Third Party Terms of Service
USE OF THE VERIFI SITE
Access to and use of the Verifi Site is conditioned upon your compliance with all applicable international, federal, state and local laws and regulations. Unless specifically permitted otherwise, you may download materials displayed on the site for your own, personal, non-commercial use. You are not authorized to distribute, modify, copy, publish, display, sell, license, transmit, use, reuse, or create derivative works of any of the content or materials displayed on the Site for any commercial purpose without the explicit written consent of the Company.
Your use of this Site and the content set forth herein is conditioned upon you not conducting your business or engaging in the following: (1) any action that violates state, local, federal or international laws, statutes or ordinances, including but not limited to violations of the Credit Card Network rules and consumer protections law; (2) any business that infringes upon any patent, trademark, trade secret, tradedress, copyright or other proprietary right of any party; (3) any conduct that is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violates Company’s rules or policies; (4) use of any programs which contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, or improperly or illegally intercept the information and/or services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or damage or obtain unauthorized access to any data or other information of any third party that is provided by Company; or (5) any conduct which offers or disseminates fraudulent goods, services, schemes, or promotions or engages in any unfair deceptive act or practice. You acknowledge that the foregoing list is not exhaustive of all prohibited activities and actions but merely represents the types of activities that are not acceptable.
MODIFICATIONS TO THE SITE
Company reserves the right to amend these Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall become effective immediately after they are posted on this Site. Your continued use of the Site after amended Terms are posted, constitutes your acknowledgment of the Terms and any modifications thereto and your agreement to abide by and be bound by the Terms, and any amendments or modifications thereto. Should you object to any modifications of the Terms, then you are not permitted to use the Site.
INTELLECTUAL PROPERTY RIGHTS
The Content used and displayed on the Site, including but not limited to Verifi, Peace of Mind and the Intelligence Suite are the sole property of Company or its licensors and are protected by copyright, trademark and other laws intellectual property laws. In addition to its rights in individual elements of the content within the Site, Company owns tradedress, copyright and/or patent rights in the selection, coordination, arrangement and enhancement of such content. You may copy the content from the Site for your personal use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the content may be copied, displayed, distributed, downloaded, licensed, sublicensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express prior written permission of Company. To request permission you may contact Company via email at [email protected] By using this Site, you represent and warrant that your use of this Site and the content contained herein
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS
The Site contains links to third-party websites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. The company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
The information and services provided or referenced on this Site are provided “as is” and “as available”. Company does not represent or warrant that the Site will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus-free nor does Company make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any content or any information or products obtained through the Site or that defects in the Site will be corrected. You expressly acknowledge that this Site and the services are predominantly computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. Your use of the Site is at your own risk and Company assumes no liability or responsibility for any errors or omissions as of the content set forth on the Site.
DISCLAIMER/LIMITATION OF LIABILITY
To the fullest extent permissible under the applicable law, Company disclaims all warranties express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, liability or loss associated with access to any data or server owned or operated by Company. Without limiting the foregoing, Company, nor any officer, affiliate, director, shareholder, agent, contractor or employee shall not be liable to you or any other person or entity for (a) any indirect, special, incidental, consequential or exemplary damages of any kind arising out of the use or inability to use the Site including, without limitation, damages for loss of goodwill, lost profits, business interruptions, loss of programs or other data, even if Company has been advised of the possibility of such damages, damages, expenses or costs resulting directly or indirectly from or otherwise arising in connection with the Site, or (b) any claim attributable to errors, omissions or other inaccuracies related to this Site.
Additionally, you expressly agree that Company shall not be liable for any loss arising from infiltration of the Site by means of software viruses, Trojan horses, worms, time bombs, or any other software programs or technology designed or intended to disrupt, damage, intercept or expropriate data from you or the Site.
Except as otherwise limited herein, or within our Services Agreement, our liability to you or any third party in any circumstances under these terms shall be limited to the lesser of a) any amounts you have paid to us within the thirty (30) days prior to the claim giving rise to liability or b) $500.00.
