Legal Overview

All you need to know about 2Checkout Legal

Privacy Policy

Privacy Policy

REPER For Avangate BV / INC MOR / Reseller REPER For 2Checkout.com INC PSP Model

Avangate B.V., Avangate Inc. or any of their affiliates doing business as 2Checkout (each "Avangate," "2Checkout", "We," "Us" or "Our") is committed to safeguarding your privacy and ensuring that you continue to trust Us with Your personal information.

Customarily, We collect personal information only directly from you (contact data, payment, delivery details etc.). We will tell You what personal information is mandatory when placing an Order.

In specific cases, personal information about You is collected by Us automatically.

You may also provide personal information about others (for example when You place an Order on other's behalf). If so, You are responsible for the entire data You provide to Us (and We assume that You are authorized to give such data).

We will collect Your personal information only with specific purpose in mind (processing an Order, sending You marketing communication etc.).

You must be older than 16 years in order to place an order with Us if you reside in EU. Otherwise, children's personal information is cautiously processed (only with specific safeguards).

In order to process Your Order, We will share Your personal information with our partners.

You have specific rights in respect of data protection and We foster an environment facilitating their exercise (right to access, rectify, object, delete, receive your personal information or to complaint).

If you are residing in the European Union, Your Personal information may be transferred outside the European Union or the European Economic Area.

We participate in the United States - European Union Privacy Shield and Swiss - United States Privacy Shield Frameworks. Please see Our "Privacy Shield Policy".

We installed adequate safeguards to secure Your personal information and We also implemented specific time periods so that to ensure that Your data is not retained longer than necessary for the stated purpose.

We have a dedicated point for you to contact us in any privacy matters (dpo@2Checkout.com).

Any question you might have on the topic of personal information, we have a dedicated address (dpo@2checkout.com). Forms to help you articulate your query are available at (dpo@2checkout.com).

All your options and messages will be responded as provided by law (delays in implementing your options may occur due to technical reasons).

Customarily, We collect personal information only directly from you (contact data, payment, delivery details etc.). We will tell You what personal information is mandatory when placing an Order.

As Our shopper, You provide Us with contact data, such as Your name, surname, postal or email addresses, phone number; transaction details, such as information about the Products You buy, credit card number and other credit card details; renewal options, geo-location data of Your mobile or other device, including GPS-based, Wi-Fi-based, or cell-based location information. We will mention which information is mandatory in order for You to successfully place an Order.

Even if You are not a shopper, You may provide Us with contact data, for example when you set up an account with 2Checkout or when you enlist to our marketing communication thread.

We will interact with you (a) online, (b) offline or (c) when you interact with online targeted content (such as advertisements) that We or Our service providers provide to You via third party websites or applications.

In specific cases, personal information about You is collected by Us automatically.
We may collect personal information about You via automated means (such as cookies) when You interact with our ads, apps, or visit Our Websites. In such a case, personal information We collect may include IP address, browser type, operating system, mobile device identifier, geographical area, referring URLs.
You may also provide personal information about others (for example when You place an Order on other's behalf). If so, You are responsible for the entire data You provide to Us (and We assume that You are authorized to give such data).
In case the personal information provided by You concerns other persons, it will be Your responsibility to obtain prior authorization.
We will collect Your personal information only with specific purpose in mind (processing an Order, sending You marketing communication etc.).

Our focus is to process Your personal information only for specific purposes that allow Us to service You in the best possible manner or, otherwise to manage an interaction with Us.

2Checkout may store and use Your Personal Information and, without further notice to You, provide Your Personal Information to 2Checkout affiliates or to third parties in order for 2Checkout, its affiliates or third parties:

  • to process an Order from You, including processing Your online payment and notifying You of the Order status;
  • to invoice You for the Products ordered by You;
  • to deliver the Products ordered by You;
  • to support Our intent to maintain and improve the security of Your Order and transactions (e.g., by applying antifraud filters);
  • to register Your purchase with the Merchant (for warranty, technical support, or other purposes);
  • to provide You with shopper and technical support;
  • to inform You about Product upgrades; special offers; other products, services and information (including from third parties); market research; or completing surveys or evaluations; if You have opted to receive such communications;
  • to support Our intent to show You the most relevant content and improve usability of the Website;
  • to provide You with access to restricted areas of the Website;
  • to comply with legal requirements;
  • to enforce the terms and conditions of this Agreement, including the investigation of potential violations; or
  • for any other lawful purposes.

