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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: Jun 17, 2014


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/uk/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 sensitive 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 the UK 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. PayPal as Login Method

    PayPal allows certain third parties, with your permission, to use PayPal as a means for you to log into those third parties’ websites or other online services. A new section 2.4 has been added to explain how this works and clarify your rights and the obligations of the party offering PayPal as a means of login, which reads as follows:

    2.4 PayPal as Login Method.If you use PayPal as means of logging into external websites or mobile apps, we may share your login status with any third party offering this Service as a login method, as well as the personal and other Account information that you consent to being shared so that the third party can recognise you. PayPal will not give such third party access to your PayPal Account and will only make payments from your Account to that third party with your specific authorisation.

    If you offer this Service as a means for visitors to log into your website, app, or otherwise for your customer accounts, you must agree to any specific terms applicable when this functionality is made available to you, and comply with any specifications in any integration manual or guideline. PayPal does not guarantee or otherwise represent the identity of any user of this login method. PayPal will not share with you the personal and other Account information of the user (including login status) held by PayPal unless the user has consented to our disclosure of that information to you.”

  2. Sending Money – Our execution of your Payment Orders

    Section 3.1.a is amended to clarify the time on a Business Day after which your Payment Order will be treated as received by us on the following Business Day, if your Account is registered in, the Czech Republic, Greece, Hungary and Ireland. The amended section 3.1.a now reads as follows (presented in context with the clause heading):

    “3.1 Our execution of your Payment Orders. Subject to the terms of this Agreement (and your compliance with the same), you agree that we will execute a Payment Order made by you via your Payment Account and credit the payment service provider of the person to whom you are sending your payment, as soon as the payment schemes available to PayPal allow (which can be within the next Business Day) following the date you gave us and we received your valid Payment Order. This is subject to you providing us with:

    a. your Payment Order before 4pm on a Business Day, except that the relevant time shall be 5.00pm if your Account is registered in Greece, 3.00pm if your Account is registered in Ireland, 2.45pm if your Account is registered in Hungary and 2.00pm if your Account is registered in the Czech Republic. All times stated are local times of the country where your Account is registered. If you provide us with your Payment Order after this time or not on a Business Day, you agree that your Payment Order was received by us on the following Business Day;…”

  3. Funding Sources

    Section 3.4 is amended by the insertion of:

    1. a new paragraph clarifying that, when adding a card as a Funding Source, you are providing PayPal with a continuous authority to automatically charge that card as a Funding Source; and
    2. a new paragraph outlining how special Funding Sources (such as merchant specific balances and gift vouchers) may be used

    The new paragraphs read as follows:

    “Cards as Funding Sources: By adding a debit card, credit card or pre-paid card as a Funding Source, you are providing PayPal with a continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Funding Source pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Funding Source in your Account Profile.

    Special Funding Sources: Certain payments may be funded by special Funding Sources linked to your Account, such as merchant 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, as part of your overall account balance, the notional amount available in your Special Funding Sources to fund qualifying payments at any given time.”

  4. Preferred Funding Sources when making Recurring or Automatic Payments

    Section 3.5b is amended to clarify how you may use a Preferred Funding Source for Recurring or Automatic Payments. The amended section 3.5b 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:

    b. In your Account Profile – My Preapproved Payments. If you have set up a Recurring or Automatic Payment, or authorise a merchant or other third party to collect payments from your PayPal Account, you may be able to select a Preferred Funding Source for all future payments to the merchant or other third party. You may do so by logging in to your Account, selecting "Profile", selecting "My Preapproved Payments", and then by selecting the links to set a Preferred Funding Source (may be called "Backup Funding Source"). Otherwise we will use your Default Funding Source. ”

  5. Third party initiated payments (including Recurring Payments).

    The paragraph in section 3.10 (Third party initiated payments (including Recurring Payments)) setting out obligations on payment recipients to notify the payer in advance is amended to read as follows (presented in context with the relevant part of the root of the paragraph):

    “Third parties who present us with a payment request under this provision hereby:

    • agree that they will notify their customers at least 4 weeks in advance of the amount they will collect if that amount has increased in such a manner that the customer could not have reasonably expected to pay such an amount, taking into account that customer’s previous spending patterns and the circumstances of the payment and that they will be liable to PayPal for any refunds of such payment in accordance with the terms of this User Agreement.”
  6. Receiving Money

    We are adding a short sentence to the start of section 4 to clarify the possibilities of receiving money with PayPal, which reads as follows:

    “PayPal may allow anybody (with or without a PayPal Account) to initiate a payment to your Account....”

  7. Restricted Activities

    A new Section 9.1.ah is added to make it a restricted activity to fail to comply with mandatory requirements set out in our integration or programmers’ guides. The new section 9.1.ah 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:

    ah. Integrate or use any of the Services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers’ guide or other documentation issued by PayPal from time to time.”

