Global Payments Pay by Link
Terms and Conditions
Privacy Policy
End User License Addendum
Last Updated: March 21, 2023
This End User License Addendum, together with Global’s privacy notice and the Acceptable Use Policy attached hereto as Exhibit A (collectively the “Addendum”), adds additional terms and conditions to the Merchant Agreement between you (either an individual or a legal entity) and Global Payments Direct, Inc., a New York corporation (“Global”). The terms of this Addendum apply to (i) your use of Global Payments Pay by Link, including both the Pay by Link Web web-based interface and the Pay by Link Mobile software application, (ii) any Enhancements (as defined below), and (iii) any associated documentation ((i), (ii), and (iii) are collectively the “Application”).
The terms of this Addendums shall control in the event of any conflict between the terms of this Addendum and your Merchant Agreement.
By installing, accessing or using the Application you agree to be bound by the terms of this Addendum. If you do not agree to the terms of this Addendum, Global is not willing to license any right to use or access the Application to you and you may not install, access, use or copy the Application.
Global reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change this Addendum at any time and without prior written notice to you. The most recent version of this Addendum shall be available online or via the Application. It is your responsibility to periodically check the Addendum for changes. If you do not wish to continue using the Application following any change made by Global to this Addendum, you may terminate this Addendum and your use of the Application in accordance with Section 5.
APPLICATION ACCESS AND USE LICENSE
The Application is licensed to you, not sold. Except for the limited license granted in this Addendum, Global and its licensors retain all right, title and interest in the Application, all copies thereof, and all proprietary rights in the Application, including copyrights, patents, trademarks and trade secret rights.
1. GRANT OF LICENSE. This Addendum grants you the following rights, as applicable:
2. LIMITATIONS ON LICENSE. The license to the Application granted to you in this Addendum is restricted as follows:
3. MAINTENANCE SERVICES. Global may from time to time provide you with any Enhancements that Global distributes to its other customers generally without additional charge. If Global distributes any Enhancement as an option or new product for which it charges an additional fee, it will make such option or new product available to you on the same terms as it offers generally to other similarly situated customers. Global will provide reasonable telephone support to assist you in resolving problems encountered in the use of the Application, in Global’s judgment, are attributable to the Application. Such support will be provided during Global’s normal business hours, Monday through Friday, excluding Global’s regularly scheduled holidays.
4. TERMINATION.
5. LIMITED WARRANTY. Global warrants the physical media and documentation, if any, provided with the Application to be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date you purchase the license of the Application. If Global receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by Global to be correct, as your sole and exclusive remedy Global will make commercially reasonable efforts to replace the defective media or documentation. All warranty claims not made in writing within the warranty period shall be deemed waived. The warranty provided in this Section is solely for your benefit and you shall have no authority to extend the warranty to any third party. Global shall not be liable for failures caused by third party hardware and software (including your own systems), misuse of the Application, or your negligence or willful misconduct.
6. WARRANTY DISCLAIMER. EXCEPT AS PROVIDED IN SECTION 5 (LIMITED WARRANTY), THE APPLICATION AND MAINTENANCE SERVICES ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBAL AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION AND MAINTENANCE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLOBAL SHALL CREATE ANY ADDITIONAL GLOBAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF GLOBAL’S OBLIGATIONS HEREUNDER.
THE APPLICATION MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GLOBAL DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB‑SITES, COMPUTERS, OR NETWORKS. GLOBAL SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS AND YOUR USE OF THE APPLICATION.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOBAL OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF GLOBAL AND ITS SUPPLIERS/LICENSORS ARISING FROM THIS ADDENDUM FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO THE INITIAL LICENSE FEE PAID BY YOU, IF ANY, FOR THE APPLICATION. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.
8. INDEMNITY. You agree to indemnify, defend and hold harmless Global and its parent and their respective officers, directors, shareholders, agents, affiliates, and licensors from and against any and all third party claims of any kind (along with attorney’s fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Addendum or your use of the Application, including due to any claim of infringement arising from combination of the Application with any hardware, software, or other intellectual property not provided by Global.
