Policy Updates

 

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Policy Updates

 

This page informs users in advance of important changes to the PayPal service, its User Agreement, or other policies. This page displays policy updates with future effective dates. Go to “Past Policy Updates” for previous policy updates.

 

Amendment to the PayPal User Agreement

Effective Date: Jan 29, 2015

Please read this document.

You do not need to do anything to accept the changes as they will automatically come into effect on the above date. Should you decide you do not wish to accept them you can notify us before the above date to close your account (https://www.paypal.com/be/cgi-bin/?&cmd=_close-account) immediately without incurring any additional charges.

We do hope, however, that you continue to use PayPal and enjoy the following benefits:

It’s safer

When you pay with PayPal your financial details are never shared with sellers or retailers, so you’re more protected against fraud.

It’s faster

You don’t have to type in your card details each time you pay, so you can check out faster online. You can also get eBay items delivered more quickly, as you can pay the seller instantly.

It’s easier

PayPal is the preferred web payment method in Belgium because it’s a smarter, savvier way to pay online in just a few clicks. All you need is your email address and a password.

Please review the current User Agreement.



Amendment to the PayPal User Agreement.

  1. Intellectual Property

    Section 1.3 is amended to clarify the conditions of use of HTML logos provided by PayPal through its merchant services, auction tools features or affiliate programmes.  The amended section 1.3 now reads as follows:

    1.3 Intellectual Property. The URLs representing the PayPal website(s), “PayPal,” and all related logos of our products and services described in our website(s) are either copyrighted by PayPal, trademarks or registered trademarks of PayPal or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by PayPal, service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by PayPal through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to PayPal or the Service or display them in any manner that implies PayPal’s sponsorship or endorsement. All right, title and interest in and to the PayPal website and any content thereon is the exclusive property of PayPal and its licensors.”

  1. Sending Money – Our execution of your Payment Orders

    The last sentence of the last paragraph of section 3.1 is amended by the insertion of further detail of to clarify the extent of PayPal’s obligations regarding settlement of refund transactions. The amended sentence now reads as follows (with added wording underlined):

    “… PayPal reserves the right not to effect a payment made by you until it receives cleared funds (this also means, without limitation, that PayPal is not obliged to settle a refund transaction before having received funding for the original transaction).”
  1. Special Funding Sources

    The part of section 3.4 relating to “Special Funding Sources” is amended by the insertion of further detail about how Special Funding Sources may be used. The amended part of section 3.4 relating to “Special Funding Sources” paragraphs read as follows:

    Special Funding Sources: Certain payments may be funded by special Funding Sources linked to your Account, such as merchant/transaction specific balance, gift vouchers or other promotional Funding Sources, the use and priority of which are subject to further terms and conditions between you and PayPal (“Special Funding Sources”).

    Your Account Overview may show the notional amount available in your Special Funding Sources to fund qualifying payments at any given time. This amount does not constitute E-money, is not deemed part of your Balance and is not redeemable in cash - it only represents the amount of E-money which PayPal offers to issue and credit to your PayPal Account at the time of (and only to immediately fund) a qualifying PayPal payment, subject to (and only for the period outlined in) the further terms and conditions of use of that Special Funding Source. If your PayPal payment funded by a Special Funding Source is rescinded (including, without limitation, Reversed) at a later time for any reason, PayPal will keep the amount that represents the portion of that PayPal payment that was funded by your Special Funding Source and (provided that the Special Funding Source has not already expired) reinstate the Special Funding Source.”

  1. Preferred Funding Sources when making Recurring or Automatic Payments

    Section 3.5c is amended to clarify the limitations of setting a Preferred Funding Source for your payments. The amended section 3.5c now reads as follows (presented in context with the relevant part of the root of section 3.5):

    3.5 Preferred Funding Source. If you would like to select a Preferred Funding Source you may do so in these instances:

    c. Limitations. If you have a Balance in your PayPal Account and your payment does not qualify for funding by a Special Funding Source, PayPal will use your Balance instead of your Preferred Funding Source, unless your Preferred Funding Source is eCheque or PayPal Credit. If you have a Balance and do not want to use it to fund your next payment, you must withdraw from your Balance before initiating your next payment.