Merchant agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries, expenses, attorneys’ fees (whether in-house or otherwise), costs or otherwise, directly or indirectly arising from or related to your use of this Site including acts or omissions and whether such conduct is negligent or intentional. Such conduct warranting defense and indemnity shall include but is not limited to: (a) use or improper use of the Site; (b) breach or alleged breach of any representation, warranty or other obligation; (c) violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) negligent or willful misconduct by you; (e) any violation of these Terms; or (f) your infringement of any intellectual property or other legal right. In the event that Company is fined or penalized by any of the Credit Card Associations or any other state, federal or regulatory agency, you agree that you will reimburse Company immediately for said fines and/or penalties.
These terms and the use of the Site shall be governed by, and construed in accordance with, the laws of the State of California without regard to the principles of conflicts of law. Jurisdiction and venue for any action, whether arbitration or otherwise shall be solely and exclusively in the County of Los Angeles, State of California and by entering this Site, you agree to in personam jurisdiction.
It is agreed that any conflicts arising out of or relating to these terms shall be solely and exclusively determined by binding arbitration. The neutral Arbitrator shall have the authority to entertain and determine all matters and disputes between the Parties, including the issuance of preliminary and/or permanent injunction, as well as awarding attorney’s fees (including in-house fees) and costs to the prevailing Party. Accordingly, all disputes and claims arising from this Agreement shall be determined by an arbitration instituted solely and exclusively in the County of Los Angeles, State of California, before a single neutral Arbitrator through Alternative Dispute Resolution Services, Inc., or a comparable alternative dispute resolution company, which shall be selected by the Party who initially files the claim. In the event that the Parties cannot agree upon the designation of the Arbitrator, the Arbitrator shall be a retired judge or justice of the California Superior Court or the United States District Court and shall be designated by the selected arbitration association. All fees for said arbitration shall be advanced and paid equally between the Parties unless otherwise determined by the Arbitrator.
WAIVER OF RIGHTS TO COURT PROCEEDING
You acknowledge that you are waiving your right to resolve any dispute within the judicial system. Notwithstanding, upon a final ruling by an arbitrator as set forth above, either Party may seek to enforce a final judgment in any Court of the County of Los Angeles, State of California or the United States District Court, Central District of California.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to civil or criminal penalties.
TERMINATION & EFFECT
Company may terminate access to the Site, with or without cause, at any time, and effective immediately. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is to immediately terminate use of the Site.
Company is the owner of the trademarks “Verifi”, “Peace of Mind”, “Merchant Co-Op”, and other trademarks that may be displayed on the Site from time to time. You are not authorized to use or display Company’s trademarks, attempt to claim ownership or otherwise claim any right, title or interest in Company’s trademarks.
Company has certain patents that are pending related to the technology and Services provided by Company. By accessing this Site and/or utilizing the services offered on this Site, you agree that you are specifically precluded from attempting to claim any ownership, right, title or interest in Company’s pending and/or registered patents.
Verifi has a number of issued patents and pending patent applications in the US and in foreign countries protecting its products/services. Specifically, the Dispute Resolution System and Method is protected by U.S. Patent Nos. 7,941,352, 8,275,705 and 8,566,235.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and an applicable Agreement, whether for Services, CDRN or otherwise, the latter agreements shall govern.
GENERAL PERFORMANCE CLAIMS
Cardholder Dispute Resolution Network™ (CDRN): Results may vary on a case by case basis. Terms subject to contractual provisions.
Chargeback Representment: Percentage of funds recovered in no guaranteed. Success is determined on a case-by-case basis and is dependent upon various factors outside of Verifi’s control. For standalone services, certain terms and conditions may apply and not all merchants will qualify.
Decline Salvage: Results are not guaranteed. Success is determined on a case-by-case basis and is dependent upon various factors outside of Verifi’s control. For standalone services, certain terms and conditions may apply and not all merchants will qualify.
