Last Updated: December 30, 2022
At eCommerce Payments, we respect your concerns about privacy. This Privacy Notice (“Notice”) relates to the collection of personal information from users of our websites, mobile applications (“Apps”), email, branded social media sites or pages and other online or mobile services that link to or expressly reference this Notice (collectively the “Sites”).
For the purpose of this Notice, “eCommerce Payments”, “we” and “us” refer to eCommerce Payments Inc. and its subsidiaries and affiliates, as the context requires. Our privacy practices vary depending on the services we provide and the country-specific requirements for the countries in which we operate. For some products and services, where required, we will provide additional privacy notices before collecting your personal information. Please read this Notice carefully. If you have any questions, you may contact us at privacy@globalecommercepayments.com or by the methods provided in the “Contact Us” section below.
eCommerce Payments provides payment products and services for commercial and non-commercial enterprises. In the delivery of our services, we routinely collect and retain personal information about our customers and the individuals with whom our customers do business. For our customers, additional disclosures are set out in the documentation provided to them at or before onboarding. This Notice relates only to information we collect through our Sites and Apps and should be viewed as a supplement to any other notices or contractual terms provided to customers.
eCommerce Payments collects personal information from users of our Sites and Apps who might be our Customers, prospective Customers, and Customer end users (“End Users”) who engage with our Sites as part of the Services we provide to our Customers.
Because our relationship with Customer End Users is indirect, we process such End User personal information only for the purposes of providing the Services, in accordance with our Customer’s instructions. Under applicable privacy laws, in this context, eCommerce Payments would be considered a processor or service provider. If you are an End User who has a relationship with one of our Customers and you have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
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Subject to your consent if required by law, we may collect the following categories of personal information:
Data Anonymization and Aggregation: Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data, for example, for statistical analysis including analysis of trends, to carry out actuarial work, to tailor products and services and to conduct risk assessments and analysis of costs and charges in relation to our products and services. We may share anonymized or aggregated data with our global affiliates and with other third parties. This Notice does not restrict eCommerce Payments' use or sharing of any non-personal, summarized, derived, anonymized or aggregated information.
Information that you provide to us: We collect personal information that you provide to us when you set up an account with us, use our services, or communicate with us. For example, if you register for an online account with us, we may request your name, contact information, and business information. Providing us with personal information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the services.
Information collected from third parties: We may collect information about you from third parties in the course of providing our services to you. For example, we may collect Identifiers and Commercial information from a referral partner or other third-party in order to contact you about the services we provide. We may also receive business related information about you from third party companies that supplement our business customer records with firmographic and professional information.
Information collected through technology: When you visit our Sites or Apps or interact with an email we send to you, we may collect certain information automatically such as your account or device identifier, and usage information such as pages that you visit, information about links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our services. You have the ability to express your preference regarding some of the ways we collect information through technology in some of our services (see “Cookies and Other Tracking Technologies” for more information). We may collect geolocation in the Sites or Apps for the purpose of enabling location-based Services.
Subject to your consent if required by law, we may use your personal information for the following business and commercial purposes:
We retain the data we collect for different periods of time depending on what it is and how we use it. In some contexts, we will provide additional information about retention as you use the Services. When we collect your personal information, we will retain it only for as long as is necessary to complete the legitimate business or legal purposes for which we collected it. In many cases, the retention time period will correspond to the time period for which you have an account or other type of business relationship with us plus a defined period after that relationship ends which will be defined by our regulatory requirements.
Our legal basis for collecting, using and storing personal information may depend on the specific Service with which you are engaging. In most cases, when we process personal information on behalf of our Customer, our legal basis is the performance of a contract. In some contexts, such as when we engage in direct marketing, our legal basis for processing personal information is consent. When we rely on legitimate interest as the legal basis for our processing of personal information, we have procedures in place to ensure that we are balancing our interests and rights against the impact to the individual and their applicable statutory or fundamental rights.
We are a multinational business headquartered in the United States, with subsidiaries and affiliates in countries around the world. Your personal information may be disclosed to recipients located outside of your country, including to our global subsidiaries and affiliates (see “Our Relationship with Affiliate Companies” below) as described in this Notice.
For each category of personal information we collect, we may share such information in the manner and for the purposes described below:
We do not sell your personal information to third parties for monetary compensation. To the extent that we share your personal information with third parties for cross-context behavioral advertising, we will implement features within the Services that enable you to see a list of the entities with which the personal information is shared and which enable you to express your preferences. You can find additional information about how those third parties use personal information in the applicable third party privacy notice.
