Legal

Legal

Acceptable Use

Acceptable use of a BlueSnap account

Your BlueSnap account and BuyNow links are intended solely for valid sale transactions between legitimate buyers and BlueSnap. Any exception is forbidden including but not limited to fraudulent activity of any type, transfer of funds, virtual currency or any stored value credits.

You are required to have a valid website where the BlueSnap BuyNow links are posted. The website has to include the product(s) description, contact information and a refund policy.

All orders must be placed within the BlueSnap secured BuyNow form and by the payment vehicle legitimate owners themselves. You may not collect credit card/payment information from buyers. You may not store credit card/payment information records anywhere in your BlueSnap account storage space.

BlueSnap BuyNow links should not be included in any spamming activity or communication.

Violations of the BlueSnap acceptable use and prohibited items policy

Please assist us in detecting and reporting violations of this Policy by contacting us at [email protected]. Please include a description of the suspected violation and links with screenshots if possible.

Cookies

This Site Uses Cookies

BlueSnap employs cookies. A cookie is a small text, graphic or flash file that our web servers place on a user’s computer hard drive or other web-based device to act as a unique identifier. Cookies may also enable BlueSnap to automatically log a user back in to our services, as long as the user chooses to enable such option. BlueSnap cookies do not have an expiration date. Our cookies may collect personal, identifiable information, including a user’s username and password to support optional automatic logon. Cookies may also be used to identify and track transactions introduced by recognized BlueSnap affiliates and also to support optional choices by users to save and make available for reuse certain payment information for future transactions. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Technologies such as: cookies, beacons, tags and scripts are used by BlueSnap and our marketing partners, merchants, affiliates, or analytics or service providers, including online customer support providers and online transaction processors. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use Local Shared Objects (LSOs) such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here.

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may link this automatically collected data to other information we collect about you.

We may from time to time partner with a third party to either display advertising on our web site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to deliver relevant advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the EU/EEA click here). Please note, this does not opt you out of being served all ads. You will continue to receive generic ads.

Click here for our Privacy Policy

Note: How Google uses data when you use our partners’ sites or apps: http://www.google.com/policies/privacy/partners/

Cookie Settings

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

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These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.    If you do not allow these cookies then some or all of these services may not function properly.

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These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.    All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

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These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.    They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

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A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.    You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

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Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages.    If you do not allow these cookies then some or all of these services may not function properly.

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Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.    All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

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Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.    They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

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Disputes and Complaints Resolution

Shoppers and smaller merchants known as micro businesses (generally businesses with less than 10 employees), based in the EEA/EU have additional statutory rights concerning the handling of complaints concerning services rendered directly by BlueSnap (see below).

In Canada, merchants have additional rights according to the Canada Code of Conduct (see below).

Shoppers please note:

Issues and complaints regarding the actual services and/or products purchased from a merchant that uses BlueSnap to process the payment should first be addressed to the relevant merchant supplier directly. BlueSnap does not provide product support.

If the matter cannot be solved with the merchant you may then contact BlueSnap Shopper Support using our support form and we will do our best to assist. If you are a Shopper and your issue relates to BlueSnap’s provision of payment services rather than the product or service purchased from the merchant, you are encouraged to raise the matter with us using the support form.

Merchants with complaints concerning BlueSnap’s provision of payment services are advised to email our Merchant Support team.

***

EU Shoppers’ Additional Statutory Rights – Dispute Resolution Services

EU/EEA Shoppers’ and EU/EEA Small Merchants’ Additional Statutory Rights – Provision of Payment Services

UK Shoppers’ and Small Merchants’ Additional Statutory Rights – Provision of Payment Services

Canada Code of Conduct Complaints

In Canada, merchants have additional rights according to the Canada Code of Conduct (see below). If there is a potential violation of the Code of Conduct you want to bring to our attention, please complete the support form and reference the element your complaint relates to.  Following receipt of your complaint we will:

If we cannot provide a response within 90 days, you will be informed of the delay, the reason for the delay, and the expected response time.

Canada Code of Conduct

BlueSnap supports the Canada Code of Conduct as part of our local processing in Canada. Please visit http://www.fcac-acfc.gc.ca/ for more information. If you need to file a complaint, please visit the Disputes and Complaints page.