THE ETHOCA CODE OF FAIR INFORMATION PRACTICES
Version 1.3, October 28, 2009
Ethoca understands that respecting the privacy of the data that has been entrusted to Ethoca is of paramount importance to the success of the Global Fraud-Fighting Community.
Ethoca is therefore dedicated to maintaining the accuracy, confidentiality, security and privacy of all such data.
Ethoca, therefore, operates in accordance the Ethoca Code of Fair Information Practices (“Ethoca Code”). The Ethoca Code formally states the principles Ethoca follows in protecting and respecting the Private Information (defined below) in Ethoca’s care. The Ethoca Code has specifically been developed and is adhered to, in a manner that meets and exceeds industry best practices with respect to privacy.
Ethoca will continue to review the Ethoca Code on, at least an annual basis, to make sure it remains current with changing technologies, laws and evolving needs of the Community.
SCOPE OF APPLICABILITY
The Ethoca Code of Fair Information Practices (“Ethoca Code”) applies to data entrusted to Ethoca by members of the Global Fraud-Fighting Community while actively participating in the Global Fraud-Fighting Community (“Private Information”). This includes all transaction data that is passed to Ethoca for evaluating or for use in evaluating the risk-of-loss associated with any transaction.
For the avoidance of doubt and without limitation, the Ethoca Code does not apply to data that is provided to Ethoca by members of the Global Fraud-Fighting Community (the “Community”) that is not provided as part of their participating in the Community. This includes items such as business terms between Ethoca and the member, business contacts of the Member, or business related communications between the member and Ethoca.
The Ethoca Code of Fair Information Practices (the “Ethoca Code”) has been drafted to be in agreement with the AICPA/CICA Generally Accepted Privacy Practices. It incorporates the ten principles defined therein. Ethoca’s practices as contained in the Ethoca Code are found below.
PRINCIPLES AND PRACTICES
Principle 1 – Management
Ethoca maintains a privacy program which has been constructed in conjunction with the AICPA Generally Accepted Privacy Principles. Specifically:
- Ethoca maintains internal privacy controls to ensure that data cannot be accessed nor used for any purposes other than as necessary to assist the Community’s fight against fraud and other types of unwanted transactional activity, and to reduce Community Members losses attributable to such activity (collectively the “Allowable Uses”). Allowable Uses includes, but is not limited to:
- Using historical transaction activity to evaluate the risk of fraud of a transaction currently being attempted.
- Using the collection of data elements associated with a given transaction for the purposes of evaluated the risk of fraud associated with a transaction currently being attempted.
- Using velocity of activity attributable to the various data elements of a given transaction to evaluate the risk of non-payment associated with a transaction currently being attempted.
- Ethoca’s privacy program is administered by Ethoca’s Chief Privacy Officer and all Employees are educated as to Ethoca’s Privacy obligations.
- Ethoca is registered as a Data Processor with the Irish Data Protection Commissioner.
Principle 2 – Notice
Ethoca works with Members to help ensure that the Private Information provided to Ethoca has been collected in a manner that provides adequate notice to the Community Members customers (“Customers”) of the manner in which their data will be used by the Community. Specifically:
Principle 3 – Choice and Consent
Ethoca works with Members to help ensure that all Private Information provided to Ethoca is done with the appropriate knowledge and consent of a Customer. Specifically:
- Ethoca provides Community members (Members) sample consent language, appropriate to their jurisdiction, that can be used in their transacting processes.
- No community member is required to send any data to Ethoca for which appropriate consent has not been obtained.
- Participation the Community is entirely voluntary.
Principle 4 – Collection
Ethoca works with Members to help ensure that the information is collected by fair and lawful means and Ethoca limits its use of information collected to the Allowable Uses. Ethoca only collects information that is relevant for the Acceptable Uses.
Principle 5 – Use and Retention
Ethoca does not use or disclose the Private Information for purposes other than the Acceptable Uses. Further, Ethoca ensures that the collaboration it empowers is done so in a manner that does not allow Members access to any Private Information that a given Member has not provided to the Community. Ethoca retains information only as long as necessary for the fulfillment of those purposes. Specifically:
- Community members, at all times, maintain control the data they have provided to Ethoca.
