Your Use of Personal Data. To the extent that you process any personal data about a Fastlane customer pursuant to this agreement, you and PayPal will each be an independent data controller (and not joint controllers), meaning we will each separately determine the purposes and means of processing such personal data. We each agree to comply with the requirements of any applicable privacy and data protection laws, including any applicable regulations, directives, codes of practice, and regulatory requirements applicable to data controllers in connection with this agreement. We each also have and will follow our own independently determined privacy statements, notices, policies, and procedures for any such personal data that we process in connection with this agreement. In complying with the applicable data protection laws, we will each: i. Keep such personal data confidential; ii. implement and maintain all appropriate security measures in relation to the processing of such personal data; iii. maintain a record of all processing activities carried out under this agreement; and iv. not knowingly or intentionally do anything, or knowingly or intentionally permit anything to be done, which might lead to a breach by the other party of the applicable data protection laws. Any personal data provided to you by PayPal in connection with the Fastlane service, excluding personal data collected or obtained by you directly from the customer, will be used by you only to the limited extent that is necessary and relevant to the Fastlane service and no other purpose, including marketing purposes, unless you have obtained the prior express consent of the customer. You represent, covenant, and warrant that you will provide and/or obtain necessary disclosures and consents, as applicable, in connection any personal data provided by you to PayPal. You may not disclose or distribute any customer personal data provided to you by PayPal to a third party, unless such third party is your service provider (as defined by applicable law). You may not combine personal data provided to you by PayPal with any other data. You may not use any personal data provided to you by PayPal to send, or assist in sending, unsolicited emails to third parties. You agree that you will only submit personal data to PayPal through your Fastlane integration in connection with a bona fide single customer transaction or merchant store account creation and as authorized by the customer. For purposes of clarification, the Data Portability provision (Section 3.g) of this Agreement, in its entirety, does not apply to the Fastlane services. Data collected in connection with the Fastlane service is not portable, including when you have been given consent by your customer to store data collected in connection with the Fastlane service in your or, if applicable, your platform provider's vault. Termination of Fastlane service. In addition to any other termination rights in this Agreement, PayPal reserves the right, in its sole discretion, to terminate or suspend use of Fastlane at any time upon reasonable notice or immediately (a) for any breach of this section; or (b) if we determine that your use of Fastlane could expose PayPal to financial loss or legal liability. You may terminate your use of Fastlane acceleration and profile creation functionality by disabling Fastlane in your account settings. If you no longer wish to collect additional Fastlane-required customer information, you will need to remove your Fastlane integration when you disable Fastlane. In the event that we terminate or suspend your use of Fastlane or you disable Fastlane in your account settings, customer information stored through Fastlane will remain available for future transactions through the Services so long as you received authorization from your customer to save that customer information. You may elect to disregard Fastlane customer information, or to delete Fastlane customer information from your stored customer information. Notwithstanding anything to the contrary in this Section or the Agreement, Fastlane customer information will not be included in the Data Portability services offered under the Agreement. Fastlane customer information is not portable, including when you have been given consent by your customer to store data collected in connection with the Fastlane service. For the sake of clarity, any termination or suspension of your use of the Fastlane services will not automatically result in a termination of the agreement or suspension of the PayPal Services. Notwithstanding any termination or suspension of the Fastlane service, your use of Fastlane customer information will remain subject to this Section. 3.7. No Warranty. THE ONLINE PAYMENT SERVICES AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAYPAL MAKES NO WARRANTY THAT THE ONLINE PAYMENT SERVICES WILL BE CONTINUOUS OR ERROR-FREE. PayPal does not guarantee, represent or warrant that the Online Payment Services and related features that enable you to detect or minimize fraudulent transactions will discover or prevent all non-valid or fraudulent transactions. PayPal is not responsible for any non-valid or fraudulent transactions that are processed.