Purpose

The purpose of the Code is to demonstrate the industry’s commitment to:

Scope

The Code applies to credit and debit card networks (referred to herein as payment card networks) and their participants (e.g. card issuers and acquirers)1.

The payment card networks that choose to adopt the Code will abide by the policies outlined below and ensure compliance by their participants (e.g. issuers, acquirers, and their downstream participants). The Code will be incorporated, in its entirety, into the payment card networks’ contracts, governing rules and regulations. The Code will apply within 90 days of being adopted by the payment card networks and their participants.

Enhancements to the Code announced on April 13, 2015, will apply within 9 months of being adopted by the payment card networks and their participants and will apply to all new merchant-acquirer agreements and all new or reissued premium cards after that 9 month period, with the following exceptions:

Element 1: Acquirers will have up to an additional 9 months, for a total of 18 months from the date of adoption, to implement the changes to Element 1. These changes will be applied to all new and renewed merchant-acquirer agreements;

Elements 2 and 3: The measures to facilitate the pass-through of interchange rate reductions to merchants will enter into force immediately for all merchant-acquirer agreements, upon adoption of the Code;

Element 4: The extension of this principle to contactless payments will enter into force immediately for all merchant-acquirer agreements, upon adoption of the Code;

Element 11: This element, which pertains to acceptance of contactless payments, will enter into force immediately for all merchant-acquirer agreements, upon adoption of the Code;

Element 12: The principle that merchants can provide notice of non-renewal at any point during the contract period up to 90 days prior to contract expiry will enter into force immediately for all merchant-acquirer agreements, upon adoption of the Code. Acquirers will have 9 months from the date of adopting the Code to implement the changes addressing fixed-term contracts; these changes will be applicable to all merchant-acquirer agreements; and

Element 13: The complaints handling process will enter into force for all merchantacquirer agreements, within 60 days of adopting the Code.

To assist entities in adhering to elements of the Code, the following definitions are provided for clarification:

Contactless payment: a payment card-based and/or mobile device-enabled payment transaction that is initiated at the payment terminal at a point-of-sale and that does not require contact with the payment terminal at the point-of-sale.

Mobile device: a portable electronic device that may be used by a consumer to facilitate the storage and/or transmission of data electronically for enabling a contactless payment.

Mobile wallet: a graphic user interface (software application) that presents one or more payment applets to a consumer for the purposes of enabling a contactless payment.

Payment applet: a software application on a mobile device, or within a mobile wallet, that enables a contactless payment by linking a single payment credential (e.g. credit or debit) through a specific payment card network.

Payment credential: the data that is required to complete a contactless payment (e.g. identifying information for the specific payment network, issuer, and cardholder) that is stored securely and accessed by a payment applet or token associated with a payment applet.

This Code is overseen by the Financial Consumer Agency of Canada, which is responsible for monitoring the compliance of signatories.

Requirements for payment card networks

By adopting the Code, payment card networks agree to provide any requested information regarding actions taken by themselves or participants to the Financial Consumer Agency of Canada for the purpose of monitoring compliance with the Code. In addition, payment card networks agree to pay for the fees associated with monitoring compliance with the Code, as determined by the Financial Consumer Agency of Canada.

Payment card networks will regularly review, no less than every 3 years, market conduct practices of all merchant focused agents, registered by acquirers with the payment card networks, in the context of the Code.2 The payment card networks will report the results of these reviews to the Financial Consumer Agency of Canada.

Policy elements

1. Increased Transparency and Disclosure by Payment Card Networks and Acquirers to Merchants.

The payment card networks and their participants will work with merchants, either directly or through merchant associations, to ensure that merchant–acquirer agreements and monthly statements include a sufficient level of detail and are easy to understand.

All merchant-acquirer agreements will include a cover page containing an information summary box that provides key elements of the contract in a consolidated fashion and a fee disclosure box, using the templates in Addendum I.

Acquirers must also disclose all other fees (e.g. monthly minimums, administration fees, etc.) charged to the merchant.