  8. Keeping your Payment Instrument Safe

    Section 9.2 is amended by the addition of new sub-sections 9.2.i and 9.2.j, which, in general, require you to keep your personal details in your Account up to date and take all reasonable steps to protect the security of any device that you use to access the Services. The new sections 9.2.i a and 9.2.j read as follows (presented in context with their root clauses):

    “9.2 Keeping your Payment Instrument Safe . You agree to perform the following actions to keep your Payment Instrument safe:

    i. Keep your personal details in your Account up to date. We may be unable to respond to you if you contact us about your Account from an address, telephone number or email account that is not registered with us.

    j. Take all reasonable steps to protect the security of the personal electronic device through which you access the Services (including, without limitation, using pin and/or password protected personally configured device functionality to access the Services and not sharing your device with other people)."

  9. Seller Protection Programme

    Section 11.1 is amended to clarify the scope of the Seller Protection Programme. The amended section 11.1 reads as follows:

    “11.1 What is PayPal seller protection?

    If you are the recipient of a payment made by a customer ("Payment Recipient"), we may reimburse you an amount for Claims, Chargebacks, or Reversals made against you based on the following reasons:

    a. A Chargeback or Reversal was issued against you for the reason of an “Unauthorised Payment”; or

    b. A Chargeback or Claim was issued against you for the reason of “Not Received”,

    where PayPal receives from you proof that the item was posted or delivered in accordance with the requirements set forth below, subject to the further provisions of this section 11 (including, without limitation, the Eligibility Requirements at section 11.6)."

  10. PayPal Buyer Protection

    With effect from a date to be confirmed by PayPal in due course (falling on or after the Effective Date), section 13 will be amended to make several improvements to the PayPal Buyer Protection policy. The amendments will:
    1. improve the conditions of reimbursement under PayPal Buyer Protection for PayPal users registered as UK residents by:
      1. 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
      2. extending the range of eligible purchases to cover :
        1. intangible items (including, without limitation, rights of access to digital content and other licences) ;
        2. services; and
        3. travel tickets (including, without limitation, airline flight tickets); and
      3. for all users contracting with PayPal under the User Agreement, clarify:
        1. the conditions for reimbursement under PayPal Buyer Protection if you are a buyer (including, without limitation, your requirements to cooperate with PayPal if a problem with a purchase is reported to PayPal);
        2. the extent of your potential liability under PayPal Buyer Protection if you are a Payment Recipient (i.e. a seller)
        3. the nature and scope of PayPal’s discretionary role in providing PayPal Buyer Protection;
        4. the choices you have to resolve a problem with a purchase without involving PayPal; and
        5. by way of notice, that in certain cases the proceeds of a buyer’s payment to a UK based Payment Recipient for event tickets may be held on trust for (i.e. for the benefit of) the buyer, to ensure that they can get their money back through PayPal, subject to further conditions, if the event does not take place on the scheduled date.
    The new section 13 reads as follows:

    “13.1 What is PayPal Buyer Protection?

    PayPal Buyer Protection enables PayPal to make a final decision at its full and sole discretion on any problem raised by a buyer in respect of any purchase paid for using PayPal. The final decision may result in PayPal reimbursing the buyer for the amount of the payment made through PayPal for the purchase (up to the full price of the purchase and (where applicable) original postage costs) and the Payment Recipient bearing liability to PayPal for that reimbursement.

    PayPal Buyer Protection is neither a product warranty nor a service warranty. No guarantees are given.

    If you are a Payment Recipient, your liability under PayPal Buyer Protection may be covered by the Seller Protection Programme (please see section 11 for more details). Sometimes we may be able (but shall not be obliged) to waive your liability for the reimbursement for other reasons (at our full and sole discretion).
    Whether you are the buyer or Payment Recipient, you acknowledge that the Services may be used as a method of payment for a wide and complex variety of types of purchases, both online and offline. Accordingly and notwithstanding anything otherwise in this Agreement, you agree that PayPal may (but shall not be obliged to) at any time and for any reason at its full and sole discretion and without liability:

    a. make a final decision on any problem with a purchase raised by a buyer with a PayPal account registered anywhere in the world (whether under the PayPal Buyer Protection policy or User Agreement of the country of registration of that buyer’s PayPal Account or otherwise) in favour of the buyer or the Payment Recipient. The final decision will always be communicated in writing (which may be by email). In the event that PayPal makes a final decision on the problem in favour of the buyer or Payment Recipient, each party must comply with PayPal’s final decision; and

    b. waive the terms and conditions of coverage under PayPal Buyer Protection (whether stated in this Agreement or otherwise, including, without limitation, the conditions of reimbursement at section 13.4) at any time and for any reason, for the purpose of facilitating the resolution of any problem raised by a buyer relating to a purchase paid for using PayPal. As a non-exhaustive guide, this may include allowing reimbursement for Disputes or Claims raised outside of the timeframes set out in section 13.5 for certain purchases (typically purchases agreed to be delivered or performed outside of the timeframe set out in section 13.5), where we have reason to believe that the buyer did not have a reasonable opportunity within that timeframe to determine that there was a problem with that purchase.