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Your Use of Personal Data. To the extent that If you process any personal data about a Fastlane customer pursuant to as part of this agreement, you and PayPal we will each be an independent data controller (and not joint controllers), meaning . This means we will each separately determine decide the purposes and means of processing such the personal data. We each agree to comply with the requirements of any applicable privacy and data protection laws, including . This includes any applicable regulations, directives, and codes of practice, and regulatory requirements practice applicable to data controllers in connection with this agreement. We each also have and will follow our own independently determined created privacy statements, notices, policies, and procedures for any such personal data that we process in connection with as part of this agreement. In complying with the applicable data protection laws, we will each:
i. Keep : ◦ keep such personal data confidential;
ii. implement ; ◦ carry out and maintain all appropriate security measures in relation to the processing of such personal data;
iii. ; ◦ maintain a record of all processing activities carried out performed under this agreement; and
iv. and ◦ not knowingly or intentionally do anything, anything or knowingly or intentionally permit anything to be done, done which might lead to a breach by the other party of the applicable data protection laws. Any personal data provided to you by PayPal in connection with the Fastlane service, excluding personal data collected or obtained by you directly from the customer, will be used by you only to the limited extent that it is necessary and relevant to the Fastlane service and no other purpose, Fastlane. It shall not be used for anything else (including marketing purposes, marketing) unless you have obtained the prior express consent of the customer. This excludes any personal data collected by you directly from the customer. You represent, covenant, and warrant that you will provide and/or obtain all necessary disclosures and consents, as applicable, consents in connection with any personal data provided by you to PayPal. You agree that you will only submit personal data coming from a genuine single customer transaction to PayPal through your use of Fastlane. Such transfer of data must be authorised by the customer. You may not disclose or distribute send any customer personal data provided to you by PayPal to a third party, unless such third party is your service provider (as defined by applicable law). You may not combine personal data provided to you by PayPal with any other data. You may not use any personal data provided to you by PayPal to send, or assist in sending, unsolicited emails to third parties. You agree that you will only submit personal data to PayPal through your Fastlane integration in connection with a bona fide single customer transaction or merchant store account creation and as authorized by the customer. For purposes of clarification, the The Data Portability provision (Section 3.g) part of this Agreement, in its entirety, the Agreement does not apply to the Fastlane services. Data collected in connection with the Fastlane service is not portable, including when you have been given consent by your customer to store data collected in connection with the Fastlane service in your or, if applicable, your platform provider's vault. Termination of Fastlane service. In addition to any other termination rights in this Agreement, PayPal reserves the right, in its sole discretion, to terminate or suspend use of Fastlane at any time upon reasonable notice or immediately (a) for any breach of this section; or (b) if we determine that your use of Fastlane could expose PayPal to financial loss or legal liability. You may terminate your use of Fastlane acceleration and profile creation functionality by disabling Fastlane in your account settings. If you no longer wish to collect additional Fastlane-required customer information, you will need to remove your Fastlane integration when you disable Fastlane. In the event that we terminate or suspend your use of Fastlane or you disable Fastlane in your account settings, customer information stored through Fastlane will remain available for future transactions through the Services so long as you received authorization from your customer to save that customer information. You may elect to disregard Fastlane customer information, or to delete Fastlane customer information from your stored customer information. Notwithstanding anything to the contrary in this Section or the Agreement, Fastlane customer information will not be included in the Data Portability services offered under the Agreement. Fastlane customer information Card Information is not portable, including when you have been given consent by your customer to store data collected in connection with the Fastlane service. For the sake of clarity, any termination or suspension of your use of the Fastlane services will not automatically result in a termination of the agreement or suspension of the PayPal Services. Notwithstanding any termination or suspension of the Fastlane service, your use of Fastlane customer information will remain subject to this Section. 3.7. No Warranty. THE ONLINE PAYMENT SERVICES AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAYPAL MAKES NO WARRANTY THAT THE ONLINE PAYMENT SERVICES WILL BE CONTINUOUS OR ERROR-FREE. PayPal does not guarantee, represent or warrant that the Online Payment Services and related features that enable you to detect or minimize fraudulent transactions will discover or prevent all non-valid or fraudulent transactions. PayPal is not responsible for any non-valid or fraudulent transactions that are processed.
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