Payment card networks will make all applicable standard interchange rates and acquiring network assessment fees easily available on their websites. In addition, payment card networks will post any upcoming changes to these rates and fees on their websites once they have been provided to acquirers. Payment card network rules will ensure that merchant statements include the following information:

Effective merchant discount rate3 for each type of payment card from a payment card network that the merchant accepts;

Interchange rates and, if applicable, all other rates charged to the merchants by the acquirer;

The number and volume of transactions for each type of payment transaction;

The total amount of fees applicable to each rate; and,

Details of each fee and to which payment card network they relate.

2. Payment card network rules will ensure that merchants will receive a minimum of 90 days’ notice of any fee increases or the introduction of a new fee related to any credit or debit card transactions, or a reduction in applicable interchange rates.4 Payment card networks will provide at least 90 days’ notice to acquirers for rate and/or fee changes and at least 180 days’ notice for structural changes.5

The notice to merchants must describe the nature of the fee change and the change must be clearly identifiable on the merchant’s subsequent monthly statement, to help merchants better understand the impact of the fee change.

Acquirers will also provide an updated fee disclosure box reflecting the impact, upon written request from the merchant, following a new fee or fee increase.

Notification is not required for fee changes made in accordance with pre-determined fee schedules, such as those based on merchant sales volume, provided that the schedules are included in the merchant’s contract.

3. Payment card network rules will ensure that following notification of a fee increase or the introduction of a new fee, or a reduction in applicable interchange rates not passed on to merchants, merchants will be allowed to cancel their contracts without penalty.

By signing a contract with an acquirer, a merchant will have the right to cost certainty over the course of their contract. As a result, in the event of a fee increase or the introduction of a new fee, merchants will be allowed to opt out of their contracts, without facing any form of penalty, within 90 days of receiving notice of the fee increase or the introduction of a new fee.

Merchants will also have the right to provide 90 days’ notice to exit their contracts without penalty in the event that acquirers do not pass-through the full savings from any reduction to payment card networks’ posted interchange rates that are applicable to that merchant, within 90 days of receiving notice of the interchange reduction.

This right includes relief from the application of any penalties on all related service contracts (e.g. terminal lessors, third-party processors) brokered by the acquirer and/or its registered agents, processors or other agents.6

Merchants may not cancel their contracts in relation to fee increases made in accordance with pre-determined fee schedules, such as those based on merchant sales volume, provided that the schedules are included in the merchant’s contract.

4. Payment card network rules will ensure that merchants who accept credit card payments from a particular network will not be obligated to accept debit card payments from that same payment card network, and vice versa.

Payment card networks will not require merchants to accept both credit and debit payments from their payment card network. A merchant can choose to accept only credit or debit payments from a network without having to accept both.

The same principle applies to credit or debit payment credentials accessed by consumers through a mobile wallet or mobile device. Merchants who accept a credit payment credential from a particular network, which are accessed by consumers through a mobile wallet or mobile device, will not be obligated to accept debit payment credentials from that network or vice-versa.

5. Payment card network rules will ensure that merchants will be allowed to provide discounts for different methods of payment (e.g. cash, debit card, credit card). Merchants will also be allowed to provide differential discounts among different payment card networks.

Discounts will be allowed for any payment method. As well, differential discounting will be permitted between payment card networks.

Any discounts must be clearly marked at the point-of-sale.

6. Competing domestic applications from different networks shall not be offered on the same debit card. However, non-competing complementary domestic applications from different networks may exist on the same debit card. In mobile wallets or mobile devices, debit payment credentials from payment card networks must be represented as separate payment applets.

A debit card may contain multiple applications, such as PIN-based and contactless. A card may not have applications from more than one network to process each type of domestic transaction, such as point-of-sale, Internet, telephone, etc. This limitation does not apply to ABM or international transactions.

7. Payment card networks will ensure that co-badged debit cards are equally branded. All representations of payment applets in a mobile wallet or mobile device, and the payment card network brands associated with them, must be clearly identifiable and equally prominent.

Payment card network rules shall ensure that the payment networks available on payment cards will be clearly indicated. Payment card networks will not include rules that require that issuers give preferential branding to their brand over others. To ensure equal branding, brand logos must be the same size, located on the same side of the card and both brand logos must be either in colour or black and white.