Depending on the relationship You have with Us, the processing necessary to fulfil Our legitimate interest may be: to remind You about your abandoned shopping cart, to request Your feedback, to create and maintain Your 2Checkout myAccounts, to protect against, identify and prevent abuse, fraud and other types of crime, claims and other liabilities. You are entitled to oppose to such processing, and we will review your request and respond to it on a case by case basis.

Some data, such as the types of used services and how many users We receive daily, may be used by 2Checkout for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually.

In any case, We will not subject You to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects You, unless you explicitly consented to the processing, the processing is necessary for entering into, or performance of a contract between You and Us, or when We are legally required / entitled to use Your personal data in this way, for example to prevent fraud.

You must be older than 16 years in order to place an order with Us if you reside in EU. Otherwise, children's personal information is cautiously processed (only with specific safeguards).

We do not knowingly solicit or collect personal information from children below the age of 16 when offering services of an informational society (except if explicit consent from parent or custodian is obtained in prior). This is applicable only for those residing in EU.

If We discover that accidentally We collected personal information from a child below this age, We will remove that child's personal information from Our records as soon as reasonably possible.

In order to process Your Order, We will share Your personal information with our partners.

Without any prior notice, 2Checkout may share your personal information with third parties for other purposes, but only in the following circumstances:

  • Affiliates: we may provide your personal information to affiliates or related companies for legitimate business purposes,
  • Merchants and their affiliates or partners: 2Checkout is an ecommerce platform that enables You to access worldwide Products and as such 2Checkout must share Your personal information for the purpose of You processing Your Order,
  • Service providers: 2Checkout may engage service providers, consultants, external partners, agents or contractors to provide services on its behalf, including administering our media and services available to you. These third parties may come to access or otherwise process Your personal information in the course of providing these services. 2Checkout requires such third parties, to comply with all relevant data protection laws and security requirements in relation to Your personal information, by way of a written agreement.
  • Public Authorities: 2Checkout may disclose Your personal information if it is required to do so by law or if, in Ours good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims.

Some of Our services are provided through sites that bear Our partners' or suppliers' names and trademarks and are not in Our control, and this Website may contain links or other devices that take You to other websites that are also not in Our control. Certain of those other websites may provide products or services to You directly or on Our behalf. We are not responsible for any aspect of other websites, including, without limitation, the privacy practices, products, services, or content of such websites. This Privacy Policy will not apply to such other websites. Rather, Your activity and the information that You provide at such other websites will be subject to the privacy policy and other terms and conditions posted at such other websites.

You have specific rights in respect of data protection and We foster an environment facilitating their exercise (right to access, rectify, object, delete, receive your personal information or to complaint).

You have the right to:

  • access your personal information, rectify it, restrict or object to its processing, or request its deletion,
  • to receive the personal information You provided to Us or to transmit it to another company,
  • to withdraw any consent provided,
  • to opt out of some collection or uses of Your personal information, including the use of cookies and similar technologies, the use of Your personal information for marketing purposes, and the use for data analyses,
  • where applicable, to lodge a complaint with your supervisory authority.

In accordance with the applicable law, 2Checkout will provide You with access to Your Personal Information and, as appropriate, the right to intervene in respect of Your Personal Information. You may also be entitled to object to the processing of Your Personal Information by 2Checkout or to request the deletion of Your Personal Information, in which case, if 2Checkout in its sole discretion deems such Personal Information as mandatory, 2Checkout may no longer permit You to engage in certain activities.