    PayPal is not obliged to reimburse you for any costs that you incur to comply with any of PayPal’s requests for cooperation for the purpose of resolving the problem (including, without limitation, costs that you incur to return a SNAD item to the Payment Recipient or another party as PayPal requests), although sometimes it may reimburse these costs.

    If you sell or market to buyers in other countries, please read the PayPal Buyer Protection policy of the countries in which your target buyers are based (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.


    13.2 Is PayPal Buyer Protection right for me? The outcome of any decision made by PayPal under PayPal Buyer Protection might not always be suitable for your particular needs and you should carefully read this section 13 and consider your options before using PayPal to resolve a problem. Please see below for a non-exhaustive list of ways of resolving your problem without involving PayPal.
    1. Resolve the problem directly with the Payment Recipient: Before contacting PayPal about a problem, you should contact the Payment Recipient directly to resolve the problem in accordance with the Payment Recipient’s return policy (if any) as stated on their eBay listing, website or other sales literature. If you do this:
      1. the conditions for reimbursement at section 13.4 will still apply (including, without limitation, the timeframe for raising a Dispute set out in section 13.5b).It is your responsibility to keep track of these deadlines; and
      2. there is a risk that the Payment Recipient may require you to take certain actions that could cause you to fail to meet the conditions for reimbursement at section 13.4 (for instance, if (whether as part of the Payment Recipient’s return policy or otherwise) the Payment Recipient directs you (and you proceed) to post an item that you purchased to an address that does not correspond with our record of the Payment Recipient’s address, we may determine that you have not posted the item back to the Payment Recipient in compliance with section 13.6).
      If you are a Payment Recipient, as you may be liable for any reimbursement made by PayPal to the buyer, you acknowledge that it is in your interests to resolve directly with the buyer any problem with a purchase paid for through PayPal.

    2. Your statutory/legal rights: You may wish to contact the European Consumer Centre (ECC-Net) at http://ec.europa.eu/consumers/redress_cons for advice on your consumer rights and other legal rights (if you are a UK resident you can also contact the Citizens Advice Bureau by visiting https://www.adviceguide.org.uk).

    3. Card chargeback rights: You may pursue your chargeback rights with your card company or card issuer (if they apply), but if you do so at the same time as pursuing the resolution of your problem (whether through a Claim or Dispute) under PayPal Buyer Protection or if you seek a double recovery, PayPal may close your Dispute or Claim and/or hold you liable for the amount you have been reimbursed under PayPal Buyer Protection, and you will have to rely solely on your chargeback rights.
    If PayPal is contacted to resolve a problem, PayPal may require you to take an irreversible action to resolve the problem, which might make it no longer practicable in the circumstances for you to resolve the problem in another way. For example, PayPal may require you to return the item to the Payment Recipient under section 13.6.

    13.3 What happens when PayPal makes a final decision in favour of the buyer…

    If am a buyer
    ? If PayPal makes a final decision on your problem (including, without limitation, a Dispute or a Claim) in your favour, PayPal may (but shall not be obliged to) reimburse you for the amount of the payment made through PayPal for the purchase (up to the full price of the purchase and (where applicable) original postage costs). Please see section 13.4 (Conditions for reimbursement) for details of the conditions of reimbursement.

    If I am a Payment Recipient?
    If PayPal makes a final decision on the buyer’s problem in the buyer’s favour, you will be liable to PayPal for the amount that PayPal may reimburse to the buyer. PayPal shall not be obliged to refund your PayPal or eBay fees associated with the transaction. In some cases (for instance, if you lose a SNAD Claim because the item you sold is counterfeit) you might not receive the item back from the buyer (for instance, it may be disposed of or otherwise irreversibly dealt with).

    13.4 Conditions for reimbursement

    You may be reimbursed under PayPal Buyer Protection for a problem with a purchase only if all of the following requirements are met:
    1. Your purchase is an eligible purchase. Purchases of most goods and services are eligible, except for purchases of the following :
      1. real estate (including, without limitation, residential property);
      2. businesses (including, without limitation, any items or services forming part of a business or corporate acquisition);
      3. vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircraft and boats);
      4. custom made items;
      5. goods and services prohibited by the PayPal Acceptable Use Policy;
      6. items that violate eBay’s Prohibited or Restricted Items Policy;
      7. industrial machinery used in manufacturing;
      8. items equivalent to cash (including, without limitation, gift cards);
      9. goods and services purchased using Zong, Website Payments Pro, Virtual Terminal or Personal Transaction payments;
      10. anything on eBay for which the listing does not contain a PayPal Buyer Protection message or an eBay Buyer Protection message (you can view this message in the listing after you complete your purchase by logging into your eBay account, going to “my eBay,” then “won”, and looking at the listing);

        and, unless you are purchasing as a registered UK resident user of PayPal:

      11. intangible items (including, without limitation, rights of access to digital content and other licences) ;
      12. services; and
      13. travel tickets (including, without limitation, airline flight tickets).
    2. You sent the payment for your purchase from your PayPal Account to the Payment Recipient’s PayPal Account:
      1. through:
        1. the eBay “Pay Now” button or the eBay invoice; or
        2. for purchases made outside of eBay: the Send Money tab applicable to payments for goods and/or services on the PayPal website or app, or the Payment Recipient's PayPal checkout flow (including, without limitation, the PayPal Location Based Payments Functionality, if used by the Payment Recipient); and
      2. in one instalment only. Purchases paid for in multiple instalments – like a deposit followed by a final payment – are not eligible.
    3. Your problem is either that:

      i. you did not receive your purchase– “Not Received” (“NR”); or
      ii. your purchase is “Significantly Not as Described” (“SNAD”). Further information on what we mean by “SNAD” is set out in section 13.9.