8. Payment card network rules will ensure that debit and credit card functions shall not co-reside on the same payment card and that consumers shall have full and unrestricted control over default settings on mobile devices and mobile wallets to select such debit or credit payment applets.

Debit and credit cards have very distinct characteristics, such as providing access to a deposit account or a credit card account. These accounts have specific provisions and fees attached to them. Given the specific features associated with debit and credit cards, and their corresponding accounts, such cards shall be issued as separate payment cards. Consumer confusion would be minimized by not allowing debit and credit card functions to co-reside on the same payment card.

Credit and debit payment credentials can be stored on, or accessed by, the same mobile device or mobile wallet, provided that they are clearly separate payment applets, and consumers can select which payment applet shall be used for contactless payments.

Credit and debit payment credentials will only be issued to mobile devices or mobile wallets that do not have pre-set default preferences that cannot be changed and that provide consumers with full and unrestricted discretion to establish any default preference(s) for payment options. Selecting default preferences shall only be done by consumers based on a clear and transparent process, clearly accessible through the mobile user interface, and consumers should be able to easily change default settings in a timely manner.

9. Payment card network rules will require that premium credit and debit cards may only be given to consumers who apply for or consent to such cards. Premium cards, and the payment applets that link to premium card payment credentials, should clearly indicate that they are premium products (e.g. display clear and prominent branding used by the payment card networks to identify them as premium products). In addition, premium payment cards shall only be given to a well-defined class of cardholders based on individual spending, assets under management, and/or income thresholds and not on the average of an issuer’s portfolio.

Premium payment cards have a higher than average interchange rate. They must be targeted at individuals who meet specific spending, assets under management, and/or income levels.

For payment card networks that have differential acceptance costs for premium cards, payment card network rules will require issuers to include a statement on all cardholder applications for premium cards disclosing that these premium cards can impose higher card acceptance costs on merchants. This disclosure should be featured prominently on the cardholder application.

10. Payment card network rules will ensure that negative option acceptance is not allowed.

If payment card networks introduce new products or services, merchants shall not be obligated to accept those new products or services. Merchants must provide their express consent to accept the new products or services.

11. Payment card network rules will not require that merchants accept contactless payments at the point-of-sale, or to upgrade point-of-sale terminals to enable contactless payments.

If a merchant chooses to accept contactless payments at the point-of-sale, the merchant shall be able to cancel the contactless acceptance on their terminal for each payment card network, with thirty days’ notice, while maintaining all other aspects of their existing contract without penalty.

Should fees set by a payment card network in respect of contactless payments made from a mobile wallet or mobile device increase relative to card-based contactless payments, the payment card network will develop the technical specifications to ensure that merchant acceptance of contactless payments made from a mobile wallet or mobile device can be cancelled at the point-of-sale without disabling other forms of contactless payment acceptance. Merchants shall be able to opt out of accepting contactless payments made from a mobile wallet or mobile device by giving 30 days’ notice to their acquirer (or applicable registered agent), while maintaining all other aspects of their existing contract without penalty.

12. Payment card network rules will require that information about merchant-acquirer agreements, including cancellation and renewal terms and conditions, will be disclosed in a way that is clear, simple and not misleading.7

Merchants may provide notice of non-renewal at any point during the contract period up to ninety days prior to contract expiry.

Fixed term contracts will not be automatically renewed for the full initial term, but may convert to automatically renewable contract extensions of no longer than six months. Merchants may provide notice of non-renewal at any point during the extension period, up to ninety days prior to the end of each term.

This element applies to both the merchant-acquirer agreement and to any related service contracts with service providers. In situations where there is a business connection between the participant and the service providers, services are considered related and as a single service package.8

13. Payment card network rules will require that merchants have access to a clear dispute resolution process that provides for an investigation and timely response of complaints pertaining to the Code.

If a merchant believes that its service providers’ conduct is contrary to the Code, they may report the issue to their acquirer.9 Service providers include, but are not limited to, acquirers, processors, independent sales organizations, and referral agents.

The acquirer will review the issue with the merchant, undertake an investigation, and respond to the merchant within ninety days.

