OpenPath provides economic infrastructure for the internet. Businesses of all sizes use our software and services to accept payments and manage their businesses online. OpenPath cares about the security and privacy of the personal data that is entrusted to us.

This policy describes the Personal Data that we collect, how we use and share it, your rights and choices, and how you can contact us about our privacy practices.

OpenPath (“OpenPath”, “we”, “our” or “us”) provides its services globally and the OpenPath entity responsible for the collection and use of personal data under this Privacy Policy differs depending on your country.

We may collect and use personal data when we do business with you or when you do business with those that use our services. Some of our services may be accessed directly by you, including through our websites that reference this policy (e.g. OpenPath.com) (collectively “Sites”). Many of our services are provided to others in connection with their own business and activities, and you may engage with OpenPath services as part of another’s service, such as when you make a payment to a merchant and we provide the payment processing services to that merchant through OpenPath Checkout (collectively, we refer to Sites and direct and indirect services as “Services”). This policy applies to OpenPath’s own Services. Websites, products and services of third-parties and some affiliates of OpenPath are subject to their own separate privacy policies.

1. Overview

   OpenPath obtains Personal Data about you from various sources. “You” may be a visitor to one of our Sites (“Visitor”), a user of one or more of our Services (“User” or “OpenPath User”), or a direct or indirect customer of a User (“Customer”). If you are a Customer, your agreement with the relevant OpenPath User should explain how the OpenPath User shares your Personal Data with OpenPath. If you have questions about this sharing, then you should direct those questions to the OpenPath User.

2. Personal Data We Collect
   1. Personal Data that we collect about you
      Personal Data is any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g. device information, IP Address). In many cases, the Personal Data that you provide directly to us through our Services will be apparent from the context in which you provide the data:

      1. When you register for a OpenPath account on our Site we collect your full name, email address, and account log-in credentials.

      2. When you fill-in our online form to contact our sales team, we ask for your name, contact information, country, and other information about your interest in our Services.

      3. When you authorize us to store information about you in connection with OpenPath Checkout, we collect your name and contact information and information about your stored payment methods (e.g. payment card number, CVC code and expiration date). 

      4. When you respond to OpenPath emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call OpenPath, as well as other information you may provide during the call.

      5. If you are a OpenPath User, you will provide your contact details, such as name, postal address, telephone number, and email address.  You may also choose to provide bank account information.

      6. If you are a Customer, when you make payments to, or transact with a User through OpenPath’s Services or a OpenPath provided device, we will receive your transaction information. If you are transacting directly with OpenPath, we receive the information directly from you. If you are transacting with a User, depending on how they integrated our Services, we may receive this information directly from you, from the OpenPath User or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and in some cases, some information about your purchases. Different payment methods may require the collection of different categories of information. The payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you at the time of check-out. We may also receive your name, email, billing or shipping address and in some cases, your transaction history to authenticate you.

         In connection with fraud monitoring, prevention, detection, and compliance activities for OpenPath and its Users, we receive identity related from the following sources:

         1. From Customers (including through their devices (e.g. IP Addresses)) related to Customers.

         2. From Users about themselves and their Customers, including as collected through our Services.

         3. From our business partners, financial service providers, identity verification services, and publicly available sources.

            This Personal Data (e.g., name, address, phone number, country) helps us to confirm identities and prevent fraud. We may also use technology to assess the fraud risk associated with an attempted transaction by a Customer with a OpenPath User.

   2. Information that we collect automatically on our Sites
      Our Sites use cookies and other technologies. These technologies record information about you, including:

      1. Browser and device data, such as IP Address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting.

3. How We Use Personal Data
   1. Our Services
      

      We rely upon a number of legal grounds to enable our use of your Personal Data. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete transactions and to provide payment-related services to our Users.

      1. Contractual and pre-contractual business relationships
         

         We use Personal Data for the purpose of entering into business relationships with prospective OpenPath Users, and to perform the contractual obligations under the contracts that we have with OpenPath Users. Activities include:

         1. Creation and management of OpenPath accounts and OpenPath account credentials, including the evaluation of applications to commence or facilitate the use of our Services;
         2. Accounting, auditing, and billing activities; and
            
         3. Processing of payments, including fraud detection and prevention, optimizing valid transactions, communications regarding such payments, and related customer service.
      2. Legal compliance
         

         We use Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as AML (Anti-Money Laundering) and KYC (Know-Your-Customer) obligations, and financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits.

      3. Legitimate business interests
         

         Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. When we do so, we balance our legitimate interests against the interests and rights of the individuals whose Personal Data we process. The following list sets out the business purposes that we have identified as legitimate:

         1. Detect, monitor and prevent fraud and unauthorized payment transactions;

         2. Mitigate financial loss, claims, liabilities or other harm to Customers, Users and OpenPath;

         3. Determine eligibility for OpenPath products and services;

         4. Respond to inquiries, send Service notices and provide customer support;

         5. Promote, analyze, modify and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;

         6. Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets;

         7. Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business; and
            

         8. Enable network and information security throughout OpenPath and our Services; and
            

         9. Share Personal Data among our affiliates for administrative purposes.

      4. Payment transactions and related services (OpenPath as a data processor)

         We use Personal Data of Customers to provide our Services to Users, including to process online payment transactions and authenticate Customers on behalf of our Users. Learn More. All such use is pursuant to the terms of our business relationships with our Users. In addition, we may offer payment-related services to Users who have requested such services, and our delivery of such related services to our Users may involve the use of Personal Data. For example, a OpenPath User may specify parameters for transactions submitted by its Customers that determine whether the transactions are blocked or allowed by our payment processing Services. In such cases, the User is responsible for the collection and use of Customer’s Personal Data for the payment transactions and payment-related services. We also use Personal Data to detect and prevent fraud. In providing such services, we may provide Users who have requested such services Personal Data from a Customer to assess the fraud risk associated with an attempted transaction by their Customer.

