Effective Date: 14 February 2024
PayPal Braintree, as a part of the PayPal family, has made changes to our privacy statement to ensure a look and feel that is consistent with the PayPal privacy statement. There are no substantive changes to the privacy statement or our use of your personal information. We encourage you to review the privacy statement in its entirety by accessing the Legal page of our website.
Effective Date: 20 October 2022 for existing Merchants or immediately for Merchants who sign up on or after 20 September 2022
We are updating the Braintree Payment Services Agreement for our services in Hong Kong to reflect that PayPal is a data controller for payment processing and fraud services.
Effective Date: July 27, 2022 for existing Merchants, and immediately for new Merchants:
Effective Date: March 31, 2022.
The rate for receiving payments from American Express will be adjusted from 3.50% per transaction to 2.59% + $0.49 USD per transaction.
Effective Date: December 10, 2021.
We are updating our PayPal Data Protection Addendum to incorporate the new Standard Contractual Clauses that were adopted by the European Commission in June, 2021. The addendum also incorporates the UK standard contractual clauses.
Effective Date: November 10, 2021.
We are updating the Braintree Payment Services Agreement for all UK and EU/EEA Merchants who sign up on or before November 10, 2021. The changes will not be effective for Irish Merchants. The changes will be effective on November 10, 2021. You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Pricing page for your applicable region on our website. By continuing to use our services after the changes take effect, you agree to be bound by them. In the event you decline these changes, you should close your account prior to the effective date and these changes will not apply to you.
The changes are as follows:
Effective Date: October 1, 2021 for existing US Merchants or immediately for US Merchants who sign up after August 31, 2021
The Braintree data protection provisions have been updated to reflect that PayPal is now a “Business” under the California Consumer Privacy Act for the provision of the Braintree Services. You can access the full text of these changes on the PayPal Data Protection Addendum.
Effective Date: August 2, 2021.
Effective Date: July 6, 2021 for existing EU and UK Merchants or immediately for EU and UK Merchants who sign up on or after May 4, 2021 – The changes do not apply to Irish Merchants.
We are updating the Braintree Payment Services Agreement for all EU and UK Merchants who sign up on or after May 4, 2021, or July 6, 2021 for existing EU and UK Merchants. The changes will not be effective for Irish Merchants. The changes will automatically go into effect on July 6, 2021 if you signed up for Braintree before May 4, 2021. You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Payment Services Agreement for your applicable region on the Legal page of our website. In the event you decline the changes to these agreements, you should close your account prior to the applicable effective date(s) and these changes will not apply to you.
The changes are as follows:
Braintree Payment Services Agreement
Effective Date: March 30, 2021 for existing Merchants or immediately for Merchants who sign up on or after January 29, 2021.
We are updating the Braintree Payment Services Agreement in the United States to include EU Standard Contractual Clauses if and to the extent the Merchant transfers EU customer data to a PayPal Group Entity organized outside in a country outside of the EU which has not been issued an adequacy decision.
Effective Date: from 1 January 2021, for all EU Merchants
We are updating the Braintree Payment Services Agreement for all EU Merchants with effect from 1 January 2021. There is no action needed from you, as the changes will automatically go into effect on 1 January 2021. You should review this Policy Update which gives you a summary of the changes that are being made. EU Merchants can review the full text of the changes by accessing the Payment Services Agreement for your applicable region on the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
Effective Date: 1 December 2020 for existing Merchants or immediately for Merchants who sign up on or after 29 September 2020
We are updating the Braintree Payment Services Agreement for our services outside of the United States to reflect that PayPal is a data controller for payment processing and fraud services. Our privacy statement was updated, effective 31 July 2020 if you signed up before 23 March 2020 or effective immediately if you signed up on or after 23 March 2020, to reflect our change as a data controller for these activities. There is no action needed from you, as the changes will automatically go into effect on 1 December 2020. In the event you decline the changes to these agreements, you should close your account prior to the applicable effective date(s) and these changes will not apply to you.
Effective Date: Immediately for all EU Merchants who sign up on or after 29 September 2020
We are updating the Braintree Payment Services Agreement for all EU Merchants who sign up on or after 29 September 2020. There is no action needed from you, as the changes will automatically go into effect on 29 September 2020. You should review this Policy Update which gives you a summary of the changes that are being made. EU Merchants can review the full text of the changes by accessing the Payment Services Agreement for your applicable region on the Legal page of our website. In the event you decline the changes to these agreements, you should close your account prior to the applicable effective date(s) and these changes will not apply to you.
The changes are as follows:
Braintree Payment Services Agreement
Effective Date: July 31, 2020 for existing US Merchants or immediately for all new US Merchants
We are updating the Payment Services Agreement and Venmo Services Terms applicable to all US Merchants to better align with recent US data protection laws. There is no action needed from you as the changes will automatically go into effect on July 31, 2020. In the event you decline the changes to these terms, you should close your account prior to the applicable effective date(s) and these changes will not apply to you. You can review the full text of the changes by accessing the Legal page of our website.
Effective Date: 11 April 2020 for existing Merchants in Europe or immediately for all new Merchants in Europe.
First Merchant Processing (Ireland) - dac (trading as “AIB Merchant Services”) is making the changes described below that will be applicable to all Merchants. These changes will become effective on 11 April 2020 for existing Merchants in Europe (or immediately for all new Merchants in Europe). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you. You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows: AIB Merchant Services Standard Terms and Conditions * AIB Merchant Services has updated its settlement options to enable AIB Merchant Services to credit transaction proceeds to a Hyperwallet settlement account, if available and if requested by the Merchant, rather than to the Merchant’s bank account. * AIB Merchant Services has updated the Merchant’s and AIB Merchant Services’s obligations under the regulatory requirement of PSD2.
Effective Date: December 23, 2019 for existing US Merchants or immediately for all new US Merchants
Braintree is making the changes described below that will be applicable to all US Merchants. These changes will become effective on December 23, 2019 for existing US Merchants (or immediately for all new US Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the description of “Fraud Maintenance Tools” to reflect that Braintree may proactively enable fraud tools on the Merchant’s behalf to help detect fraudulent transaction activity.
To ensure Merchants grant Braintree direct debit authorization for the deduction of fees and other amounts owed, we’ve added a penalty if the Merchant does not grant such authorization.
For the chargeback reduction services that Braintree offers, we’ve added a new chargeback maintenance fee for those merchants that have excessive chargebacks, as further described in the Payment Services Agreement.
Given Braintree’s potential risk of loss associated with Merchant losses, we’ve included a provision which requires the Merchant to deliver to Braintree a letter of credit in accordance with the terms as further described in the Payment Services Agreement.
To reflect the requirements of the California Consumer Privacy Act (“CCPA”), we’ve added a new Exhibit B which outlines Braintree’s responsibilities as Service Provider under CCPA.
Effective Date: 23 December 2019 for existing Canadian Merchants or immediately for all new Canadian Merchants
Braintree is making the changes described below that will be applicable to all Canadian Merchants. These changes will become effective on 23 December 2019 for existing Canadian Merchants (or immediately for all new Canadian Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
Moneris Solutions Corporation Commercial Entity Agreement
Moneris has updated its settlement options to enable Moneris to credit transaction proceeds to a Hyperwallet settlement account, if available and if requested by the Merchant, rather than to the Merchant’s bank account.
Moneris has updated the Merchant’s responsibility for losses resulting from Moneris crediting transaction proceeds to a Hyperwallet settlement account.
Effective Date: 23 January 2019 for existing EU Merchants or immediately for all new EU Merchants
Braintree is making the changes described below that will be applicable to all EU Merchants. These changes will become effective on 23 January 2019 for existing EU Merchants (or immediately for all new EU Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
Effective Date: 23 December 2019 for existing Australian Merchants or immediately for all new Australian Merchants
Braintree is making the changes described below that will be applicable to all Australian Merchants. These changes will become effective on 23 December 2019 for existing Australian Merchants (or immediately for all new Australian Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the description of “Fraud Maintenance Tools” to reflect that Braintree may proactively enable fraud tools on the Merchant’s behalf to help detect fraudulent transaction activity.