      If your problem is a transaction that you did not authorise (including, without limitation, a duplicate or incorrect payment when using the PayPal Location Based Payments Functionality), please see section 12 and visit the PayPal Security Centre at https://www.paypal.co.uk/security. You can report the problem via the PayPal Security Centre or here.

    4. You have followed the process described in section 13.5 (How do I resolve my problem?).

    5. PayPal has made a final decision on your problem in your favour.
    13.5 How do I resolve my problem?
    1. Try to resolve your problem directly with the Payment Recipient

      Use reasonable endeavours to resolve the problem directly with the Payment Recipient. If you are still unable to resolve the problem, go to the Online Resolution Centre and follow steps b, c and d.

    2. Open a Dispute

      Open a Dispute within 45 days (or, if you are claiming as a registered UK resident user of PayPal, 180 days)of the date on which you made the payment for the purchase you would like to dispute. We may refuse to accept any Dispute that you open in relation to that purchase after the expiry of that period (please be aware of this if you agree a delivery time of an item or performance of a service with the Payment Recipient that falls after the expiry of that period).

    3. Escalate the Dispute to a Claim

      If you and the Payment Recipient are unable to come to an agreement, escalate the Dispute to a Claim within 20 days of opening the Dispute.It is your responsibility to keep track of these deadlines.

      You must wait at least 7 days from the date of payment to escalate a Dispute for a purchase Not Received (NR), unless the Dispute is for 2,500 USD or more (or currency equivalent). To find the currency equivalent in any other currency (for example, GBP or Euro) at the time of transaction please log into your Account and use the “Currency Converter” tool located in your Account Overview.

      If you do not escalate the Dispute to a Claim within 20 days, PayPal may close the Dispute and you will not be eligible for a payment under the terms of PayPal Buyer Protection.

      In certain cases, PayPal may permit you to edit or change a Claim after filing only if you wish to add further information or if you wish to change the reason of your Dispute/Claim from “Not Received” to “Significantly Not as Described”. Otherwise you may not edit or change a Claim after filing it.

    4. Respond to PayPal’s requests in a timely manner

      Once a Dispute has been escalated to a Claim, PayPal may make a final decision on your problem in favour of the buyer or the Payment Recipient. Before (and for the purpose of) making a final decision on your problem, PayPal may request your cooperation in resolving the problem under section 13.6.
    13.6 Cooperating with PayPal to resolve the problem

    Whether you are the buyer or the Payment Recipient, for the purpose of resolving the problem, PayPal may request and require you to (and you shall in a timely manner): (i) provide documentary evidence (at your own expense, unless PayPal agrees otherwise) to support your position (including, without limitation, receipts, third party evaluations and police reports); and (ii) take any other action that PayPal specifies. If you refuse to comply with PayPal’s requests, PayPal may make a final decision in favour of the other party.

    As
    a non-exhaustive guide, PayPal may request and require:
    1. the buyer to post back to the Payment Recipient, to PayPal or to a third party (as PayPal may direct) an item that the buyer claims is SNAD and to provide Proof of Delivery (as set out in section 11.9 above). Please take reasonable precautions in re-packing the item to reduce the risk of damage to the item during transit.
    2. the Payment Recipient to accept back the item sent to it by the buyer and refund the buyer the full purchase price plus original postage costs. If the Payment Recipient refuses to accept an item sent back to the Payment Recipient by the buyer at PayPal’s direction), PayPal may award the Claim in favour of the buyer, provided the buyer has provided satisfactory evidence to PayPal that the item was sent to the Payment Recipient at an address supplied to the buyer by PayPal during the Claim process.
    3. the buyer to reasonably cooperate with PayPal to ensure the proper and safe disposal of an item and to provide evidence of its disposal.
    4. the Payment Recipient to present evidence that the Payment Recipient delivered to/performed for the buyer the purchase as agreed with the buyer. If the Payment Recipient presents such evidence, PayPal may find in favour of the Payment Recipient even if the buyer claims to have not received the purchase.
    13.7 What if my purchase is not eligible for re-imbursement under PayPal Buyer Protection?

    You may also look to resolve a problem directly with the Payment Recipient by filing a dispute through the PayPal Online Resolution Centre. To do so, you must file a Dispute in the PayPal Online Resolution Centre within 45 days (or, if you are claiming as a registered UK resident user. 180 days) of the date on which you sent the payment. Once you have done so, you should attempt to resolve the Dispute directly with the Payment Recipient. If your payment is not eligible under PayPal Buyer Protection, PayPal is not obliged to make a decision on the Claim.