If the acquirer’s complaint process is exhausted and a satisfactory resolution not achieved, the merchant may submit the complaint to the payment card networks.

To facilitate the exchange of information, payment card networks will develop a common template and information requirements to facilitate the submission of a complaint by a merchant.

Payment card networks will investigate any complaints received from the acquirer, FCAC, or directly from a merchant and will work with their participants to find an appropriate resolution, and communicate the outcome of its investigation directly to the merchant, with a copy to the acquirer, within forty-five days of receiving the complaint.

Acquirers will establish an internal complaints handling process and make information on their process easily available to merchants.10 At a minimum, the complaints handling process must adhere to the following standards:

Acquirers will provide merchants with a summary of the complaint handling process and post it prominently on their website (a link to the website is to be included in the information summary box).

Acquirers must acknowledge receipt of the merchant complaint within five business days.

Acquirers must investigate all complaints and provide a substantive response to merchants that consists of either: (a) an offer to resolve the complaint; or (b) denial of the complaint with reasons.

Acquirers must provide their final decision within 90 days of receiving the merchant complaint, along with:

A summary of the complaint;

The final result of the investigation;

Explanation of the final decision; and

Information on how to further escalate a complaint in the event of an unsatisfactory outcome, along with the complaint handling form.

If acquirers cannot provide a response within 90 days, the merchant must be informed of the delay, reason for the delay, and the expected response time.

With the exception of the response time, each of these standards also applies to the payment card networks for investigating and responding to merchant complaints.

Payment card networks must be informed in writing of the aggregate number of any Code-related complaints received by acquirers, the nature of the merchant complaints, and the outcomes on a semi-annual basis. The payment card networks will also share the above information with the Financial Consumer Agency of Canada, as well as aggregate information on complaints resolved by the payment card networks.

Nothing in the above process restricts the merchant from directly filing complaints with the Financial Consumer Agency of Canada, or a payment card network, to investigate non-compliance with the Code.

Footnotes:

Footnote 1

“Acquirers” are entities that enable merchants to accept payments by credit or debit card, by providing merchants with access to a payment card network for the transmission or processing of payments.

Footnote 2

Registered agent refers to any merchant focused sales actor that requires registration by an acquirer with a payment card network, either directly or through the sponsorship of an acquirer.

Footnote 3

The effective merchant discount rate is calculated as the total fees paid by the merchant to an acquirer, related to the processing of a specific type of payment card from a payment card network, divided by the total sales volume for that type of payment card.

Footnote 4

For greater clarity, “applicable” means only those categories of interchange rates that apply to the transactions originated by an individual merchant. For example, if rates for a specific industry program are reduced, but the transactions originated by the merchant do not qualify for those program-specific rates, then the merchant would not be entitled to pass-through of those program-specific reductions.

Footnote 5

Structural changes are significant changes to the fee structure for a payment card network. This includes the introduction of new types of interchange or other fees, a change to the interchange rate structure or the introduction of a new type of credit or debit card.

Footnote 6

The FCAC has released guidance that provides additional clarification on the extension of this element to multiple service provider contracts.

Footnote 7

The intention is to limit this element to standard-form contracts, i.e. those contracts that have not been custom negotiated between the parties with benefit of legal counsel.

Footnote 8

See FCAC Commissioner’s Guidance 10 for additional information on the interpretation of this clause.

Footnote 9

For the purposes of this element, acquirer is defined as the payment processing company (“processor”). Therefore, in cases where processing companies are sponsored by acquiring banks, the obligation for establishing the complaints handling process in the first step of the process will rest with the processor, not the acquiring bank.

Footnote 10

FCAC Commissioner’s Guidance 12 includes additional information on best practices for establishing an internal complaints handling process.

DMCA Notice

Procedure for making copyright infringement claims

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through BlueSnap, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

The above information must be submitted as a written notification to the following Designated Agent:
VP Legal Services, BlueSnap Inc. ATTN: Claim Infringement Department

Address of Designated Agent:
BlueSnap, Inc., 800 South Street, Suite 640, Waltham, MA 02453, USA
Telephone Number of Designated Agent: +1(781) 790-5013
Facsimile of Designated Agent: +1(781) 609-2009

Email Address of Designated Agent: [email protected]

Please note that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties and including monetary damages, court cost and attorney fees incurred by BlueSnap, or by any copyright owner, or copyright owner licensee that is injured as a result of our relying upon the misrepresentation. You may also be subject to criminal prosecution for perjury.