We’ve clarified Merchants’ responsibility and obligation to indemnify Braintree for applicable taxes, including Goods and Services Tax (GST).
Effective Date: 23 December 2019 for existing Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants or immediately for all new Australian Merchants
Braintree is making the changes described below that will be applicable to all Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants. These changes will become effective on 23 December 2019 for existing Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants (or immediately for all new Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the description of “Fraud Maintenance Tools” to reflect that Braintree may proactively enable fraud tools on the Merchant’s behalf to help detect fraudulent transaction activity.
We’ve clarified Merchants’ responsibility and obligation to indemnify Braintree for applicable taxes, including Goods and Services Tax (GST).
Effective Date: 23 December 2019 for existing Hong Kong Merchants or immediately for all new Hong Kong Merchants
Braintree is making the changes described below that will be applicable to all Hong Kong Merchants. These changes will become effective on 23 December 2019 for existing Hong Kong Merchants (or immediately for all new Hong Kong Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the description of “Fraud Maintenance Tools” to reflect that Braintree may proactively enable fraud tools on the Merchant’s behalf to help detect fraudulent transaction activity.
We’ve clarified Merchants’ responsibility and obligation to indemnify Braintree for applicable taxes, including Goods and Services Tax (GST).
Effective Date: September 23, 2019 for existing US Merchants or immediately for all new US Merchants
Braintree is making the changes described below that will be applicable to all US Merchants. These changes will become effective on September 23, 2019 for existing US Merchants (or immediately for all new US Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the notice periods which apply to amendments to the Payment Services Agreement which reduce the Merchant’s rights or increase the Merchant’s responsibilities.
We’ve clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
Given Braintree’s potential risk of loss associated with a Merchant bankruptcy, we have included and updated several provisions to more clearly reflect Braintree’s position as a creditor in the event a Merchant files for bankruptcy.
We’ve added a new provision which outlines Braintree’s role as a payment processor for the sale of goods or services (including charitable services) by Merchants.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal, Venmo and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchant accounts that have had no activity for a period of 12 months or longer.
Wells Fargo Bank Commercial Entity Agreement (US)
Effective Date: 23 September 2019 for existing Canadian Merchants or immediately for all new Canadian Merchants
Braintree is making the changes described below that will be applicable to all Canadian Merchants. These changes will become effective on 23 September 2019 for existing Canadian Merchants (or immediately for all new Canadian Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the notice periods which apply to (a) new fees and fee increases related to debit and credit card transactions, and (b) amendments to the Payment Services Agreement which reduce the Merchant’s rights or increase the Merchant’s responsibilities.
We’ve clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal, Xoom and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchants accounts that have had no activity for a period of 12 months or longer.
Effective Date: 23 October 2019 for existing EU Merchants or immediately for all new EU Merchants
Braintree is making the changes described below that will be applicable to all EU Merchants. These changes will become effective on 23 October 2019 for existing EU Merchants (or immediately for all new EU Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve further clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchants accounts that have had no activity for a period of 12 months or longer.
We’ve deleted the terms applicable to the iDEAL Payments Service due to the fact that iDEAL is now available to merchants through PayPal’s Local Payment Methods functionality.
Effective Date: 23 September 2019 for existing Australian Merchants or immediately for all new Australian Merchants
Braintree is making the changes described below that will be applicable to all Australian Merchants. These changes will become effective on 23 September 2019 for existing Australian Merchants (or immediately for all new Australian Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the notice periods which apply to amendments to the Payment Services Agreement which reduce the Merchant’s rights or increase the Merchant’s responsibilities.
We’ve clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal, Xoom and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchants accounts that have had no activity for a period of 12 months or longer.
Effective Date: 23 September 2019 for existing Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants or immediately for all new Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants
Braintree is making the changes described below that will be applicable to all Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants. These changes will become effective on 23 September 2019 for existing Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants (or immediately for all new Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the notice periods which apply to amendments to the Payment Services Agreement which reduce the Merchant’s rights or increase the Merchant’s responsibilities.
We’ve clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchants accounts that have had no activity for a period of 12 months or longer.
Effective Date: 23 September 2019 for existing Hong Kong SAR, China Merchants or immediately for all new Hong Kong SAR, China Merchants
Braintree is making the changes described below that will be applicable to all Hong Kong SAR, China Merchants. These changes will become effective on 23 September 2019 for existing Hong Kong SAR, China Merchants (or immediately for all new Hong Kong SAR, China Merchants). In the event you would prefer to decline the changes and close your account, you can do so prior to the effective date and the changes will not apply to you.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text of the changes by accessing the Legal page of our website.
The changes are as follows:
Braintree Payment Services Agreement
We’ve clarified the notice periods which apply to amendments to the Payment Services Agreement which reduce the Merchant’s rights or increase the Merchant’s responsibilities.
We’ve clarified the description of the “Braintree Payment Services”, including product functionality with respect to the bank-sponsored merchant account and fraud protection tools available through Braintree.
As a result of PayPal’s acquisition of Hyperwallet, Braintree can enable the payout of settlement funds to a Hyperwallet settlement account, where available, rather than to the Merchant’s bank account, if the Merchant chooses to do so. As a result, we have updated the language describing the payout of processing funds.
We’ve added a new provision which imposes time limits on Merchants to review and raise discrepancies regarding Braintree account activity.
To ensure compliance with applicable law and the card network rules, we’ve clarified the Merchant’s obligations with respect to providing disclosures and obtaining consents for recurring billing transactions or storing customer cards with Braintree.
For Merchants who use other PayPal services besides Braintree, including PayPal and Hyperwallet, we’ve added a right for Braintree to offset Payouts amounts from the Braintree services to cover any past due amounts owed by Merchants for such other services.
To address the risk and administrative burdens associated with maintaining inactive merchant accounts, we have included a new provision which outlines Braintree’s process for closing any bank-sponsored merchants accounts that have had no activity for a period of 12 months or longer.
Effective Date: February 08, 2019 for existing New Zealand merchants and immediately for all new New Zealand merchants
Braintree is making some changes to its New Zealand Commercial Entity Agreement that will be applicable to all New Zealand merchants. The updated Commercial Entity Agreement will become effective on the Effective Date for existing New Zealand merchants and immediately for all new New Zealand merchants. If you are an existing New Zealand merchant and you do not agree to these changes, you must close your Braintree account before the Effective Date.
This Policy Update provides a summary of the changes that are being made. You can review the full text by visiting the updated New Zealand Bank Agreement.
The changes are as follows:
Section 1.E
This section is amended and will now read: “Surcharges. Merchant is permitted to impose a surcharge on card transactions, provided that (i) the surcharge is clearly disclosed to the customer before the transaction is completed; (ii) the customer is given the opportunity to cancel the transaction without incurring any cost; (iii) the amount of the surcharge does not exceed the Merchant's reasonable costs of card acceptance and is not greater than the Merchant’s Service Fee rate;(iv) the surcharge is applied on a flat rate or percentage basis; (v) the surcharge does not include the cost of accepting any non Visa or Mastercard transaction; (vi) the surcharge amount is clearly disclosed on the transaction receipt; (vii) the surcharge must be charged by the Merchant that supplies the goods or services; (viii) the surcharge will not differ between issuers; (ix) the surcharge is added to the transaction amount and not collected separately; (x) the Merchant does not describe the surcharge as, or inform the cardholder that the surcharge is, assessed by Visa, Mastercard or a Financial Institution, (xi) Merchant agrees that it will not impose surcharges on debit card transactions. (xii) the Merchant must register with Braintree prior to implementing surcharging functionality.”
