Vesta EU Supplemental Privacy Policy

    Effective Date: January 1, 2021
    Last Modified: May 29, 2021

     

    This Privacy Shield Policy ("Policy") describes how Vesta Corporation ("US") ("Company," "we," or "us") collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area ("EEA"), Switzerland, and the United Kingdom ("UK"), ("Personal Data"). This Policy applies to the following US entities: Vesta Corporation. This Policy supplements our Privacy Policy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Privacy Policy.

    Vesta recognizes that the EEA, Switzerland, and the UK have established strict protections regarding the handling of Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the EEA, Switzerland, and the UK. To provide adequate protection for certain Personal Data about consumers, corporate customers, clients, suppliers, business partners, job applicants, and employees received in the US from the EEA, Switzerland, and the UK, Vesta has elected to self-certify to the EU-US Privacy Shield Framework and the SWISS-US Privacy Shield Framework administered by the US Department of Commerce ("Privacy Shield"). Vesta adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.

    For purposes of enforcing compliance with the Privacy Shield, Vesta is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website. To review Vesta's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list.

    Personal Data Collection and Use

    Our Privacy Policy located at [URL] describes the categories of Personal Data that we may receive in the US as well as the purposes for which we use that Personal Data. We may receive the following categories of Personal Data in the US: name, mailing address, postal code, email address, telephone number, credit card number, debit card number, card expiration date, CVV number, bank account number, merchant identification, personal identification number, cookies, time zone, language, browser information, javascript settings, type of mobile device, mobile carrier, demographic information and any other information that Vesta may collect in order to process payments. The specific types of information we collect may change from time to time based on the nature of the services we provide to you. We may reach out to third party service providers for more information based on the information you have given.

    We process Personal Data for the following purposes: to provide you or your customers with the Vesta services and to help us review, develop, improve the products and services we offer, to facilitate and complete the transactions; to validate customer or card information; to verify and append information to prevent and combat fraud; to comply with government regulations and card association rules; and to perform various research and analytics. Vesta will only process Personal Data in ways that are compatible with the purpose that Vesta collected it for, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Vesta maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.

    We may collect the following categories of sensitive Personal Data: [CATEGORIES OF SENSITIVE PERSONAL DATA]. We process sensitive Personal Data for the following purposes to provide you or your customers with the Vesta services and to help us review, develop, improve the products and services we offer, to facilitate and complete the transactions; to validate customer or card information; to verify and append information to prevent and combat fraud; to comply with government regulations and card association rules; and to perform various research and analytics. When we collect sensitive Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive Personal Data to third parties, or before we use your sensitive Personal Data for a different purpose than we collected it for or than you later authorized.

    Data Transfers to Third Parties

    Third-Party Agents or Service Providers. We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf as described in our Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.

    Third-Party Data Controllers. In some cases, we may transfer Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in our Privacy Policy. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data the Privacy Shield requires. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Privacy Shield requires.

    Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

    Security

    Vesta maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

    Access Rights

    You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

    Questions or Complaints

    You can direct any questions or complaints about the use or disclosure of your Personal Data to us at privacy@vesta.io. You may also contact our affiliate Vesta Payment Solutions Ltd.   at Vesta Building, Finnabair Business Park, Dundalk, County Louth, Ireland A91 E934, or by phone at 353 (0)42 939 4600, with any questions or concerns. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate the EU data protection authorities,] [the UK Information Commissioner, the UK Information Commissioner, or the Swiss Federal Data Protection and Information Commissioner. If you are unsatisfied with the resolution of your complaint, you may contact the EU data protection authorities, the UK Information Commissioner, or the Swiss Federal Data Protection and Information Commissioner for further information and assistance.

    Binding Arbitration You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with Vesta and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).

    Contact Us

    If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: info.ireland@vesta.io