GDPR Compliance

The General Data Protection Regulation came into force on 25th May 2018. This far-reaching regulation replaces the various regulations and national laws that were in place across the European Economic Area (EEA) over the previous two decades. The regulation increases the level of control EEA citizens and residents have over their personal data in the new digital age and presents a more unified environment for international business across Europe. Following the finalization of the Brexit process, the UK’s Data Protection Act  (DP Act) now embodies the provisions of the GDPR.

The Regulation and DP Act impact any business that receives, processes, stores or transfers personal data of EEA- or UK-based individuals, regardless of its location. Personal data is defined broadly and typically includes information relating to an individual such as name, email, location, online identifier, IP address, home address etc., whether in a work or domestic setting. New rights are given to individual data subjects concerning the personal data being stored, including the right prior notification of what data is being used for, how it will be processed and when it will be deleted. As a result, most businesses dealing the European and UK markets have had to review and update their data practices and privacy policies. High punitive fines can be levied for businesses that do not comply.

BlueSnap & the GDPR/DP Act

The General Data Protection Regulation (GDPR) came into force in May 2018

At the that time BlueSnap updated its merchant agreement terms, privacy policy and cookie usage to be in line with GDPR requirements, as well as ensuring that our systems and third-party services were in compliance.  We continue to ensure our systems and third-party services remain in compliance.

BlueSnap Data Protection Addendum

To enable BlueSnap merchants to continue accepting orders from individuals based in the European Economic Area (EEA) in compliance with the GDPR BlueSnap put into effect a Data Protection agreement containing mandatory provisions for all merchants wherever they are based.

We therefore issued a Data Protection Addendum effective for BlueSnap and all merchants as from 25th May 2018. This has been subsequently updated and you can review the current Data Protection Addendum here: https://www.bluesnap.com/legal/BlueSnapDPA.

Updated Privacy Policy

BlueSnap also updated its Privacy Policy to cover new requirements introduced by the GDPR/DP Act and continues to update in accordance with global privacy requirements.  You can view the current version on our Privacy Policy page at https://www.bluesnap.com/privacy-policy/.

These efforts are the continuation of BlueSnap’s commitment to comply with global privacy and security standards. Following the European Court of Justice’s decision to invalidate the EU-US Privacy Shield scheme in late July 2020, BlueSnap is using the EU’s Standard Contract Clauses as the basis for compliance regarding data transfers from the EEA to countries including the US that are not recognized as having adequacy status by the EU. BlueSnap is updating data processing agreements with relevant parties involved in the processing, receipt, and storage of personal data and merchants should contact merchant support for details.

We strongly advise merchants that receive shopper details from EEA-based individuals to ensure their own data management practices are in compliance with the GDPR/DP Act, and that other third party services used in addition to BlueSnap, are also compliant.

CCPA

The California Consumer Privacy Act (CCPA) became effective on January 1st, 2020 and it’s important that BlueSnap merchants are in compliance.

The legislation applies to businesses based inside and outside California that deal with the data of Californian consumers and residents.

Including the right to:

Which Companies Must Comply?

Businesses that fall within just one of the following criteria must be in compliance:

Business Obligations

Some main matters to address under the CCPA:

Other Offices:

BlueSnap Payment Services (Ireland) Ltd

Block 1

Blanchardstown Corporate Park

Dublin 15

D15 AKK1

BlueSnap Payment Services Ltd

2 Sheraton St. Medius House

London, United Kingdom W1F 8BH

Authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2017 reference no. 629580, for the provision of payment services.

BlueSnap India Private Limited

Unit-S 2213, Katha No. 287, Sy. No.-5

Hoodivillage, Mahadeva Pura Kr Pura, Hobli

Bangalore 560048

Karnataka, India

BlueSnap Enterprise Canada ULC

380 Wellington Street

Tower B, 6th Floor

London, Ontario N6A 5B5, Canada

BlueSnap Australia Pty Limited

37 Bligh Street

Suite 12 Level 12

Sydney NSW 2000 Australia

More Information:

UK VAT ID: 213 8035 39

US VAT ID: EU826002156

No Spam Guidelines

BlueSnap does not allow the use of any BlueSnap links and products in any type of spam activity.

