International Processing Solution Privacy Shield Policy
International Processing Solution (“IPS”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that IPS obtains from Customers located in the European Union.
The Federal Trade Commission (FTC) has jurisdiction over IPS’s compliance with the Privacy Shield.
All IPS employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that IPS receives in the United States concerning Individual Customers who reside in the European Union. IPS provides services to businesses.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. Responsibilities and Management
IPS has designated the Legal Department to oversee its information security program, including its compliance with the EU Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to firstname.lastname@example.org.
IPS will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. IPS personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that IPS has undertaken to protect Personal Data.
III. Renewal / Verification
IPS will renew its US-EU Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, IPS will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, IPS will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles;
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (IPS may do so through its publicly posted website, Individual Customer contract, or both); and
- Review its processes and procedures for training employees about IPS’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data.
IPS will prepare an internal verification statement on an annual basis.
IV. Collection and Use of Personal Data
IPS provides various solutions to its Individual Customers who require its services. IPS collects Personal Data from Individual Customers (i) when specifically provided under a separate Data Use Authorization Agreement executed by the Individual Customer or (ii) when completing an online survey or requesting information or otherwise communicating with us.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with us and the request for our services. As a general matter, IPS collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name. Any additional Personal Data provided by an Individual Customer is subject to an executed Data Authorization Agreement.
We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
The information that we collect from Individual Customers is used for addressing the Individual Customer needs including underwriting a merchant account, billing and other operations related to providing services to the Individual Customer including those required by applicable law.
IPS uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- Maintaining and supporting its requested services, and complying with its contractual obligations related thereto (including managing client relationships and other operations related to providing services to an Individual Customer);
- Satisfying governmental reporting, tax, and other requirements;
- Storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- Verifying identity for merchant account underwriting;
- As requested by the Individual Customer;
- For other business-related purposes permitted or required under applicable local law and regulation;
- And as otherwise required by law.
IPS does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
V. Disclosures / Onward Transfers Of Personal Data
Except as otherwise provided herein, IPS discloses Personal Data only to Third Parties who reasonably need to know such data and only for the scope of the requested services and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
IPS may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, IPS may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by IPS and they must either:
- Comply with the Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of Personal Data;
- Or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
IPS also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that IPS may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. IPS is liable for appropriate onward transfers of personal data to third parties.
VI. Sensitive Data
IPS does not collect Sensitive Data from its Individual Customers.
VII. Data Integrity and Security
IPS uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. IPS has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to IPS’s electronic information systems requires user authentication via password or similar means. IPS also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. Accessing Personal Data
IPS employees may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. Right to Access, Change or Delete Personal Data
1. Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which IPS collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and IPS policies. Upon reasonable request and as required by the Privacy Shield principles, IPS allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by contacting IPS by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to IPS.
2. Requests for Personal Data. IPS will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If IPS receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, IPS will refer such Data Subject to the Individual Customer.
3. Satisfying Requests for Access, Modifications, and Corrections. IPS will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XI. Changes to This Policy
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make IPS employees aware of the changes to this policy through email or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
EU Individual customers may contact IPS with questions or complaints concerning this Policy at the following address: email@example.com
XIII. Enforcement and Dispute Resolution
In compliance with the US-EU Privacy Shield Principles, IPS commits to resolve complaints about your privacy and our collection or use of your personal information. EU individuals with questions or concerns about the use of their Personal Data should contact IPS at: firstname.lastname@example.org.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by IPS, EU individuals may bring a complaint before the EU Data Protection Authorities:
Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
XIV. Defined Terms
“Individual Customer” means an Individual customer or client of IPS from the EU. The term also shall include any individual agent representing an individual customer of IPS where IPS has obtained his or her Personal Data from such Individual Customer as part of its business relationship with IPS.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of IPS or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither IPS nor an IPS employee, agent, contractor, or representative.
If you have any questions, please contact Online IPS at email@example.com.
The Only Personal Information We Collect Online is Information You Voluntarily Provide to Us.