  1. Your liability for cancelled direct debits.

    We are adding a short sentence to the end of the paragraph in section 3.7 (Bank Transfers) that begins with “PayPal will make electronic transfers from your bank account…” to outline your liability to PayPal in certain cases when you cancel a direct debit. The new sentence reads as follows:

    If you cancel any direct debit (including, without limitation, any SEPA Direct Debit), you agree to reimburse us for the value of any goods or services that you have consumed with the proceeds of that direct debit.”
  1. Restricted Activities

    Section 9.1.gg is amended to make it a restricted activity (for the avoidance of any doubt) to expose PayPal to the risk of any regulatory fines by European, US or other authorities for processing your transactions. The amended section 9.1.gg reads as follows (presented in context with its root clause):

    9.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with PayPal, a User or a third party, you will not:

    gg. Allow your use of the Service to present to PayPal a risk of non-compliance with PayPal’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with sections 3.3, 4.1 and 6.3 or where you expose PayPal to the risk of any regulatory fines by European, US or other authorities for processing your transactions); or

    …”

  1. PayPal Buyer Protection

    Section 13 is amended to make several improvements to the PayPal Buyer Protection policy. The amendments will:

    • improve the conditions of reimbursement under PayPal Buyer Protection by:
      • increasing the time allowed for buyers to raise a Dispute from 45 days to 180 days from the date on which payment was made; and
      • extending the range of eligible purchases to cover custom made items that are claimed to be Not Received.
    • for all users contracting with PayPal under the User Agreement, clarify at section 13.7 that, if PayPal has reason to believe that returning an item that the buyer claims is SNAD to the Payment Recipient would result in a violation of applicable law, such as laws related to handling counterfeit items, PayPal may report the item to a competent authority. This may result in the authority taking control of and/or possession of the item from the buyer and the Payment Recipient might not receive the item back.

    Please remember that if you sell or market to buyers in other countries, you should read the PayPal Buyer Protection policies of the countries in which your target buyers are based (the relevant PayPal Buyer Protection policies are available here and are also accessible via the “Legal” or “Legal Agreements” footer on most PayPal site pages) as these policies will apply to you as a Payment Recipient or seller. 

  1. Reversal or Failed direct debit payment.

    A new fee has been added for reversal or failed debit payment to the Additional Fees section. This should be read as follows:

    Reversal or failed direct debit payment (according to Section 10.1). The Fee is based on our losses in such case. You remain entitled to demonstrate that our losses were below the amount of the Fee.

    3 Euros

  1. Other changes

    Sections of the PayPal User Agreement have been amended to clarify existing wording and correct minor typographical errors.

 

Amendment to the PayPal Privacy Policy

Effective Date: Dec 29, 2014

  1. Information We Collect

    We have amended the part of section 3 labelled “Required Information” to outline the further information that we may request from you when you use certain functionalities provided by us and the basis on which we may use that information.
    The amended parts of section 3 labelled “Required Information” now reads as follows (presented in context with the clause heading):

    Required Information

    If you use certain functionalities provided by us (including, without limitation, PayPal POS functionality on your mobile app) we may ask you to upload a picture of you in order to provide these specific services. Your face must be recognisable. Your image is solely your responsibility.

  1. Our Use and Disclosure of Information

    The part of section 4 labelled “Disclosure to Other PayPal Customers” is amended to clarify the circumstances in and the basis upon which we may share certain elements of your information (such as your picture and the fact that you are within local reach as a customer). The amended segment of this part of section 4 now reads as follows (presented in context with the clause heading):

    Disclosure to Other PayPal Customers

    If you are using your mobile app, we may share your picture that you have stored with your mobile app with other PayPal users so that they can identify you, You license us to use your image for the above purposes on a non-exclusive, worldwide, royalty-free, transferable and sub-licensable basis.

    We may also share with other users the fact that you are within local reach as a customer.

    …”

  1. Our Use and Disclosure of Information - Disclosure to Third Parties other than PayPal Customers

    Just like most banks or financial/payment service providers, PayPal works with third-party service providers. We need to disclose user data to them from time to time so that the services our users have requested can be performed. These service providers provide important functions to us that allow us to be an easier, faster, and safer way to make payments.

    In general, the Luxembourg laws to which PayPal’s handling of user data is subject (data protection and bank secrecy) require a higher degree of transparency than most other EU laws. This is why, unlike the vast majority of providers of internet-based services or financial services in the EU, PayPal lists in its Privacy Policy every third party service provider to whom it discloses user data, together with the purpose of disclosure and type of information disclosed.

    Paragraph d of the part of section 4 labelled “Disclosure to Third Parties other than PayPal Customers” has been amended to allow PayPal to disclose certain PayPal customer information to additional third parties or for additional purposes for the purposes set out in the table below, or change the scope of purposes and data shared as set out in the table below.

