As the world’s leading provider of collaboration-based technology we enable data to be shared at high speed between merchants and card issuers. Our aim is to help issuers and merchants to increase card acceptance, stop card fraud, recover lost revenue and eliminate chargebacks from both fraud and customer service disputes.
This service involves the transfer of large amounts of data across our network, some of which may be personal data (also sometimes referred to as personally identifiable information or PII). We also collect personal data from you for other purposes such as providing our services to you and your organization or for marketing purposes, whether you are a current or prospective customer of Ethoca.
As the custodian of your data we place the highest priority on protecting that data and ensuring that you have full transparency on how and why we use that data and how you may exercise your rights in respect of that data.
There is a lot of ground to cover in this policy so we have tried to provide it in a digestable question and answer format. Each of the following headings is a link to the specific topics covered. Please note, in particular, the glossary of terms contained in section 20.
This privacy notice aims to give you information on how Ethoca Limited (“Ethoca”) collects and processes the following two main categories of data:
(i) Customer Personal Data
This is personal data you provide to us for purposes of us contacting you with sales and marketing opportunities, us providing our services to your organization and for billing purposes.
Ethoca will be acting as a controller of Customer Personal Data.
(ii) Transaction Personal Data
For the purpose of providing our services to your organization we may receive data from your organization and other members of our network, whether they be issuers, merchants or their partners. This is data about transactions your organization is processing on behalf of cardholders and may, or may not, contain personal data. To the extent that it does contain personal data it shall be referred to in this policy as Transaction Personal Data.
Ethoca will be acting as a processor of any Transaction Personal Data
2. WHAT IS THE SCOPE OF THIS POLICY?
This policy is primarily focused on Customer Personal Data, where Ethoca is acting as a controller. Only section 3 below is applicable to Transaction Personal Data.
We are not intending to collect any data relating to persons under 16 years old whether as part of the Customer Personal Data or the Transaction Personal Data.
The questions in the section headings are framed as questions you, as a data subject or customer of Ethoca, may ask us, as a data controller or processor. In the responses to these questions, Ethoca is collectively referred to as “we”, “us” or “our”. “You”, “Your” refers to any individual which provides their personal data to us for the purposes set out below.
3. WHAT PERSONAL DATA DO YOU PROCESS AS PART OF THE PROVISION OF YOUR SERVICES?
Ethoca may receive Transaction Personal Data from credit and debit card issuers and ecommerce merchants (and their partners) for the purposes of providing its services to such merchants and issuers (and their partners).
Ethoca shall be a processor of Transaction Personal Data and act on the instructions of the provider of such data, whether that is the issuer, the merchant or their partners.
Ethoca will apply the same standards of security and data retention in respect of Transaction Personal Data as it applies to Customer Personal Data (see sections 12 and 13 below). In addition, Ethoca will assist the provider of the Transaction Personal Data to comply with their obligations in respect of this personal data. The details of how Ethoca will do this will be set out in the contract between Ethoca and such provider.
4. HOW CAN I CONTACT ETHOCA?
We have appointed a privacy manager who is responsible for overseeing our privacy program.
- Full name of legal entity: Ethoca Limited
- Title of data privacy manager: General Counsel and Governance Officer
- Email address: firstname.lastname@example.org
- Postal address: 25/28 North Wall Quay, Dublin, Ireland
5. WHAT DATA DO YOU COLLECT ABOUT ME?
Ethoca is the controller in respect of Customer Personal Data.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect this information about you through a variety of means (further details are set out in section 6 below).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, username and title
- Contact Data includes address, billing address, email address and telephone numbers, company you work for, department you work in
- Technical Data includes internet protocol (IP) address, your login data, IP time zone setting and location
- Profile Data feedback on Ethoca events/ initiatives, survey responses, job title, industry you work in, Twitter bio, Twitter username, Twitter profile photo, LinkedIn Bio
- Usage Data includes information about how you use our website which we obtain from website service providers such as Google LLC and Hubspot, Inc.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or to fulfil the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you/ your organization (for example, to provide you/ your organization with our services). In this case, we may have to cancel a product or service you/ your organization have/ has with us but we will notify you/ your organization if this is the case at the time.