The only information we collect about you on this website is information that you voluntarily provide to us. This information may include, for example, name, mailing address, email address, phone number and similar information. If you supply us with personal information on this website, we will use that information only to contact you so that we can:
- Provide you with the information you have requested
- Occasionally send you other information about Online IPS and its services that we believe you would find interesting
- Comply with federal, state, and local laws, including credit reporting laws and card association rules
- Combat fraud.
When You Browse the Online IPS Website, You Do So Without Revealing Your Identity.
From time to time, however, we may disclose this information to fulfill legal or regulatory obligations, or if we determine such disclosure is legally advisable or necessary to protect our rights, the rights of others, or to prevent harm. In addition, we may aggregate data about users of our site and use it for statistical purposes. This information helps us to better understand our site’s users and how to improve our site and our offerings.
We Are Committed to Protecting the Confidentiality of User Information.
Our policies limit access to personal user information that is collected from this website to our employees and agents and the employees and/or agents of our affiliates and business partners who need the information to fulfill their business responsibilities. Online IPS may disclose personal information collected online to our affiliates and to vendors who assist us with the website. In some cases, this may require your information to be sent to other countries. By supplying your information on this website, you consent to your information being transferred across international borders to Online IPS, its affiliates, vendors or agents. Vendors and other outside contractors we engage are subject to our contractual requirements for safeguarding personal information.
This Website is Not Directed at Persons Under the Age of 18.
Our website is not directed at persons under the age of 18, and Online IPS does not collect or maintain information on our website from persons we actually know are under the age of 18.
This Website May Be Linked to Other Websites.
We may create links to third-party websites. Online IPS is not responsible for the content or privacy practices employed by websites that are linked to or from our website. Online IPS’s privacy policies and practices do not apply to these sites. Online IPS does not guarantee, approve, or endorse any information, material, services, or products contained on these links. Online IPS is not responsible for any content on sites linked from or to Online IPS’s website. Online IPS is providing the linked sites as a convenience and your connection to any linked site is at your own risk.
International Processing Solution Personal Data Use Authorization Agreement
Personal data provided pursuant to an executed INTERNATIONAL PROCESSING SOLUTION PERSONAL DATA USE AUTHORIZATION AGREEMENT will be handled according to its terms as follows:
International Processing Solution Personal Data Use Authorization Agreement
By signing below, you confirm you have read this declaration regarding the use of the information and Personal Data associated with the documentation you have provided to International Processing Solution. For this purpose, the definition of Personal Data is regarded as applying to all information pertaining to a living, identifiable individual.
International Processing Solution requires its merchant clients to provide information and Personal Data to assist in International Processing Solution in properly underwriting a prospective merchant client. As part of International Processing Solution’s diligence process, the information and Personal Data provided will be used for the purposes of undertaking diligence checks and meeting any associated obligations to relevant regulatory authorities and law enforcement agencies (“Purpose”) and may be transferred to locations within and outside of the European Economic Area.
The information and Personal Data may be accessed by or transferred to employees and departments of International Processing Solution including their subsidiaries and affiliates. In addition, the information and Personal Data may be accessed by or transferred to non-employee workers, contract workers, vendors, auditors and/or other types of third parties that have been authorized by International Processing Solution to fulfill this particular Purpose (collectively “Authorized Third Parties”)
Information and Personal Data will be held only insofar and as long as is necessary to properly fulfill the requirements related to the Purpose, as required by law. Any questions or concerns regarding this Agreement and the use of the information and Personal Data should be directed to firstname.lastname@example.org.
By entering your full legal name below, you are hereby explicitly and unambiguously consenting to International Processing Solution’s collection, processing, use and transfer, in electronic or other form of the information and Personal Data for the Purposes described above. You also consent to the information and Personal Data being transferred to Authorized Third Parties for the Purposes mentioned above including the receipt of email communications or phone calls from International Processing Solution and/or Authorized Third Parties.
Acknowledged, agreed and accepted this ______ day of _____________, 20__.