You can decide if You want to provide Your Personal Information to 2Checkout, but if You do not provide certain Personal Information, You may not be able to make purchases, enlist services or access certain options at the Website or through other means. If You choose at the Website to receive communications regarding product information, special offers, or any other marketing or other information, We may add Your Personal Information to Our email database and use (or direct Our designees to use) Your Personal Information for providing such communications to You. You may later choose to unsubscribe from receiving such communications by following the unsubscribe directions in Our communications. If You provide 2Checkout with inconsistent privacy preferences at the Website (for example, by indicating on one occasion that We may provide You with marketing offers and on another occasion that We may not), 2Checkout will endeavor to update Your privacy preferences in 2Checkout's records with Your latest preference in a timely manner.

If you are residing in the European Union, Your Personal information may be transferred outside the European Union or the European Economic Area.

Personal Information provided to 2Checkout by You, the Merchants, or other third parties, is primarily processed and stored on the servers located at Our offices within The Netherlands and/or the United States. We may change the location of the servers from time to time to other countries and without prior notice to You; however, Personal Information will continue to be protected in accordance with this Privacy Policy.

Your Personal Information may be transferred to persons within the European Union, Switzerland or to persons within other countries whose legislation may or may not ensure an adequate level of protection. We shall endeavor to comply with the laws of the country from which Your Personal Information was transferred, if We consider the laws of the country to which Your Personal Information was transferred as not ensuring an adequate level of protection.

We participate in the United States - European Union Privacy Shield and Swiss - United States Privacy Shield Frameworks. Please see Our "Privacy Shield Policy".

We installed adequate safeguards to secure Your personal information and We also implemented specific time periods so that to ensure that Your data is not retained longer than necessary for the stated purpose.

Data security. 2Checkout has implemented industry-standard measures to protect the security of the Personal Information We collect via the Website. For example, We use (SSL - Secure Socket Layers), a firewall and a digital certificate issued by VerisignTM to protect certain of Your Personal Information, and We are PCI DSS (Payment Card Industry Data Security Standard) certified. No one can guarantee, and We do not guarantee, that Your Personal Information is completely secure at all times, however We ensure You that the security of Your personal information is Our primary concern. You are also responsible for maintaining the confidentiality of Your Personal Information to protect it against unauthorized access or use.

Retention. We will only retain Your personal information for as long as You continue to use the Website or Products, and thereafter as permitted or required by applicable law, taking into account also our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements under applicable laws. This means that we may retain Your personal information for a reasonable period after your last interaction with us (as required by fiscal law, otherwise no longer than what is necessary to protect our legitimate interests, to defend against a claim or what is necessary pursuant to regulatory provisions).

When the personal information that We collect is no longer required in this way, we anonymize or delete it in a secure manner.

We have a dedicated point for you to contact us in any privacy matters (dpo@2checkout.com).

For the purpose of exercising Your rights, You shall submit a written request to 2Checkout in accordance with the applicable law to the applicable 2Checkout office identified in the "Contact Us" section of the Website, as per the dedicated contact details to dpo@2checkout.com. In addition, if You believe that 2Checkout has not complied with this Privacy Policy with respect to Your Personal Information, please submit a sufficiently detailed complaint to info@2checkout.com, or by mail to the applicable 2Checkout office identified in the "Contact Us" section of the Website. We will promptly investigate Your complaint. Thereafter, We will take all measures We deem necessary to remedy the issues outlined in Your complaint that We, in Our sole discretion, view as justified.

All your options and messages will be responded based on the law requirements (one month since your request or longer if necessary. Nevertheless, please consider that in order to implement your requests or options we may need several days due to technical reasons (during such period we may continue to process your personal information based on your past options).

If You have any questions about this Privacy Policy, please send Your inquiry to info@2checkout.com, or to the applicable office identified in the "Contact Us" section of the Website.

2Checkout reserves the right to change this Privacy Policy at any time by posting notice of the changes on the Website. For additional details concerning changes to this Privacy Policy, please see Section 18.3 of the 2Checkout Terms and Conditions.