Cookies and similar tracking technologies are used to help us retain information about your use of our Sites and Apps. Using cookies, we collect information like country location, language preference and other settings. Cookies can also help us to operate our Sites more efficiently, remember you for future visit and enhance your user experience by providing real-time tools including user guides and chatbots.
The cookies and tracking technologies that we may use on the Sites fall into the following categories:
Strictly Necessary. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions taken by you such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but blocking them may impede the functionality of the Sites and Apps.
Performance. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Functionality. These cookies enable the Sites and Apps to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some of these services may not function properly.
Targeting. These cookies may be set through our Sites and Apps by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
How to Delete or Block Cookies and Other Tracking Technologies:
On some Sites and Apps, when technically feasible, we will enable tools to help you make choices about cookies and other tracking technologies. You may also delete or block cookies at any time by changing your browser settings. You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.
eCommerce Payments may provide links on our Sites and Apps to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Notice applies solely to information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using such other websites.
Subject to your consent if required by applicable law, we may appoint an affiliate company to process personal information in a service provider role. We will remain responsible for that company’s processing of your personal information pursuant to applicable data privacy laws.
Because our affiliate companies are located around the globe, your personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence.
We take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights.
We take seriously our responsibility to protect the security and privacy of the information we receive via our Sites and Apps. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide via the Sites and Apps against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected computer mischief may be reported to the appropriate authorities.
Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us through this Website in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through this Website.
When we no longer need your personal information to provide the Services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified. Where we are collecting or storing your personal information on behalf of our Customer, the retention of your personal information may be subject to our contractual obligations to our Customer.
Subject to your consent if required by law, we will collect and process your personal information as necessary to set up and administer your sign up to, and use of, the log in facility available on our Sites and Apps. We will use cookies to “remember” the machine or other device you use to access our Sites (see “Cookies and Other Tracking Technologies” below). Please remember that if we contact you, we will never ask you for your password in an unsolicited email, message or phone call. If you choose to use the log in facility available on our Sites and Apps, you are required to adhere to the security procedures we establish in the documentation we provide you as part of the services.
Subject to your consent if required by applicable law, we may use your personal information to provide you with direct marketing information about our products and services as well as those of our global affiliates and third parties. Our direct marketing may be by email, telephone, post or SMS or such other method(s) as may become relevant. In addition, we may provide direct marketing information and permit others to do that as allowed by our customers’ respective contracts.
We will take steps to ensure that any direct marketing from us will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in email, we may provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.
If you are an End User who interacts with our Sites or Apps for the purpose of engaging with our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have a relationship.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have the right to:
For some users we have additional disclosures in the sections of this Notice directed at users based on where they reside. You may contact us using the information in the Contact Us section of this Notice for additional information about how to exercise your rights.
Our Sites and Apps are not intended for use by children. We do not solicit or knowingly accept any personal information from persons under the age of 18 and we do not sell or share personal information of consumers under age 18. Please do not use the Sites or Apps if you are under the age of 18.
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at any time. When we amend this Notice, we will revise the “Last Updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the services, as appropriate. If you provide personal information to us or access or use our Sites after this Notice has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.
Except where prohibited by law, this Notice, including all revisions and amendments thereto, is governed by the laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
Except where prohibited by law, by using our Sites, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against eCommerce Payments and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "eCommerce Payments Entities") arising out of, relating to, or connected in any way with the services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Notice and any of the other agreements referenced herein that the applicable user may have entered into in connection with the services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable eCommerce Payments Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any eCommerce Payments Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any eCommerce Payments Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, eCommerce Payments agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, eCommerce Payments will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor eCommerce Payments shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If you have questions about this Notice, or if you want to exercise your rights as described in this Notice, you can submit a request by completing this form or you may contact us as follows:
Global eCommerce Payments Inc.
privacy@globalecommercepayments.com
In order to honor any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you designate an authorized agent to make a rights request on your behalf, we may require proper proof of that authorization as well as direct verification of your identity from you.
Information for California Residents
If you are a California resident, this section applies to you in addition to the rest of the privacy Notice.
California Shine the Light
If you are a resident of California you may request information concerning the categories of personal information (if any) we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a written request to us using the information provided in the “Contact Us” section of this Notice.
Categories of Personal Information We Collect and Our Purposes for Collection and Use
You can find a list of the categories of personal information that we collect in the “Personal Information We Collect” section above. For details regarding the sources from which we obtain personal information, please see the “Sources of Personal Information” section above. We collect and use personal information for the business or commercial purposes described in the “How We Use the Personal Information We Obtain” section above.
