Alipay Privacy Policy for Merchant Services

Last updated: 2020-2-10

This Privacy Notice applies to visitors to the Alipay website available at (https://intl.alipay.com/open and https://global.alipay.com) and individuals (each a "User") who are users of Alipay or have their personal information provided to us in the course of using our services, including but not limited to merchant acquiring, payment processing and merchant wallet services (“Alipay Services”) provided outside of the People’s Republic of China.

Depending on the actual Alipay Services selected, each User may enter into one or more agreements (collectively, the “Agreements”) with various companies in the Alipay Group that will provide those Alipay Services. Those agreements may contain additional terms regarding privacy and our use of information about you.

Unless otherwise indicated or the context requires otherwise, reference to “you” or “your” are intended to refer to a User, and reference to “Alipay”, “we”, “us” or “our” in this Notice and the Agreements include relevant companies in the Alipay Group that are involved in providing the Alipay Services, including Alipay US, Inc., Alipay (UK) Limited, Alipay (Europe) Limited S.A., Alipay Singapore E-Commerce Private Limited and Alipay Merchant Services Pte. Ltd. (each an “Affiliate” or member of the “Alipay Group”).

We want you to understand:

We collect and use personal information about you, including when you interact with us, register for an Alipay account, use the Alipay Services to make purchases or otherwise conduct financial transactions, or otherwise visit or use our Alipay Services. The personal information we collect includes:

·      your basic personal details, including first and last name, and copies of your personal ID documents;

·      contact information (including your address, phone number, email, or other information that permits us to contact you);

·      account information;

·      registration details;

·      financial information and tax identification information;

·      transaction details; and

·      technical information, including:

·      information about the device you use to interact with us, and

·      information from your visits to our websites or mobile applications.

We collect personal information about you in connection with the Alipay Services. For example, we collect your personal information when you browse our website, enquire about or register to use any of the Alipay Services, sign a contract with us, provide your personal information during the merchant on-boarding process, log into your Alipay account to use the Alipay Services on our site; or when you communicate with us via e-mail, phone, SMS, or any other electronic means.  We also receive personal information about you from other sources, including:

·      merchants and other third parties, including those who support the ability to make payments and conduct transactions through Alipay Services;
·      affiliates;
·      suppliers providing services on our behalf;
·      banks and other payment institutions that we cooperate with to provide you with the Alipay Services; and
·      publicly available sources.
We combine information that we have about you from various sources, including the information you have provided to us.
Please refer to How we use your personal information for more details.

We use the information we collect to operate our business, including the Alipay Services. For example, we may use your personal information for the following purposes:

1. verifying your identity, including during account creation and payment password reset processes;
2. verifying your eligibility as a User of Alipay Services;
3. processing, maintaining and managing your registration as a User;
4. providing you with Alipay Services and related User services, including operating the Alipay Services and enabling transactions, customizing your user experience, enabling the receipt of balance top-ups, financing proceeds and third-party payments, facilitating the settlement of payment for goods and services and providing other fund settlement services, handling foreign exchange conversions, charge-backs, sending notices about transactions, and responding to your queries, feedback, claims or disputes;
5. contacting you in relation to our provision of Alipay Services, contacting you in connection with any communication preferences or requests you have expressed, asking you for feedback about Alipay Services or other related products and services, collecting feedback from you and your staff about our products and services and using such feedback to improve our business and/or customize products and services; sending you information about products and services, including for promotional purposes; and contacting you for legal purposes;
6. assessing, detecting, investigating, preventing or remediating fraud, data breaches or other potentially prohibited or illegal activities and otherwise protecting the integrity of our platform;
7. managing our risk, performing creditworthiness and solvency checks on Users, or detecting, investigating, preventing or remediating violations of your agreements with us or any of our applicable policies, industry standards, guidelines, laws and regulations, etc.;
8. making disclosures as may be required by any rules, law or regulation, regulatory authorities, government official or other third party, including any card association or other payment network. Such disclosures may also be made pursuant to any subpoena, court order or other legal process or requirement applicable to us or any Affiliates (including “know your customer”, anti-money laundering, counter-terrorist financing reporting, tax requirements or other commercial disputes);
9. making disclosures to third parties including relevant regulators to prevent any harm or financial loss, to report suspected illegal activity or to establish, exercise, or defend claims or potential claims on behalf of ourselves or our Affiliates;
10. improving and optimizing the Alipay Services;
11. managing our business including to protect Users, prevent harm, fraud or theft to ourselves or others, maintain the security of our products, and protect our rights or property and those of others; and
12. otherwise for everyday business purposes, to comply with law, or in other ways for which we provide specific notice at the time of collection.
    
    

We share your personal information to operate and manage our business, including for the purposes indicated under How we use your personal information. Thus, for example, we may share your information with:

·      Affiliates;
·      third parties, including:
·      any agent, contractor or third party service provider that we work with in providing Alipay Services. For example, we work with third parties to help us with fraud prevention, anti-money laundering checks, credit checking, bill collection, data entry, database management, promotions, marketing, customer service, technology services, products and services alerts and payment extension services or to provide trade financing services;
·      banks, card associations, payment networks or acquiring institutions, and others, including those involved in processing of payments and conducting transactions through Alipay Services; and
·      law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which Alipay, or any Affiliate or third party service provider, is under an obligation to make disclosure under the requirements of any applicable law, regulation or commercial arrangement.
·      individuals and entities involved in any merger, acquisition, corporate reorganization, financing, or similar transaction with us, including in the event of the sale of all or part of our assets; and
·      our own and others’ professional advisors (e.g., lawyers, accountants, auditors, and trustees).
See How do we store and protect your personal information? for informationon how we keep your personal information secure when sharing it with others.