9. GENERAL. This Addendum constitutes the entire understanding and agreement between Global and you with respect to the transactions contemplated in this Addendum and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Addendum, all of which are merged in this Addendum. In particular, if you are a current licensee of the Application from Global, this Addendum shall supersede your existing license agreement and that agreement shall be of no further force or effect. In the event that any part of this Addendum is found invalid or unenforceable pursuant to judicial decree, the remainder of this Addendum shall remain valid and enforceable according to its terms. Any failure by Global to strictly enforce any provision of this Addendum will not operate as a waiver of that provision or any subsequent breach of that provision. The following provisions shall survive any termination or expiration of this Addendum: Sections 2 (Limitations on License), 4 (Termination), 5 (Warranty Disclaimer), 7 (Limitation of Liability), 8 (Indemnity), 9 (General), 11 Additional Terms Applicable on the Android Market/Google Play), and 12 (Additional Terms Applicable to iOS Devices). Global may assign any of its rights or obligations hereunder as it deems necessary.
10. AUTHORIZATION. By downloading, installing, accessing, or using the Application, you indicate that you have the authority to bind yourself and your organization to the terms of this Addendum.
11. ADDITIONAL TERMS APPLICABLE ON THE ANDROID MARKET/GOOGLE PLAY. Global and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates (“Google”), are a party to this Addendum, and you will look to Global for any recourse, and not Google. To the extent you use the Android version of the Application, you agree to be bound by the then-current Android Market Terms of Services as found on Google’s website (http://www.google.com/mobile/android/market-tos.html) and the Google Play Terms of Services (located at https://play.google.com/about/play-terms.html). You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in either the Android Market Terms of Services or Google Play Terms of Service, the Android Market Terms of Services or Google Play Terms of Services, whichever is applicable, will prevail and govern.
13. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES. Global and you both agree and acknowledge that neither Apple Inc., nor any of its subsidiaries or affiliates (“Apple”), are a party to this Addendum, and you will look to Global for any recourse, and not Apple. To the extent you use the iOS version of the Application, you agree to be bound by the then-current Apple Media Services Terms and Conditions as found on Apple’s website: https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions will prevail and govern.
14. LANGUAGE. The parties hereby acknowledge that they have required this Addendum and all related documents to be drawn up in the English language. Les parties reconnaissent avoir demandé que le présent contrat ainsi que les documents qui s’y rattachent soient rédigés en langue anglaise.
EXHIBIT A
Acceptable Use Policy
Privacy Notice
Last Updated: January 9, 2024
Global Payments (“Global Payments,” “us”, “we” or “our”) values your privacy, and is committed to protecting your personal information. We provide a secure payment technology solution generated via Apps or Sites view (our “Services”) for our merchants (our “Customers”) that enable their customers (“End Users”) to make eCommerce payments using a pay link.
In this Privacy Notice (“Notice”), we describe how we collect, use, and share personal information about our Customers and their End Users through the Services, websites (“Sites”), and mobile applications (“Apps”) where this Notice is posted. Our Customers may also provide their own privacy notices on the Sites and Apps, as appropriate.
This Notice provides an overview of the possible circumstances in which we interact with your personal information through our Sites and Apps as a processor and service provider on behalf of our Customer. If you have any questions about our processing of your personal information, please contact us at privacy@globalpay.com.
In this Notice, we provide information about:
PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
Global Payments collects two different categories of personal information:
Global Payments uses these categories of personal information differently because while we have a direct relationship with our Customers and therefore may determine why and how to handle Customer Information, our relationship with End Users is indirect and based on our relationship with our Customer. We only handle End User Information in accordance with our Customer’s instructions.
If you are an End User who has a relationship with one of our Customers, and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
We will only collect, use, and share personal information where we are satisfied that we have an appropriate legal basis to do so. Subject to consent if required by law, we may collect the following categories and types of Customer Information as relevant to the Services:
How we use your personal information. We use your personal information to provide the Services. In providing the Services, we may use your personal information for the following business purposes:
Lawful basis for processing. As a data processor and service provider, we process End User personal information solely for the purpose of providing the Services consistent with our contractual obligations to our Customers. If you are in a country where consent is the legal basis for processing of personal information, please see the Consent section of this agreement for additional disclosures about the basis for processing personal information.
Sources of personal information. We collect personal information from the following sources:
Data anonymization and aggregation. Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data. For example, we may use anonymized or aggregated data for statistical analysis including to analyze trends, for product development, and for risk assessments and cost analysis. We may share anonymized or aggregated data with our parents, subsidiaries, affiliates or with other third parties.