Section 5
This section is added and reads as follows: “Fees. Merchant authorizes the Member to debit from the Merchant’s nominated account the following amounts:
Section 6
This section is added and reads as follows: “Chargebacks. Merchant shall use all reasonable methods to resolve disputes with Merchant's customers. Should a chargeback dispute occur, Merchant shall promptly comply with all requests for information from BNZ. Merchant shall not attempt to recharge a customer for an item that has been charged back, unless the customer has authorized such actions. Merchant is liable for all chargebacks that are resolved in favor of the customer, and agrees that we may debit any such chargebacks from Merchant’s settlement funds or any other account that Merchant holds with us.”
Section 7
This section is added and reads as follows: “7. Term and Termination. This CEA is effective upon the date Merchant accepts the terms and conditions set out herein and continues so long as Merchant uses the Braintree Service (“Services”) or until terminated by Merchant or Member, provided that those terms which by their nature are intended to survive termination (including without limitation, indemnification and chargeback obligations and limitations of liability) shall so survive termination. This CEA may be terminated by Member at any time based on a breach of any of Merchant’s obligations hereunder or for any other reason that Member or Processor deem exceptional. This CEA will terminate automatically upon any termination of Merchant’s PSA.”
Section 19
This section is added and reads as follows: “Your personal information and privacy. Member may collect personal information (as defined in the Privacy Act 1993) for the purpose of providing you with the services to be provided by Member under this agreement, managing and administering your service and for identifying you and protecting or investigating any fraud or crime or suspected fraud or crime. If you don't provide your personal information to us where we require it, Member may not be able to provide you with the service or to effectively manage or administer the service. Member may collect your personal information directly from you, or from Braintree or from other sources where legal to do so. Member may disclose your personal information to Braintree and to third parties service providers engaged by Member in connection with providing, managing or administering the service. Member's privacy policy, available at www.nab.com.au/privacy contains information about how you can access your personal information held by Member, how you can correct information held by Member and how you can make a complaint about a privacy issue.”
Section 21
This section is added and reads as follows: Association Disclosure; Member Bank information: Member, Bank of New Zealand Limited, may be contacted by mail at: Level 4, 80 Queen Street, Auckland.
Section 22
This section is added and reads as follows: “Important Member Bank Responsibilities:
Section 23
This section is added and reads as follows: “Important Merchant Responsibilities:
Effective Date: 1 February 2019 for existing Canadian Merchants currently processing with Moneris Solutions Corporation or immediately for all new Canadian Merchants processing with Moneris Solutions Corporation on or after 1 February 2019.
Braintree has entered into an updated agreement with Moneris as part of our efforts to continually improve the Braintree Payment Services for our merchants. Under this new arrangement, there will be a change to the Moneris Merchant Agreement Terms and Conditions, effective 1 February 2019. The revised Moneris terms and conditions applicable to your use of the Braintree Payment Services will be called the Moneris Solutions Corporation Commercial Entity Agreement and are posted on the Legal section of the Braintree website. No changes will be made at this time to your processing or pricing.
If you do not agree to the revised Commercial Entity Agreement, you may close your account before 1 February 2019.
No action is needed on your part at this time. If you have any questions or concerns regarding these updates, please don’t hesitate to reach out to [email protected].
Effective Date: December 15, 2018 for existing US Merchants or immediately for all new US Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all US Merchants. The Updated Braintree Payment Services Agreement will become effective on December 15, 2018 for existing US Merchants (or immediately for all new US Merchants). If you do not agree to these changes, you may close your Braintree account before December 15, 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting a new paragraph immediately below the existing paragraph and will now read:
Effective Date: 14 January 2019 for EU Merchants or immediately for all new EU Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all EU Merchants. The Updated Braintree Payment Services Agreement will become effective on 14 January 2019 for EU Merchants (or immediately for all new EU Merchants). If you do not agree to these changes, you may close your Braintree account before 14 January 2019.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting a new paragraph immediately below the existing paragraph and will now read:
Effective Date: 15 December 2018 for existing Merchants or immediately for all new Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Merchants in Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland. The Updated Braintree Payment Services Agreement will become effective on 15 December 2018 for existing Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 15 December 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting a new paragraph immediately below the existing paragraph and will now read:
Effective Date: 15 December 2018 for existing Australian Merchants or immediately for all new Australian Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Australian Merchants. The Updated Braintree Payment Services Agreement will become effective on 15 December 2018 for existing Australian Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 15 December 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting a new paragraph immediately below the existing paragraph and will now read:
Effective Date: 15 December 2018 for existing Canadian Merchants or immediately for all new Canadian Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Canadian Merchants. The Updated Braintree Payment Services Agreement will become effective on 15 December 2018 for existing Canadian Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 15 December 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting a new paragraph immediately below the existing paragraph and will now read:
Effective Date: 15 December 2018 for existing Hong Kong SAR, China Merchants or immediately for all new Hong Kong SAR, China Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Hong Kong SAR, China Merchants. The Updated Braintree Payment Services Agreement will become effective on 15 December 2018 for existing Hong Kong SAR, China Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 15 December 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes are as follows:
Section 6.2
This section is amended and will now read: “Braintree agrees to comply with the applicable Payment Card Industry Data Security Standard ("PCI DSS"). Braintree acknowledges that it is responsible for the security of cardholder data it possesses or otherwise stores, processes or transmits on behalf of the Merchant, or to the extent that Braintree could impact the security of the cardholder data environment.”
Exhibit A – Attachment 1
Sub-heading entitled ‘Sub-processor List’ is amended by inserting two new paragraphs immediately below the existing paragraph and will now read:
Effective Date: 23 October 2018 for EU Merchants or immediately for all new EU Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all EU Merchants. The Updated Braintree Payment Services Agreement will become effective on 23 October 2018 for EU Merchants (or immediately for all new EU Merchants). If you do not agree to these changes, you may close your Braintree account before 22 October 2018.
You should review this Policy Update which gives you asummary of the changesthat are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The main changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
In addition to the changes made to the wording under Exhibit B (listed below) we have(a) deleted ‘(i) prior to 25 May 2018, EU Directive 95/46/EC;’ from the definition for “Data Protection Laws” – the remaining two references are renumbered as roman numeral (i) and (ii) and (b) removed Century Link as a sub-processor.
Changes for the purposes of Fraud Maintenance Tools:
Section 1
Fraud Maintenance Tools included as a newly defined term.
New section 1.03 inserted which details the service description and definition for Fraud Maintenance Tools: ‘“1.03 Fraud Maintenance Tools”The optional tools made available as part of the Payment Processing Services that, if enabled by you, allow you to access fraudulent transaction management features to help detect fraudulent transactions, as described in more detail on our website (“Fraud Maintenance Tools”). If you decide to enable and use our Fraud Maintenance Tools, you are responsible for setting preferences for the Fraud Maintenance Tools. It is your responsibility to determine which Transactions you will accept or reject based on the information provided by the Fraud Maintenance Tools. It is your sole responsibility to provide any necessary notices or disclosures and obtain any required consents, on the use of Fraud Maintenance Tools to your customers on your website or mobile application. You shall use the Fraud Maintenance Tools in accordance with the applicable guides and other documentation made available by us, and you shall not use or permit others to use information obtained through the use of the Fraud Maintenance Tools for any purpose other than in conjunction with the Payment Processing Services and in a manner described in the documentation for the Fraud Maintenance Tools. You acknowledge and agree that Braintree does not represent or warrant that the Fraud Maintenance Tools are error free or that they will identify all fraudulent transaction activity. In addition, Braintree shall not be liable whether you decide to accept or reject a Transaction using the Fraud Maintenance Tools. You are responsible for all final actions or inactions you take on Transactions that may be fraudulent based on responses or data provided by the Fraud Maintenance Tools.’
Exhibit A – Part 3
Definition
Exhibit B
Definition for “Customer Data” is updated and will now read: “Customer Data” means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
Heading for paragraph 2 is amended and will now read: “Processingof Merchant Data in Connection with the Services”.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposes as provided for in the Braintree Privacy Policy:”There are no further changes to paragraph 2.1.
2.3 through to 2.8 is deleted from paragraph 2 and now covered under paragraph 3.
