This payment agreement from Braintree and the agreements it contains, Policies and documents (`agreement`) are entered into by and between PayPal, Inc., a Delaware company with an address of 2211 North First Street, San Jose, CA 95131 (“Braintree,” “PayPal,” “us” or “unser”) and the entity or person entering into the agreement (“Merchant” or “You”). This agreement sets out the conditions under which you can use braintree payment services. In the event that we do not receive satisfactory information to verify your identity or determine that you are solvent, PayPal reserves the right to terminate this contract with immediate notification, suspend access to Braintree payment services and refuse or withdraw payments from your customers. PayPal will notify you immediately, to the extent permitted by law, if PayPal receives a request from a customer for access, correction, modification or removal of this personal data. PayPal will not respond to such a request without your prior written consent unless you confirm that the request concerns you and consent to such communication with your client by PayPal. PayPal will provide you with economically appropriate cooperation and assistance in processing the customer`s request for access to this customer`s personal data, provided that this cooperation and assistance is authorized by law and that you do not have access to this information using payment services. PayPal and you acknowledge and consent that, under existing legislation, PayPal has the right to retain and process this customer data in accordance with applicable legislation, including, but not limited to, all applicable exceptions, restrictions, exceptions and/or exclusions provided for in the CCAC (including, but not limited to, but not limited to, exceptions, exceptions and/or exclusions under the California Civil Code . 1798.145). measures taken to prevent unauthorized access to data processing facilities (for example. B secure access, badges); No liability for recovery: many agent contracts do not explicitly specify whether the distributor is responsible for refunds and other types of dealer losses.
A sales agent is advised to add to the agent`s agreement a term that explicitly states that commercial agents have no responsibility for distributor losses. Most credit card sellers will be counter-caught by a clause that states that the seller is liable for the dealer`s losses, but only to the extent that the seller commits fraud. 2.2 Braintree must meet the requirements of data protection legislation, those responsible for processing the use of distributor data under this agreement (including, but not limited to the implementation and maintenance of all appropriate security measures concerning the processing of distributor data and recording all processing activities carried out in relation to distributor data) and cannot do anything knowingly or allow something to be done with respect to merchant data that could result in a breach of commercial data.