First Atlantic Commerce

   

First Atlantic Commerce

   

Privacy Policy

1. Introduction

1.1    We are committed to safeguarding the privacy of our employees, website visitors, service users, individual customers and customer personnel.

1.2    This policy applies:

a. For website purposes, where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.

b. For transaction processing purposes, we are acting as a data processor with respect to the transactional/personal data collected as required for processing the financial transaction initiated by the cardholder.

1.3    In this policy, “we”, “us” and “our” refer to First Atlantic Commerce Ltd (hereinafter referred to as “FAC”). For more information about us, see Section 15.

2. The personal data that we collect

2.1    Website:

a. Cookies – We use cookies on our website however we do not capture any personal data. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

b. Data collected – we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.

i. We may process data enabling us to get in touch with you (“contact data“). The contact data may include your name, email address, telephone number, postal address.. The source of the contact data is you and/or your employer.

ii. Communication Data – We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

iii. Usage data – We may process data about your use of our website and services (“usage data“). The source of the usage data is our analytics tracking system however all data is aggregated and individual user data is not stored by FAC.

2.2        Transaction processing

a.    General: FAC is a payment service provider, which provides the technical ability for merchants, wishing to accept credit/debit cards for payment of their goods and services by their customers. Such customers/cardholders can be located in any country around the globe. FAC provides these services via partnerships with bank acquirers which requires various technical configurations between the FAC infrastructure and that of the bank acquirer/processor. The customer data used in the cardholder authentication process (EMV 3DS) and that for transaction processing are requirements mandated by the card associations.  

b.    Transaction data: We process information relating to transactions, including purchases of goods and/or services, that an individual has entered into on a website managed by a merchant which has a contract with FAC for transaction processing services  our website (“transaction data“). The transaction data may include a persons  name,  contact details,  payment card details (or other payment details) and the transaction details. The source of the transaction data is the individual purchaser of goods and/or our merchant customer.

3. Purposes of processing and legal bases

In this section, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.1    Operations – We process cardholder personal data for the purposes of processing credit card transactions submitted via a merchant website by or authorized by the cardholder. The legal basis for this processing is the performance of a contract between FAC, the acquiring bank or a merchant customer of FAC. By submitting the payment request, the cardholder has authorized us to use the data provided for the purpose of obtaining a transaction response from the cardholder’s bank (Issuer).

3.2    Relationships and communications – We may process contact data for the purposes of managing our relationships, communicating with you  by email  and/or telephone, providing support services and complaint handling. The legal basis for this processing is communication with our website visitors, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our website, services and business.

3.3    Direct marketing – We may process contact data for the purposes of creating, targeting and sending direct marketing communications by email and making contact by telephone for marketing-related purposes. The legal basis for this processing is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.4    Research and analysis – We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. However, this business use will only use data in the aggregate and not individual personal data. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.5    Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.6    Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.7    Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.8    Legal claims – We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.9    Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

4. Providing your personal data to others

4.1    Your personal data held in our website database will be stored on the servers of our hosting services providers identified at https://digitalchaos.ca/hosting/

4.2    Cardholder transaction data will be shared with the merchant’s acquiring bank/processor and the cardholder’s issuing bank as part of the transaction processing. This process and technical data requirements are mandated by the card associations. Further cardholder authentication data is sent to the cardholder’s issuing bank as part of the cardholder authentication process, using process flows mandated by the card associations. 

4.3    Where we have been contracted to do so by the merchant or acquiring bank, we will send the required cardholder and transaction data to our Fraud Management partner (Kount Inc) based in the United States. You can find information about Kount Inc’s privacy policies and practices at https://kount.com/legal/privacy-policy/

4.4    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. Retaining and deleting personal data

5.1    This Section 5 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2    All sensitive data collected as part of the transaction process is stored securely within the Company technical infrastructure. It is secured through restricted access controls and is encrypted with the encryption keys securely managed.

5.3    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary.

5.4    We will retain your personal data as follows:

(a)    contact data will be retained an unlimited period of or until we are requested to remove it by the person involved;

(b)    Card/transaction data will be retained for a minimum period of 2 years following the date of the transaction, and for a maximum period of 5 years following that date;

(d)    communication data will be retained for a minimum period of 2 years following the date of the communication in question, and for a maximum period of 5 years following that date;

5.5    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Your rights

6.1    Below, we have listed the rights that you have under data protection law although for transaction processing, restrictions apply as noted below. 

6.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data; for transaction processing, the cardholder provides the data we use and it is not technically possible to modify this data once it is used for processing.

(c)    the right to erasure – you can ask us to erase your personal data; for transaction processing, we are required to retain the data for a period of time for audit and compliance purposes. Additionally transactional data is retained in our data backup environment for a period up to 5 years .

(d)    the right to restrict processing – you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)    the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h)    the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

6.3    You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.

7. About cookies

7.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

7.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

7.3          Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

8. Cookies that we use

8.1    We use cookies for the following purposes:

(a)    Website – we use cookies for analytics purposes only where data is aggregated by our Data Analytics provider;

(b)    Merchant Portal – cookies are used only ASP.NET Core authentication, anti-forgery cookies and for storing Dashboard settings. No personal data is used;

(c)    Hosted Payment Pages – does not use cookies;

9. Cookies used by our service providers

9.1    We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google’s privacy policy at https://policies.google.com/privacy

10. Managing cookies

10.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647 (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);

(c)    https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f)    https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).

10.2  Blocking all cookies will have a negative impact upon the usability of many websites.

10.3  If you block cookies, you will not be able to use all the features on our website.

11. Amendments

11.1  We may update this policy from time to time by publishing a new version on our website.

11.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

12. Our details

12.1  This website is owned and operated by First Atlantic Commerce Ltd.

12.2  We are registered in Bermuda and our registered office is at 4 Burnaby Street, Hamilton Bermuda HM11

12.3  Our principal place of business is at 4 Burnaby Street, Hamilton, Bermuda HM11

12.4  You can contact us:

(a)    by post at Suite 498, Rosebank Centre, 11 Bermudiana Road, Pembroke, Bermuda, HM08

(b)    using our website contact form (https://firstatlanticcommerce.com/contact-us/);

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using dpo@fac.bm.

13. Representatives

Our representative within the EU and UK with respect to our obligations under data protection law is Thomas Rickert | rickert.law |thomas@rickert.law

14. Data protection officer

Our data protection officer’s contact details are: dpo@fac.bm

15. Complaints

We are committed to working with you to obtain a fair resolution of any complaint or concern about your privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to complain to the data protection authority/regulator, as applicable, in your jurisdiction. We have set out below the contact details for the relevant authority/regulator in Bermuda:

Office of the Privacy Commissioner of Bermuda

Maxwell Roberts Building,

4th Floor 1 Church Street

Hamilton, HM11

Bermuda

Website:  https://www.privacy.bm/