Heading for paragraph 3 is amended and will now read “Processing of customer data in connection with the services”.
The deleted paragraphs 2.3 through to 2.8 are now inserted under paragraph 3.1.
New sub-paragraph 3.2 is inserted and entitled “Data processor terms”.
The existing sub-paragraph 3.1 is now renumbered as 3.2.
Attachment 3 – collection of Device ID and Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Effective Date: 22 September 2018 for existing Canadian Merchants or immediately for all new Canadian Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Canadian Merchants. The Updated Braintree Payment Services Agreement will become effective on 22 September 2018 for existing Canadian Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 22 September 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
The changes are as follows:
Section 1
New section 1.01(a) is amended and will now read: ‘“Payment Processing Services” means the payment processing services offered by Braintree which provide merchants with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application. These services include Gateway Services, a bank-sponsored merchant account, Fraud Maintenance Tools (as defined below), recurring billing functionality, payment card storage, foreign currency acceptance, white glove customer support, and other software, APIs and services and technology as described on the Braintree website. The Payment Processing Services also may include services provided by Acquirer pursuant to your applicable Bank Agreement. Braintree and Acquirer reserve the right to allocate among themselves their respective rights and obligations under this Agreement and the Bank Agreement as they deem appropriate in their sole discretion and subject to compliance with applicable law and regulations and the requirements of the Associations.’
Fraud Maintenance Tools included as a newly defined term.
New section 1.01(c)inserted which details the service description and definition for Fraud Maintenance Tools: ‘“Fraud Maintenance Tools” means the optional tools made available as part of the Payment Processing Services that, if enabled by you, allow you to access fraudulent transaction management features to help detect fraudulent transactions, as described in more detail on our website (“Fraud Maintenance Tools”). If you decide to enable and use our Fraud Maintenance Tools, you are responsible to determine which Transactions you will accept or reject based on the information provided by the Fraud Maintenance Tools. It is your sole responsibility to provide any necessary notices and disclosures, and obtain any required consents, on the use of the Fraud Maintenance Tools to your Customers on your website or mobile application. You shall use the Fraud Maintenance Tools in accordance with the applicable guides and other documentation made available by us, and you shall not use or permit others to useinformation obtained through the use of the Fraud Maintenance Tools for any purpose other than in conjunction with the Payment Processing Services and in a manner described in the applicable documentation for the Fraud Maintenance Tools. You acknowledge andagree that Braintree does not represent or warrant that the Fraud Maintenance Tools are error free or that they will identify all fraudulent transaction activity. In addition, Braintree shall not be liable whether you decide to accept or reject a Transaction using the Fraud Maintenance Tools. You are responsible for all final actions or inactions you take on Transactions that may be fraudulent based on responses or data provided by the Fraud Maintenance Tools.’
Section 6.03
Exhibit A – Data Protection Addendum
Definition for “Customer Data” is updated and will now read: “Customer Data”means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposes as provided for in the Braintree Privacy Policy:”There are no further changes to paragraph 2.1.
New 2.8 is inserted immediately after 2.7 and reads as follows: “Merchant undertakes to provide all notices and obtain all consents necessary for Braintree’s use of Merchant Data and Customer Data set out above.”
Exhibit A – Attachment 3
“The payment processing services offered by Braintree which provides Merchant with the ability to accept credit cards, debit cards, and other payment methods on a websiteor mobile application from Customers.
The payment processing services include the optional use of Fraud Maintenance Tools by Merchant to detect fraudulent transactions.”
“Braintree processes Customer Data that is sent by the Merchant to Braintree for purposes of obtaining verification or authorization of the Customer’s payment method as payment to the Merchant for the sale goods or services.
Braintree processes Customer Data that is collected by Braintree or sent from Merchant to Braintree for the purposes of Braintree making the Fraud Maintenance Tools available to Merchant. Braintree collects, processes and uses Customer Data on behalf of Merchant in order to analyze the Customer Data and use it to identify fraudulent transactions on Merchants’ websites or mobile applications as further described in the Payment Services Agreement.”
Sub-heading entitled ‘Type of personal data’. Collection of Device Dataand Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Sub-heading entitled ‘Special categories of data (if relevant). The wording under this sub-heading is amended to include ‘processing’ and will now read “The transfer and processing of special categories of data is not anticipated’.
Exhibit B – Definitions
Effective Date: September 22, 2018 for existing US Merchants or immediately for all new US Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all US Merchants. The Updated Braintree Payment Services Agreement will become effective on September 22, 2018 for existing US Merchants (or immediately for all new US Merchants). If you do not agree to these changes, you may close your Braintree account before September 22, 2018.
You should review this Policy Update which gives you a summary of the changesthat are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
The changes are as follows:
Section 1
Fraud Maintenance Tools included as a newly defined term.
New section 1.01(c)inserted which details the service description and definition for Fraud Maintenance Tools: ‘“Fraud Maintenance Tools” means the optional tools made available as part of the Payment Processing Services that, if enabled by you, allow you to access fraudulent transaction management features to help detect fraudulent transactions, as described in more detail on our website (“Fraud Maintenance Tools”). If you decide to enable and use our Fraud Maintenance Tools, you are responsible to determine which Transactions you will accept or reject based on the information provided by the Fraud Maintenance Tools. It is your sole responsibility to provide any necessary notices and disclosures, and obtain any required consents, on the use of the Fraud Maintenance Tools to your Customers on your website or mobile application. You shall use the Fraud Maintenance Tools in accordance with the applicable guides and other documentation made available by us, and you shall not use or permit others to use information obtained through the use of the Fraud Maintenance Tools for any purpose other than in conjunction with the Payment Processing Services and in a manner described inthe applicable documentation for the Fraud Maintenance Tools. You acknowledge and agree that Braintree does not represent or warrant that the Fraud Maintenance Tools are error free or that they will identify all fraudulent transaction activity. In addition, Braintree shall not be liable whether you decide to accept or reject a Transaction using the Fraud Maintenance Tools. You are responsible for all final actions or inactions you take on Transactions that may be fraudulent based on responses or data providedby the Fraud Maintenance Tools.’
Section 6.03
Exhibit A – Data Protection Addendum
Definition for “Customer Data” is updated and will now read: “Customer Data” means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposes as provided for in the Braintree Privacy Policy: ”There are no further changes to paragraph 2.1.
New 2.8 is inserted immediately after 2.7 and reads as follows: “Merchant undertakes to provide all notices and obtain all consents necessary for Braintree’s use of Merchant Data and Customer Data set out above.”
Exhibit A – Attachment 3
“The payment processing services offered by Braintree which provides Merchant with theability to accept credit cards, debit cards, and other payment methods on a website or mobile application from Customers.
The payment processing services include the optional use of Fraud Maintenance Tools by Merchant to detect fraudulent transactions.”
“Braintree processes Customer Data that is sent by the Merchant to Braintree for purposes of obtaining verification or authorization of the Customer’s payment method as payment to the Merchant for the sale goods or services.
Braintree processes Customer Data that is collected by Braintree or sent from Merchant to Braintree for the purposes of Braintree making the Fraud Maintenance Tools available to Merchant. Braintree collects, processes and uses Customer Data on behalf of Merchant in order to analyze the Customer Data and use it to identify fraudulent transactions on Merchants’ websites or mobileapplications as further described in the Payment Services Agreement.”
Sub-heading entitled ‘Type of personal data’. Collection of Device Dataand Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Sub-heading entitled ‘Special categories of data (if relevant). The wording under this sub-heading is amended to include ‘processing’ and will now read “The transfer and processing of special categories of data is not anticipated’.
Exhibit B – Definitions
Effective date: 22 September 2018
National Australia Bank has made changes to the Commercial Entity Agreement. You can access the amended National Australia Bank Commercial Entity Agreement here.
Effective Date: 22 September 2018 for existing Australian Merchants or immediately for all new Australian Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Australian Merchants. The Updated Braintree Payment Services Agreement will become effective on 22 September 2018 for existing Australian Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 22 September 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
The changes are as follows:
Section 1
Fraud Maintenance Tools included as a newly defined term.
