BlueSnap’s policy on privacy and personal information use (Ver. 1.12 Date: September 14th, 2016)

Introduction
This website is owned and operated by BlueSnap, Inc. (“BlueSnap”) a global company providing payment gateway services and enabling eCommerce, marketing and payment processing, with various subsidiaries including a European Union subsidiary BlueSnap Payment Services Limited and Canadian subsidiary BlueSnap Enterprise Canada ULC. References to BlueSnap in this policy also include these subsidiaries unless otherwise stated.

We understand that you care about how your information is used and shared when you enter it on our websites, www.bluesnap.com, or use BlueSnap’s payment services as a merchant or shopper, and this notice describes our privacy policy.

BlueSnap respects each individual’s right to personal privacy. We will collect and use information through our website including registration forms, inquiry forms, product transaction forms, mobile and API services only in the ways disclosed in this statement.

Online transactions involve transfer of data across international borders, as well a backing up of data at our secured data centers. This means that data may be transferred, processed and stored outside the EU and the European Economic Area (EEA). By submitting your data you are agreeing to such transfer, processing and storage.

BlueSnap is committed to maintaining the principles of transparency, accountability and choice regarding the collection and use of your personal information.

EU-US Privacy Shield

BlueSnap Inc., complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  BlueSnap Inc., has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/  This program only covers BlueSnap Inc., and not its non-US subsidiaries.

EU-US Privacy Shield – Inquiries & Complaints

In compliance with the EU-US Privacy Shield Principles, BlueSnap Inc., commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union individuals with inquiries or complaints regarding this privacy policy should first contact BlueSnap at: PrivacyOptions@bluesnap.com.

BlueSnap Inc., has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

If your complaint is not resolved through the above channel, in certain limited circumstances you may qualify to invoke binding arbitration before the ‘Privacy Shield Panel’ set up by the US Department of Commerce and the European Commission.

US-Swiss Safe Harbor Framework

BlueSnap Inc., complies with the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland.  BlueSnap Inc., has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern.  To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/ This program only covers BlueSnap Inc., and not its non-US subsidiaries.

US-Swiss Safe Harbor Framework – Inquiries & Complaints

In compliance with the US-Swiss Safe Harbor Principles, BlueSnap Inc., commits to resolve complaints about your privacy and our collection or use of your personal information.  Swiss citizens with inquiries or complaints regarding this privacy policy should first contact BlueSnap at: PrivacyOptions@bluesnap.com

BlueSnap Inc., has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

BlueSnap is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

In addition to the EU_US Privacy Shield and Swiss Safe Harbor frameworks, BlueSnap Inc., and its UK subsidiary BlueSnap Payment Services Limited are also contractually committed to handling such data transfers from the EEA to other countries in accordance with the requirements of the European Union as set out in Set II of the model clauses published by the European Union.

BlueSnap follows strict security features and procedures in its effort to prevent unauthorized access to your data, however the nature of the Internet is such that we cannot guarantee the absolute security of your data transmission, and so any transmission made by you is at your own risk.

Minors

BlueSnap does not actively market to children and we never knowingly ask a child under 13 to divulge personal information. Services and Information available to registered users on this site are NOT INTENDED FOR USE BY ANY PERSON UNDER THE AGE OF 18.

Please note that if it comes to our attention through reliable means that a registered user is under 18, we will cancel that user’s account. Online payment transaction forms are not provided for use in any event by persons under 18 years of age.

Part I. Information collection

BlueSnap collects information through its website and related eCommerce services at several points.

• We also collect user registration data such as name, email address, phone number and address when merchants, product suppliers or affiliates register to use BlueSnap eCommerce services by means of voluntary submission forms for the purpose of providing such users with our services. Information is also collected from online forms completed by people wishing to learn more about the BlueSnap product or from emails sent to BlueSnap.
• When underwriting new merchants BlueSnap routinely collects ‘Know Your Customer’ and Anti-Money Laundering data from merchants, information relating to business structure, financial/accounting reports, corporate management, ultimate beneficiaries, contact information, ID documentation, tax details, bank references, bank account data and credit reports. Merchant details may be checked against government/ commercial lists and search libraries to verify that such details are correct and not subject to blacklisting or service prohibitions.
• BlueSnap also collects personal and payment information from online transaction forms including those generated through BlueSnap APIs and completed by end customers using BlueSnap’s eCommerce services to buy products, subscriptions and services (“Products”) from product suppliers selling their products through BlueSnap.
• To receive Products sold through BlueSnap and eCommerce services provided by BlueSnap, personal information is required because it is used to accurately build a customer profile and for ongoing communication with customers and product suppliers. Other information we request is optional.
• We may also provide you the opportunity to add additional users to your account. When you add a user to your account we will collect personal information such as name and email address. If you have been added to an account and wish to access your personal information in order to update or delete it you should first contact the account administrator. You may also contact us at PrivacyOptions@bluesnap.com

Tracking Technologies

Important Note: Please click here for further cookie information applicable to certain European Union countries.

