, our customers, or the public.
• Business transfers. In connection with a merger, acquisition, or sale of assets, subject to the protections in this Privacy Policy.

Each category above excludes text messaging originator opt-in data and consent. That information is not shared with any third party, other than the aggregators and carriers strictly required to deliver messages you requested.

6. Cookies and Analytics

The Sites use cookies and similar technologies to keep the Sites working, remember your preferences, and understand how the Sites are used. We use Google Analytics for traffic measurement. You can disable cookies in your browser settings, and you can opt out of Google Analytics at https://tools.google.com/dlpage/gaoptout/ . Some parts of the Sites may not function correctly if cookies are disabled.

We do not respond to Do Not Track browser signals, because no common industry standard for interpreting them has been adopted.

7. Data Security

We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. No method of transmission or storage is completely secure, so we cannot guarantee absolute security. Please do not send full card numbers, bank account numbers, or Social Security numbers to us by email or web form.

8. Data Retention

We keep personal information only as long as needed for the purposes described in this Privacy Policy, or longer where required by law, card network rules, or our record retention obligations. SMS consent records are retained for the life of the consent plus the period required to demonstrate compliance, and opt-out records are retained indefinitely on our suppression list.

9. Your Privacy Rights

Depending on where you live, you may have the right to:

• Confirm whether we process personal information about you and request a copy of it
• Request correction of inaccurate personal information
• Request deletion of personal information, subject to legal and contractual exceptions
• Opt out of marketing communications at any time
• Opt out of the sale or sharing of personal information for targeted advertising, though as noted we do not sell personal information

To make a request, contact us using the details in Section 13. We will verify your identity before acting on a request. We respond within the timeframe required by applicable law and do not charge a fee for a first request in any twelve month period. You will not be discriminated against for exercising these rights. If we deny a request, you may appeal by replying to our response, and we will respond to the appeal within sixty days.

10. Children's Privacy

The Sites are intended for a general business audience and are not directed to children. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected information from a child under 18, we will delete it.

11. Third Party Websites

The Sites may link to websites we do not operate or control. We are not responsible for the content or privacy practices of those websites. Please review the privacy policy of any website before providing information to it.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The current version, with its effective date, will always be posted on the Sites. Material changes will be identified by an updated effective date at the top of this page. Continuing to use the Sites after a change takes effect means you accept the revised Privacy Policy.

13. Contact Us

Questions about this Privacy Policy, requests regarding your personal information, and appeals may be submitted to: