Verifone Payments B.V. (formerly known as Avangate B.V.), Avangate Inc., 2Checkout.com Inc or any of their affiliate companies part of the Verifone Payments group doing business as 2Checkout (each "Verifone", "Avangate", "2Checkout", "We," "Us" or "Our") is the Data Controller of Your personal data and will process it in accordance with applicable Data Protection Legislations.

This Privacy Notice applies to the following individuals with which We envisage to interact in the course of our business:

1. Merchants, their legal representatives, ultimate beneficial owners and authorised representatives;
2. Shoppers/End-users/customers/payees of merchants involved in any transaction with our payment institution;
3. Partners and Affiliates; and
4. Visitors of our website.

As used in this Privacy Notice, 'personal data' means any information that can be used to individually identify You, directly or indirectly, alone or along with other information. The categories and volume of personal data that We collect vary depending on: i) the identified relationship We have with You; and ii) our purposes for processing Your personal data.

You can decide at any time not to provide us with the requested personal data. However if You refuse, You may not be able to make purchases, enlist services or access certain options on the Website or through other means.

2Checkout collects personal data to set up and manage accounts for our ecommerce services and to handle orders of goods and services from 2CO. In specific cases, personal data about You is collected by Us automatically. We may collect personal data about You via automated means (such as cookies) when You interact with our ads, apps, or visit Our Websites. In such a case, personal data We collect may include IP address, browser type, operating system, mobile device identifier, geographical area, referring URLs. Customarily, the collection of personal data is done in the following manner, but not limited to:

1. Directly from You through:
   1. manual input and/or intervention from You where We ask You for information that includes Your personal data; and/or
   2. automatically generated through Your interaction with our services and/or website.
2. Indirectly about You through:
   1. publicly available sources; and/or
   2. third parties.

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.

You may also provide personal data 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 data provided by You concerns other persons, it will be Your responsibility to obtain prior authorization.

Depending on Your relationship with us, We collect the following categories of personal data:

Our focus is to process Your personal data only for specific purposes that allow Us to service You in the best possible manner, when We have a valid legal basis to do so and as permitted by law as follows:

1. Performance of Contract - We will process Your data where it is necessary for the performance of a contract to which You are a party or to take steps at Your request before entering into such a contract. As well, if You are a card-holder or alternative payment method user making a payment to a merchant using our services to process Your payment, We may process Your data on the basis of the agreement that We have with the merchant and terms and conditions You agree to.
2. Compliance with a legal obligation - We will process Your personal data where it is necessary for compliance with a legal obligation that We are subject to. More precisely, We use Your personal data to comply with anti-money laundering and counter-terrorist financing legislations requirements, fiscal and accounting laws and any other laws applicable to our industry and requests and investigations from relevant authorities and financial institutions.
3. Legitimate Interest - We will process Your data in our legitimate interest of our business in conducting and managing our business to enable us to give You the best service and the best and most secure experience. We make sure We consider and balance any potential impact on You (both positive and negative) and Your rights before We process Your personal data for our legitimate interests. We do not use Your personal data for activities where our interests are overridden by the impact on You (unless We have Your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess our legitimate interests against any potential impact on You in respect of specific activities by contacting us. 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.

Generally, We do not rely on consent as a legal basis for the processing of Your personal data although We will get Your consent before sending direct marketing communications to You via email or text message. You have the right to withdraw Your consent at any time by contacting us.

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 data is cautiously processed (only with specific safeguards).

We do not knowingly solicit or collect personal data 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 data from a child below this age, We will remove that child's personal data from Our records as soon as reasonably possible.

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

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

1. Internally: We may share personal data about You across our businesses, with our group of companies to which 2Checkout belongs for the purpose of internal assistance and administrative matters and daily activities in line with this Privacy Notice. In the event of our reorganization, merger or acquisition by another company or in the event of the transfer of our business on the basis of our legitimate interest in consolidating, expanding or streamlining our business, Your personal data might be shared. We will notify You if such instances happen in due course and as soon as possible.
2. Affiliates: we may provide Your personal data to affiliates or related companies for legitimate business purposes such as performance based marketing.
3. 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 data for the purpose of You processing Your Order.
4. 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 data 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 data, in accordance with their contractual and confidential contractual obligations.
5. Public Authorities: 2Checkout may disclose Your personal data 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, respond to any claims or in relation to our efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
6. Financial institutions: We share personal data with other financial institutions such as banks or other payment service providers to allow payment transaction between a payee and payer. These institutions are independent from our business and processing of Your personal data will be subject to their Privacy Notice and Terms and Conditions.