• BlueSnap employs cookies. A cookie is a small text, graphic or flash file that our Web servers place on a user’s computer hard drive or other web-based device to act as a unique identifier. Cookies may also enable BlueSnap to automatically login a user back to our services provided he/she choose to enable such option. BlueSnap cookies do not have an expiration date. Our cookies may collect personally identifiable information, including the username and password to support optional automatic logon. Cookies may also be used to identify and track transactions introduced by recognized BlueSnap affiliates and also to support optional choices by users to save and make available for reuse certain payment information for future transactions. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
• Technologies such as: cookies, beacons, tags and scripts are used by BlueSnap and our marketing partners, merchants, affiliates, or analytics or service providers, including online customer support providers, online transaction processors. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
• Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here.
• As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may link this automatically collected data to other information we collect about you.
• We may from time to time partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here(or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Part II. Information usage

• The information collected by BlueSnap, Inc. will be used by BlueSnap in conjunction with the terms specified in this document. Users who provide information may receive email announcements regarding BlueSnap’s services from time to time.
• BlueSnap will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.
• Registered product suppliers may receive additional announcements from BlueSnap about transactions generated through BlueSnap eCommerce services, instant notifications, BlueSnap service changes, revisions and updates, affiliate product opportunities, services, legal notices, special offers, and a newsletter.
• BlueSnap may also use personal information to provide announcements about functions or services that users are registered to use, about any user account they may create, about fulfillment of a specific transaction that may be requested, or about other significant developments that may affect use of the Site and or eCommerce services. Users cannot normally opt-out of this kind of email communication.
• Information we collect from customers may be used to create online invoices, transaction confirmation notices, delivery of licenses, access keys and product download files and associated documentation, subscription accounts, instant notifications relating to such transactions, refunds and refund notices, warranty and dispute records, and customer profiles based on browsing or purchasing history. As BlueSnap is acting as payment service provider, merchant and/or reseller for product suppliers we need to share relevant customer information with the specific product supplier involved in the transaction in order for them to fulfill the transaction. Such information, if provided to product suppliers, is supplied on the condition that it should not be used for spamming or direct marketing by another party. Occasionally such product suppliers may sell, transfer or assign their business to new owners and in such circumstances data records may be accessible to the new owners subject to such parties satisfying the requirements of BlueSnap and assuming the ongoing responsibility for the proper protection of such data.
• Out of respect for the privacy of our Customers we present the option to opt out of any mailing lists operated by BlueSnap or relevant product suppliers as set out in the Opt Out section of this policy.
• Where customer data is passed to a relevant product supplier the use of such information may be subject to the privacy policy of such product supplier and their standards may differ from those of BlueSnap.

Payment data

Personal payment information such as credit card numbers, bank account information, name, email address and phone number is routinely collected and passed on to authorized payment processors, banks, acquirers, and credit card companies in order to make payments sanctioned by BlueSnap customers. Such information is handled through industry standard secure protocols and where appropriate in accordance with relevant Payment Card Industry (PCI) compliance standards. Such information may also be passed when making payment via BlueSnap through mobile devices.

Such data may also be encrypted and securely stored by BlueSnap and appropriate merchants and product suppliers in accordance with PCI standards. When expressly directed and approved by a customer it may be used to generate recurring or new transactions as requested by such customer. Transaction details may also be passed to relevant taxation authorities in respect of sales taxes, VAT, withholding tax, and other relevant taxes and duties.

Certain data may be subject to analysis and checking by third-party fraud prevention services in accordance with payment industry practice.

Service providers

We use other third parties such as a service provider to provide you with support when using our site and including the use of live chat software. When you sign up for our services we will share your personal information only as necessary for the third party to provide that service. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, BlueSnap  is potentially liable.