This Notice does not restrict our use or sharing of any non-personal, summarized, derived, anonymized or aggregated information.
HOW WE SHARE PERSONAL INFORMATION
We share your personal information in the manner and for the purposes described below:
We do not sell your personal information for monetary compensation.
We may also disclose personal information about you if we believe such disclosure is necessary to comply with laws, respond to lawful requests and legal process, or to protect or defend our rights, safety or property (including to enforce our agreements, notices, and terms of use). We may disclose personal information if needed to protect the health or safety of individuals.
TRANSFERRING PERSONAL INFORMATION GLOBALLY
Your personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence. Your personal information may also be stored in the cloud.
Consistent with the instruction provided to us from our Customer, we will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights.
HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION
We take seriously our responsibility to protect the security and privacy of your personal information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Any suspected attempt to breach our notices, policies, or procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected computer mischief may be reported to the appropriate authorities.
Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the internet.
Data Retention. When we no longer need your personal information to provide the Services (or to comply with applicable legal or regulatory retention requirements), it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified.
COOKIES AND OTHER TRACKING TECHNOLOGIES
A “cookie” is a text file that is stored to your browser when you visit a website.
Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of “remembering” computers or other devices used to access the Sites and Apps.
The cookies that we may use on the Sites fall into the following categories:
How to Delete or Block Cookies
On some Sites, when technically feasible, we will enable tools to help you make choices about cookies. You may also delete or block cookies at any time by changing your browser settings. You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.
CHILDREN UNDER 18
We do not knowingly solicit business from Customers under the age of 18. Any Customer use of the Service to collect personal information from persons under the age of 18 is subject to such Customer’s own privacy notice.
YOUR LEGAL RIGHTS
If you are an End User who uses Global Payments for the purpose of engaging with our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have a relationship.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some of our Customers, including European Union residents and residents of the state of California, may have certain rights in relation to their personal information. These rights may include:
Individual (Data Subject) Rights |
What does this mean? |
Right to be informed/Right to Know |
You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the Services. |
Right to access personal information | You have the right to access and receive a copy of personal information we hold about you. |
Right to data portability |
In some circumstances, you have the right to receive the personal information you request from us in a format that is user-friendly and enables you to transfer it to another provider. |
Right to rectification | You have the right to correct or update your personal information if it is outdated, incorrect or incomplete. |
Right of erasure/deletion/right to be forgotten” | In some circumstances, you have the right to have your personal information erased or deleted. |
Right to object to, restrict, or suspend processing of personal information |
You may object to processing of personal information that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing). |
Right not to be subject to automated decision making | You may have the right not to be subject to decision making which may have an adverse effect on you and which was based on automated processing of personal information. |
Right to information about cross-border transfers | You have the right to obtain a copy of documents related to the safeguards under which your personal information is transferred outside the EU. |
Right to complain to a supervisory authority |
You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices. |
Right to opt-out of the sale of personal information | You may request that we do not sell your personal information to third parties. |
Right to equal service and prices (“non-discrimination”) | Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing |
Right to damages | You may have the right to claim compensation if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal information. |
CONSENT
When consent for processing of personal information is required by local law, you will be presented with this Notice (alone or in conjunction with additional notices and disclosures). When you choose to submit your data after having been presented this Notice, you agree you have read and understood this Notice and expressly consent to the processing of your personal personal information in the manner and for the purposes provided in this Notice.
You also authorize us to disclose your personal information to third parties, whether local or foreign, when such disclosure is necessary to enable the services and the third party has entered into an agreement which requires it to provide reasonable security measures to protect the personal information.
Consenting to this Notice does not waive any of your rights under the applicable data protection laws.
OTHER INFORMATION
Changes and Updates. We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at any time. When we amend this Notice, we will revise the “last updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.
HOW TO CONTACT US
If you are an End User who has a relationship with one of our Customers and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
For other questions about this Notice, or if you are a Customer and want to exercise your rights as described in this Notice, you may contact us as follows:
Global Payments Direct Inc.
Attn: HSC Global
1 Heartland Way
Jeffersonville, IN 47130
privacy@globalpay.com
Finally, if you designate an authorized agent to make a rights request on your behalf, we request that you notify us of such designation by contacting us using the methods listed above.