We will keep your personal information in accordance with our policies and for as long as it is necessary to provide you with the Alipay Services or other purposes as set out in this notice.  In addition, we may retain your personal information for a longer period (including after you are no longer a User) if it is necessary to comply with laws and regulations applicable to us.

We use a variety of security measures and technologies designed to help protect your personal information from unauthorised access, use, disclosure, alteration or destruction consistent with applicable data protection and privacy laws and regulations. You are responsible for maintaining the security of your account information (username, password, etc.) for Alipay Services in your possession or control.

Our service is not directed towards children under 18 years old, nor does Alipay knowingly collect information from children under 18. If you are under 18, please do not use Alipay Services or submit any personal information to us.

If you, acting as a guardian of a child, have relevant questions in respect of a child’s personal information, please contact us using the details set out in the [Contact us] section below.

The Alipay Services and our website may provide links to other websites and services (including other online merchant sites) for your convenience and information. These services and websites may operate independently from us. Linked services and websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for these websites’ or services content, any use of these services or websites by you, or the privacy practices of these services or websites.

We may change, amend or revise this Notice from time to time. We will notify you of any substantive or material change in this Notice by updating this web page, sending push notifications, e-mails or letters, by phone or by publishing announcements on our website (https://intl.alipay.com/open and https://global.alipay.com).

You can review this Notice at the home page of our website (https://intl.alipay.com/open and https://global.alipay.com).

If you are a User in the EEA or Switzerland, please note that we use your personal information on bases set out below.

·      For the performance of any contracts to which you are a party.
·      To comply with legal and regulatory obligations.
·      For legitimate business purposes.
·      Using your personal information helps us to operate and improve our business and minimise any disruption to the services that we may offer to you. It also allows us to make our communications with you more relevant and personalised to you, and to make your experience of our products and services efficient and effective.
·      As we have Affiliate companies with infrastructures in China, Singapore and the US, we need to transfer your personal information internationally in order to accommodate our technical infrastructure and as part of our business structure, including as a result of laws and regulations applicable to us and other Affiliates and legal claims or proceedings that involve us or other Affiliates.
·      However, in cases in which we wish to use your data for our legitimate business purposes, we carefully consider the position and do not proceed if we think your interests or fundamental rights and freedoms relating to your personal information would be prejudiced. Examples of matters we consider include how we use your data responsibly (for instance, security measures we put in place to protect it, such as access controls).
·      Because you have given your consent. At times we may ask for your consent or the consent of the holder of parental responsibility over you (in case you are below the age of 16 years, please see How do we process personal information about children?) to allow us to use your personal information for one or more purposes. See Your rights with respect to your personal information for information about the rights that you have if we process your information on the basis of your consent.

If you are a User in the EEA or Switzerland, please note that your personal information may be processed by us, Affiliates in the Alipay Groupand our trusted third party suppliers outside of the European Economic Area (EEA), including in countries where data protection and privacy laws or regulations may not be equivalent to, or as protective as, the data protection and privacy laws and regulations in the EEA.

These countries include, among others:
·      China;

·      Singapore; and
·      The United States.
In accordance with applicable data protection and privacy laws and regulations, we will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of the EEA to a jurisdiction other than one that is recognised by the European Commission has having an adequate level of protection of personal data.  These measures include (where applicable) transferring pursuant to data transfer agreements implementing standard data protection clauses.  You can find information about these measures here.  If you would like further information, you can contact us as set out in the [Contact us](#contact us) section below. 
We may also transfer your personal information outside of the EEA as permitted by applicable data protection and privacy laws and regulations.  Examples include when we need to transfer your personal information: (a) to perform a contract with you (or to take steps before the contract at your request); (b) perform a contract in your interests; or (c) in relation to legal claims.

If you are a User in the EEA or Switzerland, in accordance with applicable data protection and privacy laws and regulations, you may be entitled to:

·      ask us about the processing of your personal information, including to request a copy of your personal information;
·      request the correction and/or (in some cases) deletion of your personal information;
·      in some cases, request the restriction of the processing of your personal information, or object to that processing;
·      withdraw your consent to the processing of your personal information (where Alipay is processing your personal information based on your consent);
·      request receipt or transmission to another organisation, in a machine-readable form, of the personal information that you have provided to Alipay where we are using your personal information based on consent or performance of a contract; and
·      complain to the relevant supervisory authority if your privacy rights are violated, or if you have suffered as a result of unlawful processing of your personal information.
Where you are given the option to share your personal information with us, you can always choose not to do so.  If we have requested your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.
However, choosing not to share your personal information with us or withdrawing your consent to our use of it could mean that we are unable to perform the actions necessary to achieve the purposes of processing described (see How we use your personal information) or that you are unable to make use of the services and products offered by us.  After you have chosen to withdraw your consent, Alipay may be able to continue to process your personal information to the extent required or otherwise permitted by applicable data protection and privacy laws or regulations.
If you would like to exercise your rights, contact us using the details set out in the [Contact us](#contact us) section below.

If you have questions or requests about the privacy of your personal information, please contact us by email via Privacy-OpenPlatform@alipay.com or at this business address if you are a User in

·      the European Economic Area or Switzerland: Alipay (Europe) Limited S.A., Privacy Office, 11-13, Boulevard de la Foire, L – 1528, Luxembourg.
·      any other part of the world: Alipay Singapore E-Commerce Private Limited, Privacy Office, 1 Raffles Place #59-00 One Raffles Place Tower One, Singapore 048616.

(As of February 10, 2020)