New section 1.01(c) inserted which details the service description and definition for Fraud Maintenance Tools: ‘“Fraud Maintenance Tools” means the optional tools made available as part of the Payment Processing Services that, if enabled by you, allow you to access fraudulent transaction management features to help detect fraudulent transactions, as described in more detail on our website (“Fraud Maintenance Tools”). If you decide to enable and use our Fraud Maintenance Tools, you are responsible to determine which Transactions you will accept or reject based on the information provided by the Fraud Maintenance Tools. It is your sole responsibility to provide any necessary notices and disclosures, and obtain any required consents, on the use of the Fraud Maintenance Tools to your Customers on your website or mobile application. You shall use the Fraud Maintenance Tools in accordance with the applicable guides and other documentation made available by us, and you shall not use or permit others to use information obtained through the use of the Fraud Maintenance Tools for any purpose other than in conjunction with the Payment Processing Services and in a manner described in the applicable documentation for the Fraud Maintenance Tools. You acknowledge and agree that Braintree does not represent or warrant that the Fraud Maintenance Tools are error free or that they will identify all fraudulent transaction activity. In addition, Braintree shall not be liable whether you decide to accept or reject a Transaction using the Fraud Maintenance Tools. You are responsible for all final actions or inactions you take on Transactions that may be fraudulent based on responses or data provided by the Fraud Maintenance Tools.’
Section 6.03
Definitions
Exhibit A – Data Protection Addendum
Definition for “Customer Data” is updated and will now read: “Customer Data” means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposesas provided for in the Braintree Privacy Policy:”There are no further changes to paragraph 2.1.
New 2.8 is inserted immediately after 2.7 and reads as follows: “Merchant undertakes to provide all notices and obtain all consents necessary for Braintree’s use of Merchant Data and Customer Data set out above.”
Exhibit A – Attachment 3
Sub-heading entitled ‘Subject-matter of the processing’ is amended by inserting a new paragraph immediately below the exiting paragraph and will now read:
“The payment processing services offered by Braintree which provides Merchant with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application from Customers.
The payment processing services include the optional use ofFraud Maintenance Tools by Merchant to detect fraudulent transactions.”
“Braintree processes Customer Data that is sent by the Merchant to Braintree for purposes of obtaining verification or authorization of the Customer’s payment method as payment to the Merchant for the sale goods or services.
Braintree processes Customer Data that is collectedby Braintree or sent from Merchant to Braintree for the purposes of Braintree making the Fraud Maintenance Tools available to Merchant. Braintree collects, processes and uses Customer Data on behalf of Merchant in order to analyze the Customer Data and useit to identify fraudulent transactions on Merchants’ websites or mobile applications as further described in the Payment Services Agreement.”
Sub-heading entitled ‘Type of personal data’. Collection of Device Dataand Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Sub-heading entitled ‘Special categories of data (if relevant). The wording under this sub-heading is amended to include ‘processing’ and will now read “The transfer and processing of special categories of data is not anticipated’.
Effective Date: 22 September 2018 for existing Merchants or immediately for all new Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Merchants in Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland. The Updated Braintree Payment Services Agreement will become effective on 22 September 2018 for existing Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 22 September 2018.
You should review this Policy Update which gives you a summary of the changesthat are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
The changes are as follows:
Section 1
Section 6.03
Exhibit A – Data Protection Addendum
Definition for “Customer Data” is updated and will now read: “Customer Data”means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposes as provided for in the Braintree Privacy Policy: ”There are no further changes to paragraph 2.1.
New 2.8 is inserted immediately after 2.7 and reads as follows: “Merchant undertakes to provide all notices and obtain all consents necessary for Braintree’s use of Merchant Data and Customer Data set out above.”
Exhibit A – Attachment 3
“The payment processing services offered by Braintree which provides Merchant with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application from Customers.
The payment processing services include the optional use of Fraud Maintenance Tools by Merchant to detect fraudulent transactions.”
“Braintree processes Customer Data that is sent by the Merchant to Braintree for purposes of obtaining verification or authorization of the Customer’s payment method as payment to the Merchant for the sale goods or services.
Braintree processes Customer Data that is collected by Braintree or sent from Merchant to Braintree for the purposes of Braintree making the Fraud Maintenance Tools available to Merchant. Braintree collects, processes and uses Customer Data on behalf of Merchant in order to analyze the Customer Data and use it to identify fraudulent transactions on Merchants’ websites or mobile applications as further described in the Payment Services Agreement.”
Sub-heading entitled ‘Type of personal data’. Collection of Device Dataand Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Sub-heading entitled ‘Special categories of data (if relevant). The wording under this sub-heading is amended to include ‘processing’ and will now read “The transfer and processing of special categories of data is not anticipated’.
Exhibit B – Definitions
Effective Date: 22 September 2018 for existing Hong Kong SAR, China Merchants or immediately for all new Hong Kong SAR, China Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Hong Kong SAR, China Merchants. The Updated Braintree Payment Services Agreement will become effective on 22 September 2018 for existing Hong Kong SAR, China Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before 22 September 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The changes to our Payment Services Agreement will enable us to collect data for the purposes of providing card transaction fraud screening services as part of our Braintree Services which we now refer to as Fraud Maintenance Tools.
The changes are as follows:
Section 1
Section 6.3
Exhibit A – Definitions
Exhibit B – Data Protection Addendum
Definition for “Customer Data” is updated and will now read: “Customer Data”means the personal data that (i) the Customer provides to Merchant and Merchant passes on to Braintree through the use by the Merchant of the Braintree Payment Services and (ii) Braintree collects from the Customer’s device and browser through use by the Merchant of the Braintree Payment Services.
2.1 will now read: “Braintree is the controller in respect of Merchant Data and may use it for the following purposes as provided for in the Braintree Privacy Policy:”There are no further changes to paragraph 2.1.
New 2.8 is inserted immediately after 2.7 and reads as follows: “Merchant undertakes to provide all notices and obtain all consents necessary for Braintree’s use of Merchant Data and Customer Data set out above.”
Exhibit B – Attachment 3
Sub-heading entitled ‘Subject-matter of the processing’ is amended by inserting a new paragraph immediately below the exiting paragraph and will now read:
“The payment processing services offered by Braintree which provides Merchant with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application from Customers.
The payment processing services includethe optional use of Fraud Maintenance Tools by Merchant to detect fraudulent transactions.”
“Braintree processes Customer Data that is sent by the Merchant to Braintree for purposes of obtaining verification or authorization of the Customer’s payment method as payment to the Merchant for the sale goods or services.
Braintree processes Customer Data that is collected by Braintree or sent from Merchant to Braintree for the purposes of Braintree making the Fraud Maintenance Tools available to Merchant. Braintree collects, processes and uses Customer Data on behalf of Merchant in order to analyze the Customer Data and use it to identify fraudulent transactions on Merchants’ websites or mobile applications as further described in the Payment Services Agreement.”
Sub-heading entitled ‘Type of personal data’. Collection of Device Dataand Browser Data shall be as detailed under the Fraud Maintenance Tools documentation made available by Braintree from time to time.
Sub-heading entitled ‘Special categories of data (if relevant). The wording under this sub-heading is amended to include ‘processing’ and will now read “The transfer and processing of special categories of data is not anticipated’.
Effective Date: 25 May 2018 for all merchants
We have also issued a new Braintree Services Privacy Policy. This new Privacy Policy is specific to our Braintree Services and will replace our current Privacy Policy for PayPal Services. We updated the new Privacy Policy to reword some content to make our practices easier to understand. This new Privacy Policy explains the personal data we collect and how we use it across our service and it also brings PayPal privacy practices in line with the EU General Data Protection Regulation. We encourage you to familiarise yourself with the new Privacy Policy, which can be found under the Legal section of our website entitled ‘Privacy Policy’.
