Privacy Policy, Cookie Policy and Service Agreement

Privacy Policy

Last updated: June 12, 2022

This Privacy Policy includes important information about your personal data and we encourage you to read it carefully.

Welcome

We provide economic infrastructure for the internet. Businesses of all sizes use our software and services to accept payments and manage their businesses online. Intera cares about the security and privacy of the personal data that is entrusted to us.

This Privacy Policy (“Policy”) describes the “Personal Data” that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Policy also outlines your data subject rights, including the right to object to some uses of your Personal Data by us. Please visit the Intera Privacy Center for more information about our privacy practices.

“Intera”, “we”, “our” or “us” means the Intera entity responsible for the collection and use of personal data under this Privacy Policy. It differs depending on your country. 

“Personal Data” means any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g. device information, IP address).

“Services” means the products and services that Intera indicates are covered by this Policy, which may include Intera-provided devices and apps. Our “Business Services” are Services provided by Intera to entities (“Business Users”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Business Users’ own business and activities. Our “End User Services” are those Services which Intera directs to individuals (rather than entities) so that those individuals do business directly with Intera. “Sites” means Intera.com and the other websites that Intera indicates are covered by this Policy. Collectively, we refer to Sites, Business Services and End User Services as “Services”.

Depending on the context, “you” means End Customer, End User, Representative or Visitor:

  • When you directly use an End User Service (such as when you sign up for Link, or make a payment to Intera Climate in your personal capacity), for your personal use, we refer to you as an “End User.”
  • When you do business with, or otherwise transact with, a Business User but are not directly doing business with Intera, we refer to you as an “End Customer.”
  • When you are acting on behalf of an existing or potential Business User (e.g. you are a founder of a company, or administering an account for a merchant who is a Business User), we refer to you as a “Representative.”
  • When you visit a Site without being logged into a Intera account or otherwise communicate with Intera, we refer to you as a “Visitor.” (e.g. you send Intera a message asking for more information because you are considering being a user of our products).

Depending on the activity, Intera acts as a “data controller” or “data processor” and for more information about this and on the Intera entity that is responsible under this Policy,

  • 1. Personal data that we collect and how we use and share it
  • 2. More ways we collect, use and share personal data
  • 3. Legal bases for processing data
  • 4. Your rights and choices
  • 5. Security and retention
  • 6. International data transfers
  • 7. Updates and notifications
  • 8. Jurisdiction-specific provisions
  • 9. Contact us
  1. Personal data that we collect and how we use and share it

1.1 End Users

We provide End User Services where we do not act as a service provider to Businesses but instead provide the Services directly to you for your personal use (e.g. Link user). See here for further information on the legal bases which we rely on for using (processing) your Personal Data.

Personal data that we collect about End Users

  • Paying Intera. If you are buying goods or services directly from Intera, we receive Transaction Data. For example, when you make a payment to Intera Climate, we will collect contact information, payment method information, information about that transaction and in some cases, shipping information.
  • Other Services. We may offer other End User Services directly to you from time to time, including certain financial Services. 
  • More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.

How we use and share personal data of End Users

  • Services. We use your Personal Data to provide the End User Service to you, including security, delivery, support, personalization and messages related to the End User Service (e.g. communicating Policy updates and information about our Services). We also use your Personal Data for our fraud detection and mitigation Business Services and may share certain Personal Data as part of those Business Services with Business Users that you may seek to do business with. The use of this Personal Data is subject to the Business Users’ privacy policies.
  • Our Business Users. When you choose to connect your bank account with Intera, you may also choose to share account information with certain Business Users that you do business with. These Business Users will have their own privacy policies which describe how they use that information.
  • Transactions. For payment transactions with Link, End User Personal Data is shared with others to enable the transaction. For example, when you choose to use a payment method for the transaction with Intera or with Link (e.g. credit card, debit card, buy now pay later, or direct debit), that payment method will receive transaction information that includes your Personal Data. Please review your payment method’s privacy policy to learn more. When you use Link, the merchant you choose to do business with will also receive Transaction Data that includes your Personal Data and with your permission, your bank account information. The merchant may share that Personal Data with others (see below regarding End Customers). Please review your merchant’s privacy policy for further information.
  • Fraud Detection Services. We use your Personal Data collected across our Services (e.g. Intera Radar) to detect and prevent fraud against us, our Business Users and financial partners, including to detect unauthorized log-ins using your online activity. We may provide Business Users (including card issuers and others involved in payment processing activities) that have requested our fraud Business Services with Personal Data about you (including your attempted transactions) so that they can assess the associated fraud risk with a transaction. You can learn more about how we may use technology to assess the fraud risk associated with an attempted transaction here.
  • Advertising. We may use your Personal Data to assess your eligibility for and offer you other End User Services. With your permission or where allowed by law, we use and share End User Personal Data with others so that we may market our products and services to you, including through interest-based advertising where allowed by applicable law, including subject to any consent requirements. See our Cookie Policy. We do not share End User Personal Data with third parties for their marketing or advertising unless you give us or the third party permission to do so. We do not sell the data of End Users.
  • More. Please see below for information about additional ways in which we may use and share your Personal Data.