Some of Our services are provided through sites that bear Our partners' or suppliers' names and trademarks and are not in Our control. These Websites may contain links or other devices that take You to other websites that are also not in Our control. Some of those websites may provide products or services to You directly or on Our behalf. We are not responsible for any aspect of such websites, including, without limitation, the privacy practices, products, services, or content of such websites. This Privacy Notice 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 on such other websites.

You have specific rights in respect of Your privacy and data protection and We foster an environment facilitating their exercise as follows:

1. access Your personal data, rectify it, restrict or object to its processing, or request its deletion.
2. to receive a copy of the personal data You provided to Us or ask us to transmit it to another company.
3. withdraw any consent You provided.
4. to opt out of some collection or uses of Your personal data, including the use of cookies and similar technologies, the use of Your personal data for marketing purposes, and the use for data analyses.
5. where applicable, to lodge a complaint with Your supervisory authority. More information on the local Supervisory Authority can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en

We pay the utmost attention to the confidentiality of all personal data and reserve the right to verify Your identity if You submit a request for personal data to avoid a potentially undesirable situation for another person to illegally exercise a right on Your behalf. We may also contact You to ask You for further information in relation to Your request to speed up our response. We will require You to verify Your identity by providing us with identifying information such as Your personal email address, personal telephone number, home address, and/or other information that We can match with the personal data We haves already collected about You to verify Your identity.

You may use an authorized agent to exercise Your rights. We will require Your authorized agent to provide us with either (1) a power of attorney authorizing the authorized agent to act on Your behalf or (2) Your written authorization permitting the authorized agent to request access to Your personal data on Your behalf. Further, We will require You or Your authorized agent to provide us with identifying information to verify Your identity. We may also require You to either verify Your own identity directly with us or directly confirm with us that You provided the authorized agent permission to submit the request.

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

You may later choose to unsubscribe from receiving certain types of communications from us by following the unsubscribe directions in Our communications. 2Checkout will endeavor to update Your privacy preferences in 2Checkout's records with Your latest preference in a timely manner.

For Your California Privacy Rights, please visit our 2CO California Privacy Policy

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

Personal data 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 data will continue to be protected in accordance with this Privacy Notice.

Where such recipients of data are located in third countries that do not provide an adequate level of protection or for which the European Commission has not issued an adequacy decision, 2Checkout has in place contractual relationships with each such recipient that include international data transfer agreements and standard contractual clauses as approved by the European Commission or other supervisory authority where required, intended to ensure an adequate level of protection. We will always conduct rigorous due diligence to ensure there are no risks to such transfers and Your personal data is protected and secured.

We participate in the United States - European Union Privacy Shield and Swiss - United States Privacy Shield Frameworks. Please see Our Privacy Shield Policy. We are currently monitoring changes in this area and ensure We adhere to and implement any new measures as required.

We installed adequate safeguards to secure Your personal data 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 Retention. We will only retain Your personal data for as long as You continue to use the Website or Products, and thereafter as permitted or required by applicable law, also taking into account 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 data for a reasonable period after Your last interaction with us or after the termination of business relationship with us (as required by anti-money laundering/counter terrorism financing legislation and fiscal law) otherwise no longer than what is necessary to comply with our legal obligations and protect our legitimate interests to defend against a claim.

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

Data security. 2Checkout has implemented industry-standard measures to protect the security of the Personal data 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 data, and We are PCI DSS (Payment Card Industry Data Security Standard) certified. No one can guarantee, and We do not guarantee, that Your Personal data is completely secure at all times, however We ensure You that the security of Your personal data is Our primary concern. You are also responsible for maintaining the confidentiality of Your Personal data to protect it against unauthorized access or use.

We have a dedicated Data Protection Officer for You to contact 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 Notice with respect to Your Personal data, 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 applicable legal 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 data based on Your past options).

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