- Ethoca acts on any instruction of a Member with respect to the Private Information the Member has provided to Ethoca.
- If a Member leaves the Community, all the data provided to Ethoca by the Member will be destroyed, removed or returned to the Member and will no longer continue to be utilized by the Community.
- Ethoca performs ongoing analysis of the data such that data is not kept beyond the date of its effectiveness in supporting the Allowable Uses. Data that is no longer required to support the Allowable Uses will be destroyed.
- Members of the Community are contractually bound to only use the information they receive from their participation in the Community for the Allowable Uses.
Principle 6 – Access
Ethoca makes readily available to Community members and Customers information about its policies and practices relating to the Private Information and facilitates resolution of disputes to the accuracy of any Private Information held by Ethoca. Specifically:
- Ethoca has a formal Dispute Resolution Policy that Community Members follow in the outworking of any Customer dispute with respect to the Private Information. The Dispute Resolution Policy is administered with the Member as the first line of communication with the Customer but provides for direct communication between Ethoca and the Customer in resolving any disputes. The Dispute Resolution Policy has been developed to facilitate full, reasonable, and clear disclosure of information to the Customer while continuing to ensure that the Member never has access to any Private Information that the Member has not provided to the Community.
- Community Members cannot obtain any Private Information that has been submitted to Ethoca by any other member.
Principle 7 – Disclosure to Third Parties
Disclosure of Private Information in all instances is limited to the minimum required to support the Acceptable Uses. Specifically, this may include to a company or individual employed by Ethoca to perform functions on its behalf, such as research or technical support, consulting or auditing firms. In no event will such disclosures be made to any party with any less data protections than Ethoca has in place and only under contractual terms that strictly limit the disclosure for Acceptable Uses.
Ethoca will also disclose Private Information where such disclosure is required by law.
Principle 8 – Security for Privacy
Ethoca protects personal information by security safeguards appropriate to the sensitivity of the Private Information. Specifically:
- Private Information is labelled with the highest degree of sensitivity within Ethoca and, as such, is stored and transferred with the strictest safeguards that Ethoca employs.
- Ethoca is Payment Card Industry (PCI) compliant, is audited to the PCI standard each year, and is registered as PCI compliant Service Provider to the Payment Card Industry. All Private Information is handled in accordance with the PCI standard.
- Ethoca maintains its technology and business processes in strict compliance with the Ethoca Information Security Policy.
- The Ethoca Information Security Policy is reviewed and updated at least annually to help ensure that Industry best practices are always being utilized.
Principle 9 – Quality
Ethoca has instituted a Data Integrity Verification Program which has been developed to help ensure that the Private Information provided to Ethoca by Community Members is accurate. In the outworking of this program Ethoca works with members of the Community to identify any suspect information and correct any inaccuracies as required.
Principle 10 – Monitoring and Enforcement
- Ethoca has engaged third party auditors to audit Ethoca’s ongoing compliance with the Ethoca Code.
- Appointed a Chief Privacy Officer who is responsible internally for strategic oversight and coordination of Ethoca’s privacy protection and compliance efforts. The Chief Privacy Officer is responsible for:
- Promptly relaying any credible evidence of or reports concerning violations of Ethoca Codes or security policy or law to the appropriate investigative authorities.
- Providing information as necessary to Community members and Employees about existing and emerging legal and compliance requirements with respect to privacy and related best practices.
- Supporting security and privacy awareness and education program efforts.
- Supporting the monitoring and enforcement of privacy and security policies, and adoption of and adherence to best practices.
- Supporting the development, implementation, and maintenance of information systems security and privacy policies and procedures where required in various areas, units, and functions in the business operation.
- Acting as an advocate for budget and resource requests related to ensuring the maintenance effective information privacy and security programs.
- Ensuring that appropriate audit services and reporting are in place to detect violations and to evaluate the effectiveness of privacy and security policies and of compliance activities.