    Category

    Party Name and Jurisdiction (in brackets)

    Purpose

    Data Disclosed

    Credit Reference and Fraud Agencies

    Please note that in addition to the stated purposes below, PayPal uses your personal information to detect, prevent, and/or remediate fraud or other illegal actions, or to detect, prevent or remediate violations of policies or applicable user agreements.

     

    Creditsafe USA Inc. (USA)

    To receive business information for risk assessment, and compliance with anti-money laundering requirements, such as establishing the corporate structure and beneficial ownership.

    Company registration number, name, and address of business, name, address, date of birth of directors.

     

    DueDil Limited (UK)

    To receive business information for risk assessment, and compliance with anti-money laundering requirements, such as establishing the corporate structure and beneficial ownership.

    Company registration number, name and address of business, name, address, date of birth of directors.

     

    ID Checker.nl BV (Netherlands) (Ireland)

    To verify identity; automatic data extraction from images of documents, and document validation / forgery detection. Research and testing as to appropriateness of new products and services.

    Name, address, email address, date of birth, legal form, company registration number, VAT number, proof of identity, address, ownership of a funding instrument or other documents requested by PayPal and the data contained therein for Risk / Compliance/ Credit purposes.

     

    Au10tix Limited (Cyprus)

    To verify identity; automatic data extraction from images of documents, and document validation / forgery detection. Research and testing as to appropriateness of new products and services.

    Name, address, email address, date of birth, legal form, company registration number, VAT number, documents proving identity and address, ownership of a funding instrument, or other documents requested by PayPal and the data contained therein for Risk / Compliance/ Credit purposes.

     

    Zoot Enterprises, Inc. (USA), Zoot Deutschland GmbH (Germany), Zoot Enterprises Limited (UK)

    To process technical applications and to provide a data and document gateway for account review and vetting purposes, and to exchange user information and images of documents proving identity, address and ownership of funding instrument with contracted fraud and credit reference agencies. To also aggregate data from internal and external data sources and provide statistical analysis in order to assess the risk of fraud.

    All account information and documents supplied by customers, to include information used to provide identity and address, ownership of a funding instrument, or other documents requested by PayPal and the data contained therein for Risk / Compliance / Credit purposes. This information may also include IP addresses.

    Marketing and Public Relations

     

    DemandGen AG (Germany)

    To execute e-mail marketing campaigns.

    Name, email address, phone number, type of account, type, and nature of PayPal Services offered or used and relevant transaction information.

     

    StrikeAd UK Ltd. (UK), Ad-x Limited (UK), Criteo Ltd. (UK), Criteo Singapore Pte.Ltd

    To execute and measure retargeting campaigns in order to segment users for PayPal Here marketing campaigns.

    Anonymous cookie ID, Advertising ID and device ID to segment user groups for marketing purposes.

     

    Nanigans, Inc. (USA), Fiksu, Inc. (USA), Ad- X Limited (UK), Criteo Ltd. (UK), Criteo Singapore Pte.Ltd

    Help identify behaviour in the mobile app in order to guide decision about targeted marketing; to help efficiently handling and optimising mobile campaigns on social networks and elsewhere in the web.

    Anonymous cookie ID, Advertising ID, and Device ID used by a specific person, events in the mobile app about the use of the mobile app by a specific user (including, without limitation, login, successful completion of the transaction), but no payment and financial information details.

    Content of advertisements to be delivered to specific users and, as appropriate, segmentation group to which such person belongs to for advertisement purposes.

    Operational services

     

    Zoot Enterprises, Inc. (USA), Zoot Deutschland GmbH (Germany), Zoot Enterprises Limited (UK)

    To process technical applications and to provide a data and document gateway for account review and vetting purposes, and to exchange user information and images of documents proving identity, address and ownership of funding instrument with contracted fraud and credit reference agencies.

    All account information and documents supplied by customers such as proofs of identity and address, ownership of a funding instrument, or other documents requested by PayPal and the data contained therein for Risk / Compliance Credit purposes.

    Group companies

     

    Private Sale GmbH (Germany)

    To provide joint customers content and services (including, but not limited to registration, transactions, failover for carrier billing accounts, and customer support), to assess risk, or to help detect, prevent and/or remediate fraud, or other potentially illegal acts and violations of policies, and to guide decisions about their products, services and communications.

    All account information.

  1. Other changes

    Sections of the PayPal Privacy Policy have been amended to clarify existing wording and correct typographical errors.