Effective Date: May 25, 2018 for existing Canadian merchants and immediately for all new Canadian merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Canadian merchants. The updated Payment Services Agreement will become effective on the Effective Date for existing Canadian merchants and immediately for all new Canadian merchants. If you are an existing Canadian merchant and you do not agree to these changes, you must close your Braintree account before the Effective Date.
This Policy Update provides a summary of the changes that are being made. You can review the full text by visiting the updated Braintree Payment Services Agreement and Privacy Policy.
We are revising the Payment Services Agreement to ensure that it is compliant with the Code of Conduct for the Credit and Debit Card Industry in Canada, including by providing a cover page which provides information on key elements of the contract, such as the effective date, how to terminate the agreement and how to file a complaint.
We are also revising the Payment Services Agreement to ensure that we are compliant with new European regulations on data protection on how the personal data of EU persons is collected, processed, transferred and deleted.
Effective Date: May 25, 2018 for existing US Merchants or immediately for all new US Merchants
Payment Services Agreement
Braintree is making some changes to its Payment Services Agreement that will be applicable to all US Merchants. The Updated Braintree Payment Services Agreement will become effective on May 25, 2018 for existing US Merchants (or immediately for all new US Merchants). If you do not agree to these changes, you may close your Braintree account before May 25, 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing the Updated Braintree Payment Services Agreement.
The main changes to our Payment Services Agreement are because of changes required by the General Data Protection Regulation (“GDPR”), a new regulation in the EU that defines standards on how the personal data of EU persons is collected, processed, transferred and deleted. We have also made changes to the wording under Data Security Compliance. A summary of these changes is set out below.
6.02 Data Security Compliance
We have deleted ‘on behalf of Braintree’ which appeared at the end of the first sentence.
8.02 Data Portability
We have moved this section to Section 3.14 of Exhibit A.
6.04 Data Protection and Exhibit A – Data Protection Addendum
We have included a new Exhibit A to outline Merchant’s and Braintree’s obligations under GDPR as data controller and data processor, respectively. To highlight, Exhibit A provides as follows:
Effective Date: 25 May 2018 for existing Australian Merchants or immediately for all new Australian Merchants
Payment Services Agreement
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Australian Merchants. The Updated Braintree Payment Services Agreement will become effective on 25 May 2018 for existing Australian Merchants (or immediately for all new Australian Merchants). If you do not agree to these changes, you may close your Braintree account before 25 May 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing the Updated Braintree Payment Services Agreement.
Our Payment Services Agreement is changing because of the General Data Protection Regulation (“GDPR”), which defines standards on how the personal data of EU persons is collected, processed, transferred and deleted. The GDPR is relevant to you and Braintree because you may accept one or more payments from an EU person through our services. Under the GDPR, we must enter into an agreement to protect the personal data of EU persons. This is contained in a new Exhibit A.
Exhibit A outlines yours and Braintree’s rights and obligations under GDPR as data controller and data processor, respectively. To highlight, Exhibit A provides as follows:
Effective Date: May 25, 2018 for existing Merchants or immediately for all new Merchants
Payment Services Agreement
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Merchants in Singapore, Malaysia, New Zealand, Andorra, Croatia, Iceland, Monaco and Switzerland. The Updated Braintree Payment Services Agreement will become effective on May 25, 2018 for existing Merchants (or immediately for all new Merchants). If you do not agree to these changes, you may close your Braintree account before May 25, 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing the Updated Braintree Payment Services Agreement.
The most substantial changes to our Payment Services Agreement are because of changes required by the General Data Protection Regulation (“GDPR”), a new regulation in the EU that defines standards on how the personal data of EU persons is collected, processed, transferred and deleted. A summary of these and all other changes is set out below.
1.01 Braintree Payment Services
We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.
3.01 Restricted activities
We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from (i) Showing preference for or discriminating one card brand or type over another and (ii) billing or collecting from any cardholder any payment on a card without having a right to under the card association rules.
6.02 Data Security Compliance
We have deleted ‘on behalf of Braintree’ which appeared at the end of the first sentence. In addition, we’ve added data security terms outlining (i) Merchant responsibility for reporting data breaches and ensuring accurate processing of customer data and (ii) Braintree’s responsibility for PCI DSS compliance and the security of cardholder data.
6.06 Trademark License
We’ve added a requirement that upon expiration or termination of the Payment Services Agreement, Merchant must immediately cease the display, advertising and use of all trademarks of the card associations.
8.02 Data Portability
We have moved this section to Section 3.14 of Exhibit A.
6.04 Data Protection and Exhibit A – Data Protection Addendum
We have included a new Exhibit A to outline Merchant’s and Braintree’s obligations under GDPR as data controller and data processor, respectively. To highlight, Exhibit A provides as follows:
Effective Date: 25 May 2018 for existing Hong Kong SAR, China Merchants or immediately for all new Hong Kong SAR, China Merchants
Payment Services Agreement
Braintree is making some changes to its Payment Services Agreement that will be applicable to all Hong Kong SAR, China Merchants. The Updated Braintree Payment Services Agreement will become effective on 25 May 2018 for existing Hong Kong SAR, China Merchants (or immediately for all new Hong Kong SAR, China Merchants). If you do not agree to these changes, you may close your Braintree account before 25 May 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing the Updated Braintree Payment Services Agreement.
Our Payment Services Agreement is changing because of the General Data Protection Regulation (“GDPR”), which defines standards on how the personal data of EU persons is collected, processed, transferred and deleted. The GDPR is relevant to you and Braintree because you may accept one or more payments from an EU person through our services. Under the GDPR, we must enter into an agreement to protect the personal data of EU persons. This is contained in a new Exhibit B.
Exhibit B outlines yours and Braintree’s rights and obligations under GDPR as data controller and data processor, respectively. To highlight, Exhibit B provides as follows:
Effective Date: 25 May 2018 for EU Merchants or immediately for all new EU Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all EU Merchants. The Updated Braintree Payment Services Agreement will become effective on 25 May 2018 for EU Merchants (or immediately for all new EU Merchants). If you do not agree to these changes, you may close your Braintree account before 25 May 2018.
You should review this Policy Update which gives you a summary of the changes that are being made. You can review the full text by accessing Updated Braintree Payment Services Agreement.
The main changes to our Payment Services Agreement are because of changes required by the General Data Protection Regulation (GDPR).
We have also made changes to the wording under Fees and Data Security Compliance.
2.01 Fees:
In exchange for us providing you with the Braintree Payment Services, you agree to pay us the fees and other amounts shown in your merchant statement. If you are a prospective merchant interested in learning more about fees, please visit our website where you will find all applicable fees for your use of the Braintree Services. We may revise fees at any time upon prior notice to you. You must refer to your statement for your current fees, which prevail over those detailed on our website. Your statement may be accessed through the Braintree Dashboard. All applicable fees are due and payable immediately upon settlement of the applicable Payout Amount. 6.01 Data Security Compliance:
We have deleted ‘on behalf of Braintree’ which appeared immediately after (“Cardholder Information”); we have also deleted ‘entrusted to Merchant’ which appeared at the end of the first paragraph.
8.02 Data Portability.
Exhibit B
Effective Date: 1 December 2017
We have made changes to Clause 2.01 (Fees) of the Australian Payment Services Agreement, which allows Braintree to revise fees at any time with at least 30 days' prior notice. You can access the amended Australian Payment Services Agreement here.
Effective Date: 13 January 2018 for EU Merchants or immediately for all new EU Merchants
Braintree is making some changes to its Payment Services Agreement that will be applicable to all EU Merchants. The Updated Braintree Payment Services Agreement will become effective on 13 January 2018 for EU Merchants (or immediately for all new EU Merchants). If you do not agree to these changes, you may close your Braintree account before 13 January 2018. You should review this Policy Update to better understand the changes that are being made.
The main changes to our Payment Services Agreement are as a result of changes required by the Payment Services Directive 2 but we’ve also made some general changes.
We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.