Last update: May 01, 2018
Introduction

2Checkout.com Inc and its affiliate companies part of the Avangate group of companies' dba 2Checkout ("2CO" or "2Checkout") values the privacy and security of the information that you share with us. This Privacy Statement applies to information collected by 2CO through www.2Checkout.com (the "website"). This Privacy Statement also applies to other information 2CO receives in the United States from Europe. This Statement describes how 2CO collects, uses, shares, protects, or otherwise processes your personal information. By using this website, you agree to the terms of this Privacy Statement.

Collection and Use of Information

2CO collects personal information to set up and manage accounts for our ecommerce services and to handle orders of goods and services from 2CO.

You may need to provide 2CO with personal information such as:

  • names; phone numbers; mailing, billing, shipping, and email addresses;
  • bank account information; credit and debit card information; dates of birth; and identification documents.

2CO uses such information for:

  • website registration; enabling sales and other transactions; processing payments and settlement; sending payouts; handling orders; providing receipts;
  • providing customer service; providing dispute resolution, chargebacks, refunds, or related issues;
  • marketing and surveys; sending service update notices;
  • recovering debt and collections; detecting and preventing fraud; detecting and preventing violations of our legal agreements;
  • measuring, improving, and customizing our services; and
  • fulfilling other technical, logistical, financial, tax, legal, compliance, administrative, or back office functions.

2CO may also collect background information and credit checks from third parties to verify your identity; deter, detect, and prevent fraud and illegal activity; make business decisions; and as a part of our legal obligations. 2CO retains such information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

Community Information

2CO collects information from you to post entries to our community website or forums. Such information may include your email address, Internet Protocol address, user name, date and time of signup, and date and time of posts to the forum.

2CO uses this information for the secure and efficient functioning of our website, to provide you with access to our community site, to detect and prevent violations of our legal agreements, and as part of any legal obligations related to our community website.

Transaction Information

2CO collects information on each transaction conducted through our website. Such information may include the amount of the transaction; the goods purchased; the identity of the seller, affiliate, and customer; payment type; currency; location; Internet Protocol address; and websites visited.

2CO uses such information for refunds, for customer service, for website optimization, or for other administrative or business purposes. 2CO may share information related to the transactions you conduct through our website with sellers, affiliates, or customers for the purposes disclosed in this Privacy Statement. 2CO retains transaction information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

Customer Service Correspondence

2CO also collects information involving customer service correspondence. This information may include emails, internet chats, faxes, or telephone calls directed to our customer service centers. 2CO processes this information to provide customer service, handle complaints or disputes, measure and improve our customer service, detect and prevent fraud, and detect and prevent violations of our legal agreements. 2CO retains customer service information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

Cookies, Web Beacons, and Logs

2CO collects information related to your use of our website using cookies, web beacons, and log information.

Cookies are small files containing strings of text stored on your computer. 2CO uses cookies to authenticate you as a user when you log in, track your session, deliver content specific to your preferences and interests, store the contents of your shopping cart, provide features related to payment and customer service, and provide other functions.

Web beacons are objects embedded into web pages that allow us to determine whether and for how long users view web pages. We use web beacons for site traffic reporting, unique visitor counts, auditing and reporting, personalization, and other functions.

Log information may include web requests, Internet Protocol address, operating system, browser type, browser language, date and time of your request, and cookies that may uniquely identify your browser. 2CO uses this information to enhance the functionality of the website and to make your access more convenient, secure, and efficient.

2CO also uses information gathered from logs, cookies, and web beacons to monitor website performance; improve website design, functionality, and security; and assemble web analytics and activity trends. 2CO retains such information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

You may stop your browser from accepting cookies or web beacons. The Help portion of your browser should explain how to configure your browser's cookie handling. Your browser may have add-ons that may help you block web beacons. You may have limited functionality if you block cookies or web beacons set by our website.