Categories of Personal Information Disclosed and Categories of Recipients
We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
For more information on how your information is shared, please see the “How We Share Personal Information We Collect" section, which provides more detail.
As a California resident, you have specific rights with regard to your personal information. When eCommerce Payments acts as a business for the purpose of processing your personal data you can contact us using the information provide in the “Contact Us” section of this Notice with regard to the following rights:
CA resident rights |
What does this mean? |
Right to know about personal information collected, disclosed, and sold |
You have the right to request, twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
|
Right to opt-out of the sale of personal information |
You may request that we do not sell your personal information to third parties. You may also request that we do not share your personal information for cross-context behavioral advertising. |
Right to request deletion |
In some circumstances, you have the right to have your personal information erased or deleted. |
Right to equal service and prices (“non-discrimination”) |
Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing. |
Right to request correction |
You have the right to request that we correct any inaccuracies in your personal information. |
Right to limit the use and disclosure of sensitive personal information |
In some circumstances, you may request that we limit the use and disclosure of your sensitive personal information. |
Information for European Union and United Kingdom Residents
Below is a list of the eCommerce Payments subsidiaries, by country in the European Union and the United Kingdom, that are responsible for processing your personal information collected through our Sites. You may contact the relevant entity to receive additional information about our compliance with the General Data Protection Regulation (GDPR).
Country |
Subsidiary |
Czech Republic |
eCommerce Payments Europe, s.r.o. |
Ireland |
Pay and Shop Limited |
Malta |
eCommerce Payments Limited |
Romania |
eCommerce Payments s.r.o. Praga Sucursala București |
Slovakia |
eCommerce Payments s.r.o., organizačná zložka |
Spain |
Comercia eCommerce Payments Entidad de Pago, S.L. |
United Kingdom |
GPUK LLP(1) |
(1) Registered with the U.K. Information Commissioner’s Office as a “data processor” under the identifier Z1374314.
To the extent that the Sites or Apps with which you are interacting is directed at United Kingdom or European Union residents, this section of the Notice applies to you.
You have specific rights with regard to the processing of your personal data. When TSYS acts as a business for the purpose of processing your personal data you can contact us using the information provided in the “Contact Us” section of this Notice with regard to the following rights. You may also contact our Data Protection Officer at dpo@globalpay.com.
UK and EU resident rights |
What does this mean? |
Right to be informed |
You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the services. |
Right to access personal information |
You have the right to access and receive a copy of personal information we hold about you. |
Right to data portability |
In some circumstances, you have the right to receive the personal information you request from us in a format that is user-friendly and enables you to transfer it to another provider. |
Right to rectification |
You have the right to correct or update your personal information if it is outdated, incorrect or incomplete. |
Right of erasure (“right to be forgotten”) |
In some circumstances, you have the right to have your personal information erased or deleted. |
Right to restrict/suspend processing of personal information |
You may object to processing of personal information that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing). |
Right to information about information transfers |
You have the right to obtain a copy of documents related to the safeguards under which your personal information is transferred outside the EU. |
Right to complain to a supervisory authority |
You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices. |
Information for Australia Residents
Under the Privacy Act 1988 (Cth) (the “Australia Act”), you have the right to (i) request access to your personal information; (ii) request the correction of your personal information; and (iii) complain about a breach by us of the Australian Privacy Principles (in Schedule 1 of the Australia Act) or any binding registered APP Code. We will handle any complaints or requests for access to or correction of personal information in accordance with our obligations under the Act. All complaints are taken seriously and will be assessed by appropriate personnel with the aim of resolving any issue in a timely and efficient manner and in accordance with the Act.
California has a data protection law called the California Privacy Rights Act. It gives California consumers the right to tell companies not to sell their personal information and not to share it for targeted advertising purposes. This website uses cookies, including some cookies that are created by other companies and placed on your browser when you visit our website. We use those cookies to improve your experience and to gather information about our customers and the performance of our website. However, the companies who provide those cookies to us also have access to the data collected through them, and they may use that data for targeted advertising purposes. Our use of those third-party cookies could therefore be considered a “share” of your personal information under California law. If you are a resident of California or another jurisdiction with similar laws, that means you have the right to opt out. If you have not done so already, you can opt out of the placement of all non-necessary cookies by adjusting your Cookie Settings. To learn more about our privacy practices and your privacy rights, please view our Privacy Notice.