The following guidelines can assist you in making sure your electronic marketing messages are not considered spam and are compliant with the CAN-SPAM Act.

These guidelines are taken from an official Federal Trade Commission CAN-SPAM web page.

Please note that spam is expressly against the terms of the BlueSnap Sellers agreement, and any spam communications relating to your BlueSnap account may lead to your account suspension, hold back of funds, indemnity claims and financial penalties. We appreciate your cooperation in keeping your account fully compliant with the CAN-SPAM Act.

The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act does not apply just to bulk email. It covers all commercial messages, which the law defines as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email, for example, a message to former customers announcing a new product line must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

Report Spam

If you believe that a BlueSnap link was used in spam activity please submit a report to [email protected] and include the relevant link/s and message/s.

BlueSnap Prohibited Items

If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.

By registering for BlueSnap, you are confirming that you will not use the Service to accept payments in connection with prohibited businesses, business activities or business practices.

List of Prohibited Items:

I. You may not sell or promote any items or services prohibited by law in the jurisdiction of transaction.

II. You may not sell any of the items listed below:

PCI-DSS Compliance

PCI-DSS Responsibilities of BlueSnap and Merchants

BlueSnap complies with Level 1 Payment Card Industry Data Securities Standards (PCI-DSS), which is the highest standard of PCI compliance.

Whenever shopper’s cardholder payment data is transmitted, processed, or managed through the BlueSnap platform, BlueSnap takes responsibility for the proper security of the data entrusted to us in accordance with PCI-DSS requirements.

Merchants that use BlueSnap’s hosted secure order pages benefit from having the main burden of PCI compliance covered by BlueSnap. Nevertheless, as Merchants have access to transaction invoices they must carefully manage the administration of such data in line with relevant privacy legislation and Card Association rules. We recommend that such Merchants take steps to ensure their compliance by benefitting from free enrollment with our PCI specialist partner Security Metrics.

Merchants that host their own order pages and use BlueSnap Payment APIs are required to be fully PCI-DSS compliant and are responsible to securely manage all shopper’s payment data. Such Merchants are encouraged to simplify such compliance obligations and to protect and secure their business and customer data through the PCI security programs BlueSnap has established with Security Metrics https://www.securitymetrics.com/pcidss/bluesnap

Further general information about PCI-DSS can be found here: https://www.pcisecuritystandards.org/security_standards/index.php

Refund Policy

Refund policies are determined and implemented by the individual merchant. If you have a refund, return or exchange request for an order placed with your merchant, please contact them directly. Each merchant should clearly state their refund policy under terms and conditions on their website in order to ensure the shopper fully understands those terms prior to completing their purchase.

If you have a refund, return or exchange request for an order you placed with BlueSnap (acting as an authorized reseller for the merchant), please contact BlueSnap via email at [email protected] no later than thirty (30) days after you submitted the order to BlueSnap. BlueSnap may grant an extension to the 30 days at their discretion. In certain cases, such as services already utilized or the download of digital goods, these cancellation or return rights may be conditioned or for a shorter period. Please view Terms & Conditions at https://www.bluesnap.com/ecommerce/legal/terms_and_conditions.

Subscriptions and recurring charges

Ongoing subscriptions and recurring charges may be canceled at any time. The cancellation will take place from the next billing period. A cancellation will only cancel future billings.

Dispute resolution procedures

The BlueSnap dispute system is designed to facilitate polite and amicable communication between merchants and shoppers and to assist them in resolving any issues that may arise.

Reasons for cancellation

BlueSnap reserves the right to cancel a transaction in order to comply with credit card industry regulations, payment processor, and banking rules, or the need to comply with legal requirements, intellectual property rights, court orders and law enforcement agencies. In addition, BlueSnap may cancel transactions it reasonably considers to be potentially fraudulent, unlawful, or in breach of BlueSnap’s prohibited items & DMCA policy or privacy policy.