HotJar

2CO uses HotJar, a web analytics service. HotJar uses cookies, web beacons, and other means to help 2CO analyze how users use the site. You may find HotJar's Privacy Policy at https://www.hotjar.com/legal/compliance/gdpr-commitment.

Google AdWords

2CO uses Google AdWords, a web analytics and search engine advertising campaign management service. Google AdWords uses cookies, web beacons, and other means to help 2CO analyze how users use the site. You may find Google's Privacy Statement at http://www.google.com/intl/en/privacypolicy.html.

Google Analytics

2CO uses Google Analytics, a web analytics service. Google Analytics uses cookies, web beacons, and other means to help 2CO analyze how users use the site. You may find Google's Privacy Policy at https://www.hotjar.com/legal/compliance/gdpr-commitment.

Marketo

2CO uses Marketo, an email distribution and web analytics service. Marketo uses cookies, web beacons, and other means to help 2CO distribute emails analyze how users use the site. You may find Marketo's Privacy Statement at https://documents.marketo.com/legal/privacy/.

Choice
We will seek your consent prior to using your personal information in a manner incompatible with the purposes we described in our Privacy Statement at the time of collection. You may choose not to provide any personal information to 2CO, in which case we will be unable to provide services to you.
Sharing of Information

2CO only shares information as described in this Privacy Statement. 2CO shares information with the following categories of third parties. Such third parties are prohibited by law or by contract from processing personal information for purposes other than those disclosed in this Privacy Statement.

Organizations that Provide Services to Us

2CO discloses personal information to other organizations that perform services on our behalf. We require such organizations to use such information solely for the purposes of providing services to us and to protect the personal information with appropriate safeguards.

Such organizations include financial institutions; payment processors; money transfer service providers; acquirers; auditors; background and credit check organizations; fraud prevention service providers and anti-fraud networks; marketing service providers; database managers; customer service providers and representatives; debt collectors; and others who perform technical, logistical, financial, tax, legal, compliance, or administrative functions on our behalf.

These organizations may perform functions such as processing credit and debit card payments, sending wire transfers, providing background and credit checks, providing fraud checks, providing customer service, analyzing data, supplying marketing assistance, fulfilling orders, delivering packages, sending postal mail and email, debt collections, and providing other financial, technical, logistical, tax, legal, compliance, or administrative functions.

Financial institutions, payment processors, and acquirers may share the information that 2CO provides to them with other financial institutions or card networks in order to provide financial services, payment services, and to process payments. Fraud prevention service providers and anti-fraud networks may share the information 2CO discloses to them with other fraud prevention service providers and anti-fraud network participants in order to provide fraud checks.

Sellers

2CO discloses personal information to its sellers. 2CO provides payment processing services to sellers who make goods and services available to customers for purchase on those seller's websites. We have confidentiality agreements with these sellers. We share personal information with sellers to complete transactions, resolve customer comments or complaints, and for administrative and analytical purposes like accounting, billing and audits, information system management, and other uses.

Customers

2CO discloses personal information to its customers. 2CO provides payment processing services to sellers who make goods and services available to customers for purchase on those seller's websites. We may share personal information with customers to complete transactions, resolve customer comments or complaints, and for administrative purposes like accounting, billing and audits, and other uses.

Business Sale or Merger

2CO may share personal information in the event of a sale or merger of all or any portion of its business units. Such information remains subject to the promises made in any pre-existing Privacy Statement, unless an individual consents otherwise.

Other

2CO may disclose personal information where:

  • required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
  • 2CO has reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users or others;
  • 2CO has reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
  • it is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
  • it is necessary to enforce or apply our legal agreements, to pursue remedies, or to limit damages to 2CO;
  • the information is public;
  • you have provided consent or with your direction; or
  • other reasons allow it or other laws require it.

When we are required or permitted to disclose information, we will not disclose more information than is necessary to fulfill the disclosure purpose.

2CO may disclose aggregate or statistical information to our business partners, for public relations purposes, or other purposes.

Access

At your request, we will provide you with reasonable access to your personal information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by writing to us at the address listed in the Contact Information section below. After you request access, we will provide the personal information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your personal information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be accessed or amended, we will tell you the reasons.