   2. Marketing and events-related communications

      We may send you email marketing communications about OpenPath products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with applicable law, including any consent requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.

   3. Advertising
      
      

      When you visit our Sites, we (and our service providers) may use Personal Data collected from you and your device to target advertisements for OpenPath Services to you on our Sites and other sites you visit (“interest-based advertising”), where allowed by applicable law, including any consent requirements. For example, when you visit our Site, we will use cookies to identify your device and direct ads for our Services to you. You have choices and control over our cookies (or similar technologies) we use to advertise to you. Please see our Cookie Policy for more information. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.

      We do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site Visitors.

4. How We Disclose Personal Data
   OpenPath does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.

   1. OpenPath
      We share Personal Data with other OpenPath affiliated entities in order to provide our Services and for our administration purposes.

   2. Service providers
      We share Personal Data with certain of our service providers subject to contract terms that limit their use of Personal Data. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, marketing service, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union and the United States of America. Learn More.

   3. Business partners
      We share Personal Data with third party business partners in connection with our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services, and the professional services firms that we partner with to deliver OpenPath Atlas. Learn more about what OpenPath does with other third parties.

   4. Our Users and third parties authorized by our Users
      We share Personal Data with Users to maintain a User account and provide the Services and third party services. We share data with parties directly authorized by a User to receive Personal Data. This includes sharing Personal Data of Customers with Users to assess the fraud risk associated with attempted transactions by Customers, or when a User authorizes a third party application provider to access the User’s OpenPath account using OpenPath Connect. The use of Personal Data by an authorized third party is subject to the third party’s privacy policy.

   5. Corporate transactions
      In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but subject to the terms of this Privacy Policy.

   6. Compliance and harm prevention
      We share Personal Data as we believe necessary: (i) to comply with applicable law, or rules imposed by payment method in connection with use of that payment method; (ii) to enforce our contractual rights; (iii) to protect the Services, rights, privacy, safety and property of OpenPath, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Your Rights and Choices
   You may have choices regarding our collection, use and disclosure of your Personal Data:

   1. Opting out of receiving electronic communications from us
      If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you other messages in connection with providing our Services.

   2. How you can see or change your account Personal Data
      If you would like to review, correct, or update Personal Data that you have previously disclosed to us, you may do so by signing in to your OpenPath account or by contacting us.

   3. Your data protection rights
      Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:

      1. The right to request confirmation of whether OpenPath processes Personal Data relating to you, and if so, to request a copy of that Personal Data;

      2. The right to request that OpenPath rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;

      3. The right to request that OpenPath erase your Personal Data in certain circumstances provided by law;

      4. The right to request that OpenPath restrict the use of your Personal Data in certain circumstances, such as while OpenPath considers another request that you have submitted (including a request that OpenPath make an update to your Personal Data);

      5. The right to request that we export your Personal Data that we hold to another company, where technically feasible;

      6. Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or

      7. In some cases, you may also have the right to object to the processing of your Personal Data.

   4. Process for exercising data protection rights
      We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may have the right under applicable laws to consult with the data protection authority in your country.

      For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

      If you are a Customer of a OpenPath User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using OpenPath as a payment processor, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.

6. Security and Retention
   We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Privacy Policy against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (e.g., you feel that the security of your account has been compromised), please contact us immediately.

   We retain your Personal Data as long as we are providing the Services to you or our Users (as applicable). Even after we stop providing Services directly or indirectly to you, and even if you close your OpenPath account or complete a transaction with a OpenPath User, we keep your Personal Data in order to comply with our legal and regulatory obligations. We may also keep it to assist with our fraud monitoring, detection and prevention activities. We also keep Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods you used. In all cases where we keep data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

7. Updates To this Privacy Policy and Notifications
   We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws.

   We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a User, by contacting you through your OpenPath Dashboard, email address and/or the physical address listed in your OpenPath account.

   If applicable law requires that we obtain your consent or provide notice in a specified manner prior to making any changes to this Privacy Policy applicable to you, we will provide such required notice and will obtain your required consent.

8. Links To Other Online Services
   The Services may provide the ability to connect to other online services. These online services may operate independently from us and/or may have their own privacy notices or policies, which we strongly suggest you review. If any online service linked to our Services is not owned or controlled by us, or does not claim to be covered by this Privacy Policy, we are not responsible for it and/or it is not covered by this Privacy Policy. Please refer to the privacy policy associated with that online service.

9. Contact Us
   If you have any questions or complaints about this Privacy Policy, please contact us at support@openpath.i