1.2 End Customers

Intera offers Business Services to our Business Users (e.g. in-person checkout or online checkout). When we are acting as a Business User’s service provider (or data processor), we will process Personal Data in accordance with the terms of our agreement with the Business User and the Business User’s lawful instructions. For example, we process payment transactions for a Business User because you bought a product from them. Business Users are responsible for making sure that their End Customer’s privacy rights are respected, including ensuring appropriate disclosures about data collection and use that happens in connection with their services. If you are an End Customer (e.g., a purchaser of a product at an online Business User site), please refer to the privacy policy or notice of the Business User for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly. See here for further information on the legal bases which we rely on for using (processing) your Personal Data.

  1. Personal data that we collect about End Customers
  • Transaction Data. If you are an End Customer, when you make payments to, get refunds from, begin a purchase, make a donation or otherwise transact with a Business User that uses us to provide payment processing Business Services, we will receive transaction data. The “Transaction Data” that we collect includes Personal Data, and may include the following: your name, email address, billing address, shipping address, payment method information (such as credit or debit card number, bank account information or payment card image selected by you), merchant and location, purchase amount, date of purchase, and in some cases, some information about what you have purchased and your phone number. We may also receive your transaction history with the Business User. We may collect information typed into a checkout form, even if you choose not to complete the form or purchase with the Business User. 
  • Identity/Verification Information. Intera provides a verification and fraud Service that allows a Business User to verify Personal Data about you, such as your age (when purchasing age restricted goods) or your authorization to use a payment method. You will be asked to share Personal Data and we will collect the information that you share for this purpose, such as your government ID, your image, and Personal Data you input or that is apparent from the physical payment method (e.g. credit card image). We may compare this information with information about you we collect from Business Users, financial partners, business partners, identity verification services, publicly available sources, and third party service providers. 
  • More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.
  1. How we use and share personal data of End Customers

We generally use and share Personal Data of End Customers with Business Users to provide Business Services as described below, as well as for Intera’s own purposes to secure, improve and provide our Business Services, as described below.

  • Payments. We use your Transaction Data to provide our Payments related Business Services to Business Users, including to process online payment transactions, to calculate applicable sales tax, to invoice and bill, and to calculate their revenue. We may also use Personal Data to provide and improve our Business Services.
    • For payment transactions, your Personal Data is shared with a number of parties in connection with your transaction. Because we act as a service provider or processor, we share Personal Data to enable the transaction. For example, when you choose to use a payment method for the transaction (e.g. credit card, debit card, buy now pay later, or direct debit), your payment method will receive the Transaction Data that includes your Personal Data. Please review your payment method’s privacy policy to learn more about how they use and share this information.
    • The merchant you choose to do business with will also receive Transaction Data that includes your Personal Data and the merchant may share that Personal Data with others. Please review your merchant’s privacy policy to learn more.
  • Other Financial Services. Some of our Business Users use our Services in order to offer financial services to you, through Intera or its financial partners. For example, they may provide a card product that enables you to purchase goods and services. These cards may carry the Intera brand, bank partner brand and/or the brands of Business Users. In addition to any Transaction Data we may produce or receive when these cards are used for purchases, we will also receive and use your Personal Data in order to provide and manage these products. Please also see the privacy policies of the Business User and our bank partner, if applicable, associated with the financial service (whose brands may be shown on the card).
  • Identity/Verification Services. We use Personal Data about your identity, including information provided by you and our service providers, to perform verification Services for Intera or for the Business Users that you are doing business with and to reduce fraud and enhance security. If you provide a “selfie” along with an image of your identity document, we will use technology to compare and calculate whether they match and you can be verified. 