    13.8 PayPal POS Functionality
    1. If you use any PayPal POS Functionality (including the PayPal Location Based Payments Functionality) in person at a physical point of sale (for example, in store) to pay (or agree to be invoiced for a payment) from your PayPal Account for your purchase (such purchase being a “POS Purchase”), we recommend that you inspect the POS Purchase (or if your POS Purchase is not a tangible item, review the details and specification of the POS Purchase as provided by the Payment Recipient) in the presence of the Payment Recipient at the time and place of sale wherever possible, so that you can deal immediately and directly with the Payment Recipient if any issues arise with the POS Purchase.

    2. You may open a Dispute alleging that an item paid for as a POS Purchase is SNAD, only if:
      1. the item was not made available to you for inspection immediately before you took possession of it (for instance, you took physical possession of the item when it was in its original intact and non-re-sealable packaging); and
      2. the item’s condition as SNAD only became apparent to you when you took possession of the item (for instance, you only discovered that the item was SNAD when opening the packaging for the first time at home).
    3. You may open a Dispute alleging that an item paid for as a POS Purchase is (and we may treat your item as) NR, only if:
      1. you agreed in writing with the Payment Recipient to receive the item at a time and/or place other than the physical point of sale; and
      2. the Payment Recipient did not make the item available to you as agreed.

    13.9 What is Significantly Not as Described (SNAD)?

    1. Your purchase is Significantly Not as Described if it is materially different from the last description of it that you received from the Payment Recipient before you paid for it (which, for exclusively online purchases, shall be taken to be the Payment Recipient’s description of the purchase in the relevant online listing) (“Purchase Description”). Here are some non-exhaustive examples:
      1. You received a completely different item. For instance, you purchased a book and received a DVD or an empty box or the software that you received was not the software that was sold to you.
      2. The condition of your purchase was misrepresented. For instance, the listing for an item said “new” and the item was used.
      3. Your purchase was advertised as authentic but is not authentic.
      4. Your purchase is missing major parts or features and the fact that these parts or features are missing was not disclosed in the listing.
      5. You purchased 3 items from a Payment Recipient but received only 2.
      6. Your purchase was damaged during postage.
    2. Your purchase is not Significantly Not as Described (SNAD) if it is not materially different from the Purchase Description. Here are some non-exhaustive examples:
      1. The defect in your purchase was correctly described by the Payment Recipient.
      2. Your purchase was correctly described but you didn't want it after you received it.
      3. Your purchase was correctly described but did not meet your expectations.
      4. The item that you purchased has minor scratches and was listed as used condition.
      5. An event you purchased tickets to was postponed.
    13.10 Assumption of rights

    If PayPal pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree to transfer and allow PayPal to have your rights, benefits and remedies against the recipient of your payment. This is known in legal terms for you to agree to “subrogate” or otherwise “assign” to PayPal your rights against the recipient and third parties related to the payment, and agree that we may pursue those rights, benefits and remedies directly or on your behalf, in PayPal’s discretion.

    13.11 No Double Recovery

    You may not file a Dispute/Claim, or receive a recovery, for a purchase under PayPal Buyer Protection if you have already received a recovery for that purchase directly from eBay, the Payment Recipient or another third party, or if you have already filed a case for that purchase with eBay, the Payment Recipient or another third party.

    13.12 Event tickets

    In certain cases, if you purchase a ticket or pay for the right to attend an event from a Payment Recipient who is a UK registered PayPal Account holder (“Event”), all monies paid by you may be held by PayPal on trust for you, so that the beneficial interest in such monies remains with you until the performance of the Event in question.”


  11. Reversals

    The definition of “Reversal” in section 15 is amended to clarify some of the causes of a payment that qualifies as a Reversal.  The amended definition reads as follows:

    ““Reversal” means a payment that you received which PayPal may reverse to the sender or another third party because the payment: (a) has been challenged by a buyer directly with their bank; and/or (b) has been removed from your Balance for any reason (other than a Chargeback or Claim pursuant to PayPal Buyer Protection), including, without limitation where (i) the payment violates our Acceptable Use Policy orwe reasonably suspect that the payment violates our Acceptable Use Policy; or (ii) the payment amount was not authorised by the sender with the relevant third party in connection with a valid third party initiated payment authorisation (see section 3.10); or (iii) the payment was funded by a bank transfer that was subsequently reversed by the bank for any reason; and/or (c) has been categorised by PayPal’s internal risk modelling as a risky payment required to be reversed to mitigate the risk associated with the payment. The term “Reversed” shall be construed accordingly. “


  12. Personal Transactions

    Note c. at the definition of “Personal Transaction” in Schedule 1 – Table of Fees is amended to reflect the fee payment options available to senders and recipients of Personal Transactions (with the sender paying the processing fee for a Personal Transaction by default, subject to certain exceptions).  Corresponding changes have been made to text introducing the table containing fees for Cross Border Personal Transactions.  The amended note c. at the definition of “Personal Transaction” reads as follows (presented in context with the root of the definition):

