1.2 "Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that NoFraud has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
2.1 How We Collect. We may collect personal information from you when you use or access our Services, including but not limited to, when you sign up for the Services, when you send us credit card and personal information of your customers, or when you otherwise correspond with us or other users in connection with your use of the Services.
2.2 What We Collect. The personal information we collect includes, but is not limited to, the following:
• Identifying information such as your name, address, phone numbers, and e-mail address;
• Financial information such as your bank account and credit card information;
• Information used to fulfill your transactions, such as the personal information of your customers;
• Device IDs or other unique identifiers;
• Usage statistics, page views, referral URLs, your IP address, and web log information; and
• Information collected via cookies and similar technologies.
3. USE, RETENTION, AND CORRECTIONS.
3.1 How We Use Personal Information. We will never sell personal information to third-parties for advertising or marketing purposes. Personal information you provide will be used to provide and improve the Services and to personalize the Services for you. This includes, but is not limited to, providing customer service, corresponding with you, and to protect the integrity and operation of the Services.
3.2 Duration of Retention. We will keep personal information you provide as long as there is a reasonable basis to do so, whether to enforce any relevant law, the provisions of any agreement, to resolve any past, current, or future dispute, or any other business, tax, or legal purpose. When we dispose of personal information, we will do so in a secure manner.
3.3 Corrections. You may request correction of any personal information that is incorrect by contacting us at firstname.lastname@example.org.
4. YOUR CHOICES.
4.1 You May Decline to Provide Information. You may decline to submit personal information and/or disable webpage cookies.
4.2 Effect of Declining to Provide Information. If you decline to submit personal information or any portion thereof, you may experience materially reduced Services quality, including but not limited to, the inability of NoFraud to validate Services transactions (which may result in your inability to make purchases) or provide chargeback protection. However, you acknowledge and agree that any resulting inability to provide the Services, or any resulting degradation thereof, shall not be grounds for any claim of breach, damages, or other liability; nor shall it in any way relieve you of your obligations to NoFraud.
4.3 You May Request Deletion of Personal Information. You may request that NoFraud delete personal information (either your own, or a third-party’s at said third-party’s request). However, you acknowledge and agree that doing so shall relieve and release NoFraud from any liability, obligation, claim, or other damages related to or arising from said personal information, including but not limited to any obligation with respect to any disputed transactions.
4.4 No Sensitive Information. You acknowledge and agree that the information you are providing to NoFraud for the purposes of performing the Services is not sensitive in nature (i.e., is not personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, etc.).
5. LEVEL OF SECURITY.
5.1 How Secure It Is. NoFraud shall use commercially reasonable measures inline with industry standards to protect your information, including but not limited to electronic and administrative safeguards designed to help make personal information secure. We will make reasonable attempts to provide you with notice in the event of a security breach.
6.1 When Will We Disclose Personal Information. We may share personal information with third-parties when necessary to provide the Services (such as to our vendors), when we have a good faith belief it is necessary by law or to respond to legal process, to protect the safety and lives of people, to protect the rights or property of NoFraud, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and with your consent. We shall not disclose personal information to third-parties for their advertising and marketing purposes absent your express consent.
6.2 Disclosure to Sub-Contractors and Agents. NoFraud may use the services of other companies in order to provide the Services. Such companies shall be given only the personal information needed to perform those services, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. We have contracts in place holding such companies to the same standards of confidentiality by which NoFraud is governed. NoFraud shall make commercially reasonable efforts to enforce such terms on such companies. However, NoFraud shall not be liable to you for such companies failure to adhere to such confidentiality terms.
7. PRIVACY SHIELD FRAMEWORK. The following terms apply solely to transfers of personal data from the EU or Switzerland to the U.S. in connection with NoFraud’s provision of the Services.
7.1 Participation. NoFraud participates in the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks (the “Frameworks”). NoFraud is subject to said Frameworks with respect to personal information transferred from the EU and/or Switzerland to the U.S. See the list of participating entities (including NoFraud) at the following URL: https://www.privacyshield.gov/list.
7.2. Commitment to the Framework. NoFraud is committed to subject to the Framework’ principles all personal data received from the EU in reliance on the Privacy Shield.
7.3 Your Right to Access Your Personal Data. NoFraud shall honor bona fide, reasonable requests of persons in the EU or Switzerland to obtain a copy of the personal data that NoFraud has on record for him/her.
7.4 Independent Dispute Resolution Body. Any disputes related to or arising from NoFraud’s participation in the EU-U.S. and Swiss-U.S. Frameworks shall be heard by the EU Data Protection Authorities or the Swiss Federal Data Protection and Information Commissioner, respectively. You my address complaints to such bodies and they will provide appropriate recourse free of charge to you.
7.5 Investigatory and Enforcement Powers. This Agreement and the Services are subject to the investigatory and enforcement powers of the FTC.
7.6 Binding Arbitration. Per the terms of the Frameworks, under certain circumstances you may invoke binding arbitration.
7.7 Onward Transfers. In cases of onward transfers of data, received pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield, NoFraud is potentially liable.
8. ADDITIONAL DISCLOSURES: CALIFORNIA.
8.1 California Residents. Under the California Consumer Privacy Act, or CCPA, Californa residents have certain rights regarding their data, including:
• To know the categories of personal information collected and disclosed and the sources from which such information was collected (see Section 2.2);
• The business purpose for using or sharing personal information (see Section 3.1);
• The categories of third parties with whom personal information has been and will be disclosed (see Section 6.2); and
• The ability to know and delete certain pieces of personal information (see below and Section 4).
8.2 Right to Know. If you are a California resident, you shall also have the right to know the specific pieces of personal information that NoFraud has about you.
8.3 Requests to Know and Requests to Delete. Please send such request to email@example.com; via the webform at the following link: https://www.nofraud.com/contact; or via the following toll-free telephone number: 888-773-3669.
9.2 Correcting Personal Information. You agree to notify NoFraud of personal information that you are aware has errors.
If there is a substantive or material change in the way that we use personal information, we will notify you via email of the relevant changes or provide other prominent notice.
9.5 Contact Us. If you have any questions, concerns, or complaints related to or regarding the above please contact us at firstname.lastname@example.org.