We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:
We’ve added information on our currency conversion process and that we reserve our right to revise our fees and charge for additional information provided to you in a different way. We have also updated our wording around tax and your responsibilities. The revised terms now state as follows:
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PayPal is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
We’ve included new terms applicable to American Express acceptance through Braintree, which applies to all Merchants except those with a direct card acceptance agreement with American Express. These terms state as follows:
We’ve included new terms applicable to China UnionPay acceptance through Braintree. These terms state as follows:
We’ve included new terms applicable to the iDEAL Payment Product provided by Braintree. These terms state as follows:
1. Interpretation and definitions
The provision of the iDEAL Payment Product shall be governed by Exhibit C as well as the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy as supplemented or modified by Exhibit C.
iDEAL payments have a different functionality than credit or debit card payments. Therefore, unless otherwise specified therein, the terms of the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy shall apply mutatis mutandis to the iDEAL Payment Product.
In case of inconsistencies between the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy, and for purposes of the iDEAL Payment Product only, Exhibit C shall prevail.
In addition to the definitions from the Braintree Payment Services Agreement EU that are applicable mutatis mutandis, the following modifications and new terms shall apply to the iDEAL Payment Product:
2. Features of the iDEAL Payment Product
a. The iDEAL Payment Product includes the following features:
Payment processing. Upon initiation of a Transaction by Payor, Braintree shall (i) forward Payor to the online banking offered by the Issuer Bank selected by Payor, (ii) allow Payor to login to his bank account with the Issuer Bank and make from his bank account a SEPA credit transfer for the respective Transaction Amount, (iii) provide Merchant with a payment confirmation or, as the case may be, a notification that payment was not successful (as applicable), (iv) accept the Transaction Amount and (v) disburse the Payout Amount to Merchant.
iDEAL Payment Solution. Braintree shall provide the Merchant with an application programming interface (API) solution that allows the Merchant to enable its Payors to initiate Transactions (the “iDEAL Payment Solution”). In addition, Braintree shall provide Merchant with access to all payments processed via the Braintree Dashboard.
The iDEAL Payment Product is only available if the Payor’s bank account with an Issuer Bank from which the Transaction Amount shall be charged was established in one of the countries/regions listed in Schedule 1.
b. Transaction
By allowing Payor to initiate a Transaction, Merchant authorizes Braintree to receive the Transaction Amount in Braintree’s own name.
The Transaction Expiry Period shall be set to 30 minutes unless the Merchant requests a period which is less than 30 minutes in which case the Transaction Expiry Period shall be as requested by the Merchant. Best practice on Transaction Expiry Period is detailed under the Braintree Merchant Developer Documentation.
c. Settlement; Reversals
Braintree shall, on a weekly basis or as otherwise agreed between Braintree and the Merchant, pay to the Merchant’s bank account the aggregate of all Payout Amounts (net of Reversals, Refunds, and any other amounts due to Braintree). The time of settlement for the Payout Amount is based on the date Braintree has received the cleared funds in Braintree’s bank account from the Payor’s Issuer Bank.
Merchant acknowledges that, even after the respective settlement, any Payout Amounts may become subject to a Reversal or may be invalidated for any other reason. The terms of the Braintree Payment Services Agreement EU regarding Reversals shall apply mutatis mutandis.
For each case of Reversal or Refund, Merchant shall pay the Reversal or Refund Fee set out in Section 4. In addition, Merchant shall reimburse Braintree for any cost incurred by Braintree with regard to the Reversal.
d. Invoicing and Fees.
You agree to pay to Braintree the Fees (Section 4) as consideration for the use of the iDEAL Payment Product. Braintree will invoice any Fees to Merchant. Such invoices become due seven days after receipt by Merchant. Merchant agrees to pay the invoices as they become due without set-offs or deduction.
e. Development of the iDEAL Payment Product.
Braintree may, at any time, modify, update, improve or otherwise change the current iDEAL Payment Product including the iDEAL Payment Solution at its own discretion.
If such change requires an amendment of this Exhibit C, such amendment shall be agreed upon between Braintree and Merchant pursuant to the respective provisions in the Braintree Payment Services Agreement EU. In order to constantly improve the iDEAL Payment Product, Braintree welcomes feedback from Merchants. However, Braintree is not bound to act in accordance with any such feedback. In providing Braintree with feedback on the iDEAL Payment Product, Merchant agrees to waive any intellectual property rights in such feedback as well as any claims for remuneration (if any).
3. Specific Merchant obligations in relation to the iDEAL Payment Product
a. Merchant Website/App.
Merchant shall
b. Transaction.
Merchant shall
Merchant may not interfere with the authentication process initiated and operated by the Issuer Bank to authenticate the Payor.
c. Initial Information
Prior to using the iDEAL Payment Product Merchant shall provide Braintree with the following information:
d. Data sharing
Merchant herby consents and agrees that Braintree may share Initial Information as well as Transaction Information, including information in this Exhibit C, with Currence iDEAL B.V. or any other Currence Third Party.
e. Email Link Service.
If Merchant wishes to use an email link service for the sale of goods or services in connection with the iDEAL Payment Product, it must request Braintree’s prior written approval to do so and comply with the following requirements:
f. Fraud Protection.
Merchant acknowledges and agrees that it is fully responsible for the security of data on its website, app, or otherwise within its possession or control. For the avoidance of doubt, the "Association PCI- DSS Requirements" (as defined in the Payment Services Agreement EU) shall only apply to card payments, not to iDEAL payments.
If and to the extent that Merchant offers High Risk Profile Sales via its website or app, Merchant shall prior to a Transaction determine the identity of each Payor and ensure that Payor is identical with the purchaser of the goods or services for which payment is made. In addition, Merchant shall carefully monitor the Transaction and notify Braintree immediately if there is any indication of money-laundering, terrorist financing, fraudulent, criminal or other illegal behaviour.
g. Compliance and Audit.
Merchant shall
Braintree may request Merchant to provide appropriate evidence that Merchant complies with the obligations in this Section 3 and reserves the right to at all times monitor and audit Merchant’s websites and systems in that respect.
If Braintree discovers an indication that Merchant is in violation of its obligations under the Braintree Payment Services Agreement EU, including Exhibit C, or unlawfully or by a misleading representation of affairs extracting money from a Payor or a contracting party to a certificate or license agreement with Currence iDEAL B.V., Braintree may immediately terminate Exhibit C or suspend its services and cease offering the iDEAL Payment Product to Merchant. In case of a suspension, Braintree will explain the reasons for the suspension of its service and set out measures to be taken by Merchant to remedy the breach. Braintree’s suspension of the Merchant’s access or use of the Product will remain in effect until such time as Braintree is satisfied that the Merchant has remedied the relevant breach(es).
If Braintree discovers a security breach or any other circumstance threatening to compromise the security of the iDEAL Payment Product and such circumstance falls within Your responsibilities under the agreements with Braintree, Braintree may require You to have an independent third party auditor, approved by Braintree, conduct a security audit of Your systems and facilities and issue a report at Your expense. Upon completion of the audit, You must provide a copy of the auditor’s report to Braintree and Braintree may provide copies of it to Currence iDEAL B.V. You hereby authorize Braintree to conduct or obtain such an audit at Your expense in case You do not initiate a security audit within 10 business days of Braintree’s request.
4. Fees
The Merchant shall pay the following fees for the use of the iDEAL Payment Product as provided for by Braintree:
EUR 0.35 per Transaction EUR 0.35 per Reversal and Refund Transaction
5. Term and Termination
The iDEAL terms become effective on the Effective Date and shall continue until terminated in accordance with Section 8 of the Braintree Payment Services Agreement EU.
In addition to the termination rights mentioned in Section 8 of the Braintree Payment Services Agreement and Section 3 of Exhibit C, Braintree may also terminate Exhibit C at any time (i) if the Certificate Agreement is terminated, (ii) if Braintree believes the Merchant has or may violate the relevant laws and regulations for its activities, or (iii) for any other important reason which makes it impossible, infeasible or considerably aggravate for Braintree to continue providing Merchant with the iDEAL Payment Product.