    “A "Personal Transaction" involves sending money (initiated from the “Personal” tab of the “Send Money” flow) to, and receiving money into your PayPal Account from, friends and family without making a purchase (that is, the payment is not for goods or services). If you are selling goods or services, you may not ask the buyer to send you a Personal Transaction payment for the purchase. If you do so, PayPal may remove your ability to accept any or all payments for Personal Transactions. Please also note that:


    c. when a fee applies to a Personal Transaction, the sender by default pays the fee, but certain functionality may require the recipient to pay the fee instead (for instance where that functionality allows the sender to decide that the recipient pays the fee). If you send a Personal Transaction payment from a third party (non PayPal) website or application then PayPal may allow the third party to determine if the sender or recipient of a Personal Transaction payment will pay the Personal Transaction fee. This will be disclosed to you by the third party.”


  13. Categories of countries for the calculation of processing fees for cross border payments

    A key determinant of the relevant processing fee for cross border payments is the region in which the sender’s PayPal account is registered. The Cross Border Fee regions (and their constituent countries) are as follows: We are adding and clarifying the status of certain countries in certain cross border fee regions.  Belarus, Georgia and Kosovo have been added to the Europe II region, the status of Macedonia and Moldova as members of the Europe II region has been clarified and the status of Monaco and Montenegro as members of the Europe I region has been clarified. The cross border fee regions (and their constituent countries) are as follows and are updated in the fee statements for cross border Personal Transactions and Commercial Transactions in Schedule 1 –Table of Fees:

    Northern Europe: Denmark, Faroe Islands, Finland (including Aland Islands), Greenland, Iceland, Norway, Sweden.

    Europe I: Austria, Belgium, Cyprus, Estonia, France (including French Guiana, Guadeloupe, Martinique, Reunion and Mayotte), Germany, Gibraltar, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Portugal, San Marino, Slovakia, Slovenia, Spain, United Kingdom (including Channel Islands and Isle of Man), Vatican City State.

    Europe II: Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kosovo,  Latvia, Liechtenstein, Lithuania, Macedonia, Moldova, Poland, Romania, Russia, Serbia, Switzerland, Turkey, Ukraine.

  14. Commercial Transaction Refund Fee

    We are adding a note on partial refunds in the section about the Commercial Transaction Refund Fee in Schedule 1 –Table of Fees, which reads as follows:

    Partial Refunds

    If you issue a partial refund of a Commercial Transaction payment, we will retain a pro-rated share of the Fixed Fee portion of the Commercial Transaction fee.

    Your buyer’s account will be credited with the amount you specify to be refunded to your buyer.

    We will debit from your account the pro-rated share of the amount initially credited to your account in connection with the Commercial Transaction payment and the pro-rated share of the fixed fee portion of the Commercial Transaction fee.”


  15. 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: May 14, 2014


Amendment to the PayPal Privacy Policy

  1. Information We Collect

    We are amending section 3 to outline details of further information that we may request from you when you use certain functionalities provided by us and to clarify the types of information about you and your business that we may collect relating to a transaction.

    The amended parts of section 3 read as follows (presented in context with the clause heading):

    “Required Information

    If you use certain functionalities provided by us (such as the PayPal POS Functionality available in your mobile app) we may ask you to upload a picture of you in order to provide these specific services. If we allow you to link your membership of an eligible loyalty scheme to your Account, we may require you to provide to us your loyalty scheme membership ID.

    Transaction Information

    When you use the PayPal Services to send money to someone else or request money from someone else, we ask you to provide information related to that transaction. This information includes the amount and type of the transaction (purchase of goods, purchase of services, or simple money transfer), other purchase details and the email address, Skype ID (if applicable) or phone number of the third party. Also, when you send money to another PayPal customer, you may be asked to provide personal details to that customer to complete the transaction. Those details may also be passed on to us from that customer. We retain this information for each of your transactions through the PayPal Services and may add this information to your account profile to be used for future transactions that you may make with us. We also collect the Internet address (IP address) and other identifying information about the computer or device you use to access your PayPal account or use the PayPal Services, in order to help detect possible instances of unauthorised transactions."

  2. Our Use and Disclosure of Information

    We are adding a new part to section 4, labelled “Content Posted by You for Publication”(beneath the part labelled “Internal Uses”). This paragraph outlines the licence and rights that you give to us and to all subsidiaries of eBay Inc. to use content that you post for publication using the PayPal Services. The new paragraph reads as follows:

    “Content Posted by You for Publication


    When providing us with content or posting content [(in each case for publication, whether on- or off-line)] using the PayPal Services, you grant eBay Inc, and its subsidiaries and subsidiary undertakings (which includes, without limitation, PayPal) (the “eBay Group”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the eBay Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the PayPal Services, and the eBay Group’s use of such content (including of works derived from it) in connection with the PayPal Services.