Affiliate tracking information

Certain product transactions may have taken place following a valid referral by a recognized affiliate introduction. In such cases basic non-personal information about the transaction will be tracked and passed to the relevant affiliate so that their role in the sale can be recorded and any due affiliate commission paid over at the relevant time.

Forums and Group Boards

The BlueSnap website may offer forums and message boards. Please be advised that information voluntarily posted in these venues becomes public knowledge. To request removal of your personal information from our blog or community forum, contact us at PrivacyOptions@bluesnap.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

External links

We offer links to other websites including those of product suppliers. Please note: when clicking on links to other websites, we encourage you to read their privacy policies. Their standards may differ from ours.

Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook and Twitter buttons and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Compliance with court orders & law enforcement agencies

BlueSnap may be required to disclose an individual’s personal information without notification in response to a lawful request by public authorities, including to meet national security requirements, or in order to comply with a legal requirement, court order or subpoena, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others or investigate fraud or to cooperate with law enforcement or government agencies.

Merger, sale and/or transfer of corporate assets or reorganization

BlueSnap may transfer information as part of any corporate merger, sale, acquisition, transfer or assets or reorganization without notice. Such transfer will be on the basis of the continuation of all privacy rights set out in this document. You will be notified via email and/or a prominent notice on our website of any change in BlueSnap ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Changes in this policy & notification

BlueSnap reserves the right to change this policy as and when it sees fit. If our policy on information collection or uses changes, we will advise you by posting a dated copy here or if you are a registered BlueSnap user then you will also be advised via email. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this site prior to the change becoming effective.

Opt out process

Customers have the option not to be added to mailing lists operated by BlueSnap or the product supplier. In the case of opt out such decision will be relayed to the relevant Product Supplier. To exercise your opt out rights please send an email to us at PrivacyOptions@bluesnap.com requesting that you personal information be deleted from any mailing lists operated by BlueSnap or your Product Supplier. BlueSnap will act on your request and inform your Product Supplier of your request and of the need to fully respect your decision. You may also follow the unsubscribe instructions contained in each of the emails you receive.

California privacy rights

Residents of the State of California under the California Civil Code have the right to ask companies with whom they have an established business relationship to provide certain information about the sharing of personal information with third parties for direct marketing purposes during the past year. If you want a copy of the information disclosure provided by this Site then send your request to: BlueSnap, Inc., 800 South Street, Suite 640, Waltham, MA 02453, USA

Part III. Access to information

BlueSnap, Inc. maintains the accuracy of our information by acknowledging the right of users to access their personal information and allowing updates to take effect immediately. Registered users may access their own personal information via our login pages, both for customers and merchants and update any inaccuracies they may find. Users may choose to remove their information from our database by contacting us in writing at: BlueSnap, Inc., 800 South Street, Suite 640, Waltham, MA 02453, USA. We will respond to your request to access within 30 days.

BlueSnap will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal and tax obligations, resolve disputes, and enforce our agreements.

Part IV. Problem resolution

If problems arise, customers and merchants may contact BlueSnap by, email or mail, see here for more information. We are committed to resolving disputes within 5 business days. For customers based in the European Union certain additional standard statutory rights may apply with respect to resolution of customer and merchant complaints as set out in the BlueSnap information page at: https://home.bluesnap.com/ecommerce/legal/dispute-resolution/
Part V. Data storage and security

BlueSnap protects user information both in our servers and on the users computer with the following industry standard security measures: registry data encryption, data file encryption, secure servers, firewalls, encryption of sensitive information such as your payment information and other proprietary technologies and procedures used to protect consumer privacy. Data is also routinely backed up at secure international locations in accordance with standard industry practice. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any further questions about privacy or security, please contact us by sending an email to: Security@bluesnap.com.

Note: BlueSnap UK-based subsidiary, BlueSnap Payment Services Limited is authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2009 reference no. 629580, for the provision of payment services. This company is a relevant establishment with a branch office in the EU. Privacy matters concerning this company should be directed to BlueSnap at the US office address appearing in section III above and through email at: PrivacyOptions@bluesnap.com

Previous Versions:

V1.11 January 28, 2016

v1.10 December 21, 2014
v1.9 July 10, 2014
v1.8 July 7, 2013
v1.7 December 2, 2012
v1.6 November 12, 2012*
v1.5 April 10, 2012
v1.4 March 1, 2010
v1.3 February 12, 2007
*References to BlueSnap Inc. added April 3rd, 2012