6. HOW IS MY PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions You may give us your identity and contact details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- are involved in the sales/ contracting process for the provision of our products or services to your organization;
- are involved in the receipt of our products or services, including the invoicing and collection of any associated fees;
- request marketing materials and/ or publications to be sent to you;
- interact with our Customer Success (support) team, whether by logging support cases or otherwise;
- interact with our finance team on billing matters;
- enter a competition, promotion or survey which we are running; or
- give us some feedback.
Third parties or publicly available sources We may receive personal data about you from various third parties and public sources including those set out below:
- Contact Data from Zoominfo and EBQuickstart LLC
- Contact Data from industry publications such as CNP.com, the Paypers and PYMNTS.com
- Identity and Contact Data from publicly availably sources such as LinkedIn, Twitter, public websites and government corporate registries.
7. HOW DO YOU USE MY PERSONAL DATA?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you or your organization.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message.
You have the right to withdraw consent to marketing at any time by contacting us.
8. FOR WHAT PURPOSES WILL YOU USE MY PERSONAL DATA?
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
9. HOW WILL YOU MARKET TO ME?
We strive to provide you with choices regarding certain personal data uses, particularly around marketing. We will periodically contact you to remind you of your rights to opt out of receiving marketing materials and to allow you to set your preferred means of communication but you may, of course, contact us at any time to make these choices.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and which we may contact you about (we call this marketing).
You will receive marketing communications from us if you have requested information from us or been involved in purchasing products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We do not intend to share your personal data with any company outside the Ethoca group of companies for marketing purposes but, if we do, we will first obtain your express consent.
You can ask us or third parties acting on our behalf to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to our use of your personal data for any other purposes set out above.
10. WHO WILL YOU DISCLOSE MY PERSONAL DATA TO?
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 8 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
11. WILL YOU TRANSFER MY PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA?
We share your personal data within the Ethoca group of companies. This will involve transferring your personal data outside the European Economic Area (EEA).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside the EEA.
12. HOW DO YOU SECURE MY PERSONAL DATA?
We have put in place appropriate security measures to prevent your Customer Personal Data and Transaction Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to such personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process such personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
13. HOW LONG WILL YOU KEEP MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
14. HOW IS MY PERSONAL DATA KEPT ACCURATE?
It is important that the personal data we hold about you is accurate and current and we will seek to periodically check that this is the case. However, please keep us informed if your personal data changes during your relationship with us.
15. WHAT ARE MY LEGAL RIGHTS IN RESPECT OF MY PERSONAL DATA?
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on this link to find out more about the following rights:
- Access to your personal data
- Correction of your personal data
- Erasure of your personal data
- Object to processing of your personal data
- Restriction of processing your personal data
- Transfer of your personal data
- Withdrawal of consent
If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure the validity of your request to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
16. HOW CAN I MAKE A COMPLAINT ABOUT ETHOCA?
You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Commissioner so please contact us in the first instance.
We may change the terms of this policy from time to time and any new versions of this policy will be notified to you by posting them on our website at www.ethoca.com.
18. WHAT ARE MY RIGHTS IN RESPECT OF COOKIES USED ON YOUR WEBSITE?
19. WHAT SHOULD I BE AWARE OF IN RESPECT OF THIRD-PARTY LINKS ON YOUR WEBSITE?
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice/ policy of every website you visit.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product 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.
Performance of Contract means processing 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Ethoca has its headquarters in Canada and its Canadian entity, Ethoca Technologies, Inc., as a joint controller may have access to your personal data for provision of all the same purposes as set out in section 8 above.
External Third Parties
- Service providers acting as processors based in the EU, UK, Canada and the USA who provide IT and system administration services, including, Salesforce.com,Inc., Zoominfo and Hubspot, Inc. for sales, marketing and customer support purposes
- Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the EU, UK, Canada and the USA who provide consultancy, banking, legal, insurance and accounting services
- Tax authorities, regulators and other authorities acting as processors or joint controllers based in the EU, UK, Canada and the USA who may require details of processing activities in certain circumstances.
Your Legal Rights
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and you consider that it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you contest the data’s accuracy, for the period necessary for us to verify the accuracy of the data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, for the period necessary for us to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to personal data being processed by automated means which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent or any processing carried out on other legal bases. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.