    The part of section 4 labelled “Disclosure to Other PayPal Customers” has been amended to clarify the circumstances in which we may share certain elements of your information. 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 use PayPal as means of logging into external websites or mobile apps, we may share your login status with any third party offering this Service as a login method, as well as the personal and other Account information that you consent to being shared so that the third party can recognise you. PayPal will not give such third party access to your PayPal Account and will only make payments from your Account to that third party with your specific authorisation. You can access, view and control the settings for any such data sharing with merchants when logged into your PayPal account.

    If you link your membership of an eligible loyalty scheme to your Account in our mobile app, we may share your loyalty scheme membership ID with any merchant participating in the relevant loyalty scheme when you pay that merchant using PayPal. If you remove your loyalty scheme membership ID from your Account, we will stop sharing this information.

    …”


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

    The main body of paragraph d. of the part of section 4 labelled “Disclosure to Third Parties other than PayPal Customers” is amended to explain that where you have consented to disclosure of your data to a third party listed in section 4, this will also include the third party’s assigns and successors (i.e. another party that steps into the place of the third party to perform its services to PayPal) The amended paragraph d. reads as follows (presented in context with the root clause):
     

    Disclosure to Third Parties other than PayPal Customers

    PayPal will not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent, and will only disclose this information in the limited circumstances and for the purposes described in this policy. This includes transfers of data to non-EEA member states. Specifically, you consent to and direct PayPal to do any and all of the following:

    d. Disclose information to the "Categories" of third parties listed in the table below. The purpose of this disclosure is to allow us to provide our services to you. We also set out in the table below, under each "Category", non-exclusive examples of the actual third parties (which may include their assigns and successors) to whom we currently disclose your account information, or to whom we may consider disclosing your account information over the next six months together with the purpose of doing so, and the actual information we disclose (except as explicitly stated, these third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information was shared).”

    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

    Customer Service Outsourcing  

    Attensity Europe GmbH  

    To provide customer services arising from customer contacts to PayPal on social media channels.  

    Information provided by the customer via social media channels which may include name, address, phone number, email addresses, social media user names, truncated and limited or full funding source information (case dependent), funding source expiration dates, type of PayPal account, proof of identity, account balance and transaction information, customer statements and reports, account correspondence, shipping information, and promotional information.  

    ePerformax Contact Centers & BPO (USA), Genpact International Inc. (USA)  

    To provide customer services regarding payments globally.

    Name, address, phone number, email addresses, truncated and limited or full funding source information (case dependent), funding source expiration dates, type of PayPal account, proof of identity, account balance and transaction information, customer statements and reports, account correspondence, shipping information, and promotional information.  

    Credit Reference and Fraud Agencies  

    LexisNexis, LexisNexis Risk Solutions UK Limited (UK)

    To assist with customer authentication

    Name, address and date of birth

    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 to 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. This information may also include IP addresses.

    MaxMind, Inc. (USA)  

    To detect fraud.

    Please note that data disclosed to this service provider may be:
    • retained by it for audit and fraud prevention purposes;
    • used by it for the purpose of optimising its fraud detection services provided to PayPal and other third parties; and
    • transferred outside of the EU and on a global basis.

     

    All account information and IP address, credit card information.

    Future Route Ltd (UK)  

    To carry out accounting data analysis of our commercial users for real time credit-risk evaluation.  

    Name, address, email address and date of birth.

    Financial Products  

    Total System Services, Inc. (USA)

    To process merchant initiated and customer authorised payments (including customer direct debit information) to provide account/card processing services, to store transaction, payment and other customer data related to those transactions. To provide call centre services, card printing, and statement printing services.  

    Name, address, email address, date of birth (where required), all account information and documents supplied by customers, to include information required to prove identity and address.  

    Marketing and Public Relations  

    Grayling Communications Limited (UK), Rock Communications (Italy), Fleisher (Israel), Clue PR (Poland).  

    To answer media enquiries regarding customer queries.

    Name, address, and all customer account information relevant to customer queries.

    Oracle America Inc. (USA)

    To develop, measure and execute marketing campaigns.

    Name, business name, address and registration number of merchant, name, job title, email address, phone number of merchant’s contact person, merchant website URL, PayPal account number, third party applications used by the merchant, behaviour on PayPal website.

    Foule Access SAS (France)  

    To store merchants' contact information for marketing communications to those merchants.

    Name of the merchant, name of the contact person, address, email address, phone number, merchant website URL.

    Appnexus, Inc. (US), BlueKai, Inc. (US), Conversant GMBH (Germany), Google Ireland, Ltd. (Ireland), DoubleClick Europe Ltd (UK).

    To execute retargeting campaigns in order to deliver personalised advertising.

    Anonymous ID generated by cookies, pixel tags or similar technologies embedded in webpages

    Criteo SA (France)

    To execute retargeting campaigns in order to deliver personalised advertising.

    Anonymous ID generated by cookies, pixel tags or similar technologies embedded in webpages and emails delivered to users.

    Linkedin Ireland Limited (Ireland)

    To execute retargeting campaigns in order to deliver personalised advertising.

