Amendments to the 2Checkout.com Privacy Statement:

Effective Date: July 27, 2010

We revised and reorganized our Privacy Statement to comply with the U.S. Department of Commerce Safe Harbor Program. 2Checkout.com now adheres to the Safe Harbor Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access, and Enforcement for personal information received from the European Union, the European Economic Area, and Switzerland.

We also amended our Privacy Statement to better describe the ways we process your information. The revised Privacy Statement reflects the changes in business processes and legal obligations due to 2CO’s self-certification with the Safe Harbor Program. Our new Privacy Statement also explains the purposes and means of processing your information more clearly and accurately. Please note that we do not decrease the substantive rights associated with your personal information under the revised Privacy Statement.

In addition, we created the Privacy Statement Highlights to provide a brief and easier to understand summary of our full Privacy Statement.

We amended the Privacy Statement in the following manner:

We introduced an outline and section numbers for better navigation.

The introductory paragraph became section 1 Introduction. This section reflects our self-certification with the Safe Harbor Program and our adherence to the Program’s principles. This section states that your use of our website is an agreement to the terms of the Privacy Statement. We also eliminated the requirement that we notify you by email when we materially change the way we use your personal information under the Privacy Statement. However, we will abide by the Safe Harbor Principles to amend our Privacy Statement.

We eliminated the section entitled Definitions. The Privacy Statement no longer defines and distinguishes between different types of information, such as personal information, prospect information, or business contact information. The Privacy Statement now refers only to personal information. This change provides broader protection for personal information.

Section 2 combines the provisions on collection and use of information that were previously set forth in several sections. Additionally, this section more specifically sets out the types of personal information that suppliers, customers, and others may need to provide to us. This section also clarifies how we may use that information. Please note that the purposes and means of processing of the personal information collected by 2CO have not changed. Instead, this language now more accurately and clearly describes our business practices and legal obligations. Thus, the Privacy Statement now has subsections that describe how we collect and use community information, transaction information, and customer service correspondence. We also expanded the subsection describing the collection and use of information gathered from cookies, web beacons, and logs.

Section 3 clarifies 2CO’s obligations to you under the Choice Principle of the Safe Harbor. It describes how we may change the purposes and means of processing of your personal information. It also describes your choices. This section also partly replaces the previous section on Consent.

Section 4 replaces the previous sections on Agents, Suppliers, Business Transfers, and Protection of 2Checkout and Others. This section provides you with an accurate and more thorough description of how and when we may share information with third parties.

Section 5 explicitly states your right to access and rectify the personal information about you under the Safe Harbor Principles.

Section 6 revises the Security section of the previous Privacy Statement. We changed this section for clarity.

Section 7 complies with the Safe Harbor Data Integrity Principle. While the previous Privacy Statement contained some similar language to that found in this new section, section 7 places all relevant language in one place and explicitly states the Principle. It clarifies that your personal information may only be processed for the purposes for which it was originally collected and in accordance with the Privacy Statement. Section 7 obligates us to take steps to ensure that your personal information is relevant, reliable for its intended use, accurate, complete, and current for the purposes for which we use it. We further agree to retain information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

Section 8 pertains to the collection, maintenance, and use of personal information from children. We simply moved this provision to a new location.

Section 10 explains your ability to log into our Profile Center to update your preferences concerning the information we may send you.

Section 11 specifically lays out our obligations to amend the Privacy Statement consistent with the Safe Harbor Principles.

Section 12 replaces the previous sections entitled Dispute Resolution and BBBOnLine Privacy Program. Section 12 eliminates the references to the discontinued BBBOnLine Privacy Program. Instead, section 12 refers to the BBB EU Safe Harbor Program for independent dispute resolution. It also provides contact information for this program. Finally, this section sets forth self-assessment as our method for verifying our compliance with the Safe Harbor Program.

Section 13 provides our contact information.

Amendments to the 2Checkout.com Supplier Agreement:

Effective Date: July 27, 2010

We added a section on Privacy to our Supplier Agreement to comply with our legal obligations under the U.S. Department of Commerce Safe Harbor Program. We also added a section regarding the 2CO Affiliate Program.

We amended the Supplier Agreement in the following manner:

We deleted sections 14.A and 14.B in their entirety and replaced them with new sections 14.A through 14.F.

Section 14.A limits the use of Customers’ personal information to those purposes specifically set out in the Supplier Agreement.

Section 14.B requires that you keep Customers’ personal information confidential. It also addresses the security measures you must take with respect to the Customers’ personal information. This section also requires your cooperation with 2CO’s efforts to monitor your compliance with the Agreement and sets forth 2CO’s right to conduct or obtain audits, tests, and reports related to your obligations.

Section 14.C sets forth limitations on your retention of Customers’ personal information.

Section 14.D limits your right to subcontract or assign your rights or obligations.

Section 14.E requires that you allow 2CO to access the personal information supplied to you by 2CO.

Section 14.F requires that you post a privacy policy on your website. This section also includes 2CO’s Privacy Statement

We also added a section regarding the 2CO Affiliate Program.  Most of these contractual obligations previously existed in an Addendum to the Supplier Agreement.  We amended the Supplier Agreement in the following manner:

Section 23.A defines an affiliate.

Section 23.B defines the Affiliate Program.

Section 23.C defines commission.

Section 23.D requires Suppliers that want to participate in the Affiliate Program to seek 2CO’s approval.  This sub-section also states that the Affiliate is governed by the Affiliate Agreement.

Section 23.E obligates the Supplier to indemnify 2CO against losses as a result of the Affiliate’s failure to perform according to the Affiliate Program.

Section 23.F explains that 2CO is not responsible for any failure of the Affiliate.

Section 23.G states that the Supplier will not be charged a fee for the Affiliate’s registration.

Section 23.H prohibits you from giving any rights to the Affiliate to create or publish material that references 2CO without our written consent.

Section 23.I prohibits you from giving any rights to the Affiliate to issue press releases about the relationship between 2CO, you, and the affiliate.

Section 23.J states that you are granting us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to use the information you supply to us.  We use this license to display your information to the Affiliates and for other functions of the Affiliate Program.

Section 23.K explains the payment arrangements between 2CO, you, and the Supplier.  It explains that 2CO will be paying the Affiliate on your behalf.

Section 23.L states that you the Supplier may also participate in the Affiliate Program as an Affiliate, but that you must complete the application in order to do so. Your actions as an Affiliate will be governed by the Affiliate Agreement, while your actions as a Supplier will be governed by the Supplier Agreement.

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1. Sole proprietorship
2. General partnership
3. Limited partnership
4. C corporation
5. S corporation
6. Limited liability company

Source: Beginner’s Guide to Corporate Entities