2CO stores, collects, and otherwise processes information mainly in Columbus, Ohio, U.S.A.

If you are residing in the European Union/ the European Economic Area, you have the right to:

  • access your personal information, rectify it, restrict or object to its processing, or request its deletion,
  • to receive the personal information you provided to 2CO or to transmit it to another company. More specifically, based on the European Union laws, you may request and receive copies of the personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
  • to withdraw any consent provided,
  • to opt out of some collection or uses of your personal information, including the use of cookies and similar technologies, the use of your personal information for marketing purposes, and the use for data analyses,
  • where applicable, to lodge a complaint with your supervisory authority.

We encourage to contact us and we will respond in due time to settle all your questions and requests to the extent permitted by law.

Security

2CO combines technical and physical safeguards with employee policies and procedures to protect your information. We work to protect your personal information during transmission by using Secure Sockets Layer software, which encrypts the information that you provide online at our website. We will use commercially reasonable efforts to protect your information. We will also continue to assess new technology for protecting information and upgrade our information security systems when appropriate.

Further, we permit only authorized 2CO employees and third parties to access any personal information. If an employee misuses personal information, we may take disciplinary action, up to and including termination of employment. If any third party individual or organization misuses personal information, we will take action, up to and including termination of any agreement between 2CO and that individual or organization.

Data Integrity

2CO processes personal information only for the purposes it was originally collected and in accordance with this Privacy Statement. 2CO takes commercially reasonable steps to ensure that the personal data is relevant, reliable for its intended use, accurate, complete, and current for the purposes for which it is used. 2CO retains information for as long as reasonably required for business purposes or as reasonably required to comply with our legal obligations.

Children

2CO does not sell products for purchase by children, but we do sell children's products for purchase by adults. We do not knowingly collect, maintain, or use personal information from children under age 13. If you are under age 13, do not share personal information with us.

In the European Union, the age limitation is 16. Thus, if this jurisdiction applies to you, 2CO will not knowingly collect, maintain, or use personal information from children under age 16.

Links to Other Websites

When you click on a link on this website that takes you to a website operated by another company, you will be subject to that company's privacy practices.

Controlling Unsolicited Email

We may send you information about our products and services. You may log into the Profile Center and update your Preferences to stop receiving this information. You may also opt out of 2CO's marketing list or update your information by notifying us at dpo@2checkout.com at any time.

Amendments

2CO may amend this Privacy Statement on one or more occasions by posting a revised statement on this website or a similar website that replaces this website. 2CO will amend this Privacy Statement in a manner consistent with the Safe Harbor Principles.

Enforcement, Dispute Resolution, and Verification

Please contact us with any questions or concerns related to this Privacy Statement by using the address listed in the Contact Information section below. We will investigate and attempt to resolve complaints or disputes regarding personal information in accordance with this Privacy Statement. For complaints that have not been satisfactorily addressed, you may use the dispute resolution procedures established by the European Union data protection authorities (EU DPAs) for complaints concerning personal information from the EU and the Federal Data Protection and Information Commissioner of Switzerland (FDPIC) for complaints concerning personal information from Switzerland. The EU DPA panel may be contacted at ec-dppanel-secr@ec.europa.eu and the EU DPAs may be contacted directly via the information provided at: http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm. The Swiss FDPIC may be contacted directly via the information provided at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en.

Contact Information

If you have questions or concerns related to this Privacy Statement, you may contact us by email at dpo@2checkout.com or by writing to us at:

Attn: Privacy Officer
2Checkout.com, Inc.
855 Grandview Avenue
Suite 110
Columbus, OH 43215
USA

We have also designated a EU Representative, for all the individuals residing in the European Union / the European Economic Area:

Attn: Data Protection Officer
Email: dpo@2checkout.com
Avangate SRL
Dimitrie Pompei 10A, Conect 3,
020337 Bucharest, Romania

Rev. May 5, 2018
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