    Encrypted e-mail address associated with PayPal users (without indicating account relationship).

    Conversant Inc. (USA)

    To execute and measure retargeting campaigns in order to identify visitors and redirect them though personalised advertising campaigns.

    PayPal Account ID (as appropriate) as well as device ID used by a specific person, content of advertisements to be delivered and segmentation in a user group for advertisement purposes.

    StrikeAd UK Ltd. (UK), Ad-x Limited (UK)

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

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

    Fiksu, Inc. (US)

    To execute and measure retargeting campaigns in order to segment users for marketing campaigns involving PayPal mobile applications.

    Device ID used for Apple’s iOS operating system when a user installs an application, signs up for the PayPal Services, logs in, checks in, or sets a profile picture.

     

    Nanigans, Inc. (US)

    To execute retargeting campaigns in order to deliver personalised advertising.

    Advertising ID associated with Apple iOS devices when a user installs an application, relaunches an application, signs up for the PayPal Services, logs in, checks in, checks their balance, saves an offer, successfully completes a transaction, sets a profile picture, or makes other account changes in or related to the use of the application.

    Facebook, Inc (USA), Facebook Ireland Limited (Ireland ) and Twitter, Inc. (USA)

    To show relevant advertisements to Facebook and Twitter users (as the case may be).

    Encrypted e-mail address associated with PayPal users (without indicating account relationship).  

    Purepromoter Ltd t/a Pure360  

    To send service related and (depending on opt-in settings) promotional SMS messages to PayPal users.

    Mobile Number, name, address, email address, business name, business contact details, domain name, account status, account type, account preferences, type and nature of the PayPal services offered or used and relevant transaction and account information.  

    Operational services 

    Kanzlei Dr. Seegers, Dr. Frankenheim & Partner Lawyers (Germany, Austria, Switzerland), Akinika Debt Recovery Limited (UK), Capita Plc (UK), Compagnie Francaise du Recouvrement (France), Clarity Credit Management Solutions Limited (UK), eBay Europe Services SARL (Luxembourg); EOS Solution Deutschland GmbH (Germany), EOS Aremas Belgium SA/NV (Belgium), EOS Nederland B.V. (Netherlands), Arvato Infoscore GmbH (Germany), , Infoscore Iberia (Spain), , SAS (France), Transcom WorldWide S.p.A. (Italy), Transcom Worldwide SAS (Tunisia), Intrum Justitia S.p.A. (Italy),  

    To collect debt.

    Name, address, phone number, account number, date of birth, email address, account type, account status, last four digits of financial instruments account, sort code, account balance, details of account transactions and liabilities, name of funding source provider and copies of all correspondence in each case relating to amounts you owe (or another person owes) to us .

    KSP Kanzlei Dr. Seegers (Germany), BFS Risk & Collection GmbH (Germany); HFG Hanseatische Inkasso- und Factoring-Gesellschaft (Germany),   BFS Risk and Collection GmbH (Germany), Team 4 Collect (Spain), Arvato Polska (Poland), BCW Collections Ireland Ltd (Ireland), S.C. Fire Credit S.R.L. (Romania), Gothia Financial Group AB (Sweden), Gothia AS (Sweden), Gothia A/S (Denmark), Gothia Oy (Finland), Credit Solutions Ltd (United Kingdom).  

    To collect debt; to handle reporting to credit reference agencies about defaulting customers.

    Name, address, phone number, account number, date of birth, email address, account type, account status, last four digits of financial instruments account, sort code, account balance, details of account transactions and liabilities, name of funding source provider, applicable details of account behaviour and copies of all correspondence (including without limitation, all correspondence relevant for reporting to credit reference agencies) in each case relating to amounts you owe (or another person owes) to us .

    Begbies Traynor Group plc (UK), Moore Stephens LLP (UK), Moore Stephens Ltd (UK), Moore Stephens International Ltd (UK), Moorhead James LLP (UK), Comas Srl (Italy), RBS RoeverBroennerSusat GmbH & Co. KG (Germany), LLC Elitaudit (Russia), National Recovery Service (Russia).

     

    To investigate (including, without limitation, to carry out asset and/or site inspections and/or business evaluations) and/or collect (and/or assist with the collection of) debt from potentially and actually insolvent customers

    Name, address, phone number, account number, date of birth, email address, account type, account status, last four digits of financial instruments account, sort code, account balance, details of account transactions and liabilities, name of funding source provider and copies of all correspondence, in each case relating to amounts you owe (or another person owes) to us .

    Hanseatische Inkasso-Treuhand GmbH (Germany)  

    To collect and manage debt, to support collections teams in case of insolvent customers

    Name, address, phone number, account number, email address, account type, account status, last four digits of financial instruments account, sort code and name of funding source provider, account balance, date and amount of last payment, results of creditworthiness checks

    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 to contracted fraud and credit reference agencies.

    All account information and documents supplied by customers such as proofs of identity and address

    Interxion Datacenters B.V.  

    To provide data centre operations support for the Bill Safe credit product.

    All relevant account information and transaction information (as appropriate).

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