For the avoidance of doubt, both You and Braintree may terminate (subject to Section 8 of the Braintree Payment Services Agreement EU) Exhibit C independently and separately from the Braintree Payment Services Agreement EU or any other Exhibit thereunder.
A termination of Exhibit C does not affect the validity of any other agreements between Braintree and Merchant, in particular the Braintree Payment Services Agreement EU with regard to the processing of credit and debit card payments.
We’ve added terms applicable to data security outlining:
We’ve included the following new section on Confidentiality provision:
The parties acknowledge that in their performance of their duties hereunder either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning the Payment Processing Services and the know how, technology, techniques, or business or marketing plans related thereto (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party. As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties hereunder or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure. The receiving party shall promptly notify the disclosing party of any unauthorised disclosure or use of the Confidential Information. The receiving party shall cooperate and assist the disclosing party in preventing or remedying any such unauthorised use or disclosure.
We’ve updated the Entire Agreement clause to allow for PayPal to enter into further agreements with you to provide additional services.
We’ve updated our Notice provision to clarify when notices are considered to be received by you by including the following wording:
We’ve included new wording on our responsibilities on errors as follows:
If we are responsible for a processing error, we will rectify the error. If the error resulted in you receiving less money than you were entitled to, Braintree will credit your Bank Account for the difference. If the error results in you receiving more money than you were entitled to, Braintree may debit the extra funds from your Payout Amount or send you an invoice.
Notwithstanding any other term of this Agreement, Braintree will not be held liable for the non-rectification of a payment transaction if you have failed to notify Braintree of such an incorrectly executed payment transaction without undue delay on becoming aware of such incorrectly executed payment transaction, or in any event no later than within 13 months after the debit date.
We’ve included further detail on how you can store and reproduce information from the Dashboard and the duration of time it will be available for. The new wording is as follows:
The way in which we provide the transaction information will allow you to store and reproduce the information unchanged from the Braintree Dashboard, for example by printing a copy. Braintree will ensure that the details of each transaction will be made available to you to view online for at least 13 months from when it is first made available. You agree to review your transactions though the Braintree Dashboard instead of receiving periodic statements by mail or email.
We’ve included the following wording on Surcharging:
Braintree does not encourage surcharging because it is a commercial practice that can penalize the consumer and create unnecessary confusion, friction and abandonment at checkout. You agree that you will only surcharge for the use of Braintree Services in compliance with any law applicable to you and not in excess of the surcharges that you apply for the use of other payment methods. You further agree you are fully responsible for liabilities that arise out of your chose to surcharge and Braintree has no liability to you or any third party. You acknowledge that you could be committing a criminal offence if you fail to disclose any form of surcharge to a consumer.
Updates to the Acceptable Use Policy:
We have updated the business categories for which you may not use the Payment Services in connection with any product, service, transaction or activity that involves:
Effective Date: 27 October 2017
Braintree is making some changes to its Payment Services Agreement that will be effective to all AU Merchants on 27 October 2017. We encourage all AU Merchants to review this Policy Update and to better understand the changes that are being made. If you do not agree to these changes, you may close your account before 27 October 2017.
We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.
We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:
We’ve added terms applicable to data security outlining:
We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant immediately ceases the display, advertising and use of all trademarks of the card associations.
We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses incurred as a result of Merchant’s acts or omissions.
Effective Date: 11 October 2017
Braintree is making some changes to its Payment Services Agreement that will be effective to all HK Merchants on 11 October 2017. We encourage all HK Merchants to review this Policy Update and to better understand the changes that are being made. If you do not agree to these changes, you may close your account before 11 October 2017.
We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.
We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:
We’ve added terms applicable to data security outlining:
We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant must immediately cease the display, advertising and use of all trademarks of the card associations.
We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses: (i) incurred as a result of Merchant’s acts or omissions; or (ii) in connection with the transfer of any data to a Data Recipient.
Effective Date: July 31, 2017 for US Merchants with a Braintree account or August 15, 2017 for US Merchants with a PayPal powered by Braintree account
Braintree is making some changes to its Payment Services Agreement that will be applicable to all US Merchants. For US Merchants with a Braintree account, the new US Payment Services Agreement will become effective on July 31, 2017 for US Merchants that apply for a Braintree account on or before June 27, 2017 (or immediately for all US Merchants that apply for a Braintree account after June 27, 2017). If you do not agree to these changes, you may close your Braintree account before July 31, 2017. For US Merchants with a PayPal powered by Braintree account, the new US Payment Services Agreement will become effective on August 15, 2017 for US Merchants that apply for a PayPal powered by Braintree account on or before July 13, 2017 (or immediately for all US Merchants that apply for a PayPal powered by Braintree account after July 13, 2017). If you do not agree to these changes, you may close your PayPal powered by Braintree account before August 15, 2017. We encourage all US Merchants to review this Policy Update and to better understand the changes that are being made.
We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.
We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:
We’ve included new terms applicable to American Express acceptance through Braintree, which applies to all Merchants except those with a direct card acceptance agreement with American Express. These terms state as follows:
We’ve added terms applicable to data security outlining:
We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant must immediately cease the display, advertising and use of all trademarks of the card associations.
We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses incurred as a result of Merchant’s acts or omissions.
Effective date: July 1, 2017
We have made changes to Clause 1.e. (Surcharges) of the National Australia Bank Commercial Entity Agreement (Australia). You can access the amended National Australia Bank Commercial Entity Agreement (Australia) here.
Effective date: January 1, 2017
We have made changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.
Effective date: January 1, 2017
With effect from January 1, 2017, the Malaysian Merchant Declaration and Agreement, presently with First Data Merchant Solutions Private Limited, a Singapore company, will be assigned to First Data Merchant Solutions (Malaysia) SDN. BHD, a Malaysian company. We have amended the Merchant Declaration and Agreement to reflect the change in the contracting entity. We would also highlight changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.
Effective date: January 1, 2017
With effect from January 1, 2017, the Hong Kong SAR, China Merchant Declaration and Agreement, presently with PayPal Pte Ltd and First Data Merchant Solutions Private Limited, both Singapore companies, will be assigned to PayPal Hong Kong SAR, China Limited and First Data Merchant Solutions (Hong Kong SAR, China) Private Limited, both Hong Kong SAR, China companies.
We have amended the Merchant Declaration and Agreement to reflect the change in the contracting entities. We would also highlight changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.
Effective date: November 1, 2016
With effect from November 1, 2016, the Hong Kong SAR, China Payment Services Agreement, presently with PayPal Pte Ltd, a Singapore company, will be assigned to PayPal Hong Kong SAR, China Limited, a Hong Kong SAR, China company.
We have amended the Payment Services Agreement to reflect the change in the contracting entity, and we would also highlight changes to Clause 5.1 (Credit Report Authorisation and Verification) and Clause 7 (Indemnification, Limitation of Liability, Disclaimer of Warranties). You can access the amended Payment Services Agreement here.
Effective Date: July 1, 2015
We have updated the Privacy Policy to reflect how PayPay will share information with eBay after the two companies separate. We have also made changes unrelated to the separation. The new Privacy Policy can be accessed at https://www.braintreepayments.com/legal.
Effective Dates: May 18, 2016 and May 29, 2016
The Braintree Payment Services Agreement will be amended. The changes are available here. The new agreement can be found under the heading "Updated Braintree Payment Services Agreement" and the old version of the agreement can be found under the heading "Current Braintree Payment Services Agreement". We encourage you to carefully review the new agreement to familiarize yourself with the changes in terms. The new agreement will not apply retroactively and will become effective on 18 May 2016 (or immediately for all new Merchants) in relation to changes in Section 2 of Exhibit A “Data Protection (Customer Data)” and on 29 May 2016 in relation to changes in section 2 “Fees and Taxes”.
If you use the Braintree services after the dates these changes become effective, we will take that usage as your consent to the changed terms.