 

  • Fraud Detection Services. We use your Personal Data collected across our Services to detect and prevent fraud against us, our Business Users and financial partners (e.g. Intera Radar), including to detect unauthorized log-ins using your online activity. We may provide Business Users (including card issuers and others involved in payment processing activities) that have requested our fraud Business Services with Personal Data about you (including your attempted transactions) so that they can assess the associated fraud risk with a transaction. You can learn more about how we may use technology to assess the fraud risk associated with an attempted transaction and what information we may share with Business Users.
  • Our Business Users (their Authorized Third Parties). We share Personal Data of End Customers with their respective Business Users and with parties directly authorized by those Business Users to receive Personal Data. This includes sharing Personal Data of End Customers with Business Users when a Business User authorizes a third party application provider to access its Intera account using Intera Connect. For example, when the Business User uses Identity Services to verify an End Customer’s identity, Intera shares with the Business User the information, documents or photos provided by the End Customer to verify their identity. The Business Users you choose to do business with may further share your Personal Data to third parties they authorize. Please review your merchant’s privacy policy to learn more.
  • Advertising by Business Users. If you have begun a purchase, we share Personal Data with that Business User in connection with our provision of Services and that Business User may use your Personal Data to market and advertise their products or services. Please review your merchant’s privacy policy to learn more, including your rights to stop their use of your Personal Data for marketing purposes. We do not use or share End Customer Personal Data for our marketing or advertising, or for marketing and advertising by third parties who are not the Business User with which you have transacted or attempted to transact. We do not sell the data of End Customers.
  • More. Please see below for information about additional ways in which we may use your Personal Data.

1.3 Representatives

To provide Business Services, we collect, use and share Personal Information from Representatives of our Business Users (e.g. a business owner). If the Representative is the only employee of a Business User, please see the End User and End Customer sections to understand additional ways in which we can collect and use your Personal Data when you use our Services. See here for further information on the legal bases which we rely on for using (processing) your Personal Data.

  1. Personal data that we collect about Representatives
  • Registration and Contact Information. If you register for a Intera account for a Business User (including incorporation of a Business), we collect your name and account log-in credentials. If you register for an event that Intera organizes or attends or if you sign up for Intera communications, we collect your registration and profile information. If you are a Representative of a potential Business User, we receive your Personal Data from third parties (including data providers) in order to advertise to, market and communicate with you as described further below and in Section 2.
  • Identification Information. If you are an owner of a Business User or you are expected to be a shareholder, officer or director of a Business User, we require that you provide your contact details, such as name, postal address, telephone number, and email address to fulfill our financial partner and regulatory requirements. We may also collect financial and personal information about you, such as your ownership interest in the Business User, your date of birth and government identifiers associated with you and your Business User (such as your social security number, tax number, or Employer Identification Number). You may also choose to provide bank account information.
  • More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.
  1. How we use and share personal data of Representatives

We generally use Personal Data of Representatives to provide the Business Services to the associated Business Users, as well as for the purposes described below.

  • Business Services. We use and share Personal Data of Representatives with Business Users to provide the Services. For users of our tax Business Services, we may use your Personal Data to file taxes on behalf of your associated Business User. If your Business User uses Atlas, we may use your Personal Data to submit forms to the IRS on your behalf and to file documents with other governmental authorities (e.g. articles of incorporation in your state of incorporation).
    • We share data with parties directly authorized by a Business User to receive Personal Data (e.g. financial partners servicing the financial product). The use of Personal Data by a Business User’s authorized third party is subject to the third party’s privacy policy. In some cases our Business Service will require us to submit your Personal Data to a government entity (e.g. incorporating a business, or paying applicable sales tax).
  • Advertising. With your permission or where allowed by applicable law, we use and share Representative Personal Data with others so that we may advertise and market our products and services to you, including through interest-based advertising subject to any consent requirements under applicable law. See our Cookie Policy. We do not sell Representative Personal Data.
  • More. Please see below for information about additional ways in which we may use and share your Personal Data.

1.4 Visitors (e.g. visitors to Intera sites who are not an End User, End Customer or Representative)

See here for further information on the legal bases which we rely on for using (processing) your Personal Data.

  1. Visitor personal data that we collect

When you visit our Sites, we generally receive your Personal Data either from you providing it to us or through our use of cookies and similar technologies. See our Cookie Policy.

  • Forms. When you choose to fill in a form on the Site or on third party websites featuring our advertising (e.g. LinkedIn or Facebook), we will collect the information included in the form, usually your contact information and other information about your question related to our Services.
  • More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.
  1. How we use and share visitor personal data
  • Personalization. We use information about you that we gather from cookies and similar technologies to measure engagement with the content on the Sites, to improve relevancy and navigation, to personalize your experience and to tailor content about Intera and our Services to you.
  • Advertising. With your permission or where allowed by law, we use and share Visitor Personal Data with others so that we may advertise and market our products and services to you, including through interest-based advertising where allowed by applicable law, including subject to any consent requirements. See our Cookie Policy.
  • More. Please see below for information about additional ways in which we may use your Personal Data.
  1. More ways we collect, use and share personal data

In addition to the ways we collect, use and share Personal Data that are described above, we also process your Personal Data as follows.

  1. Personal Data Collection
  • Online Activity. Depending on the Service you use and the Business Users’ implementation of our Business Services, we will collect information about:
    • Devices and browsers across our Sites and third-party websites, apps and other online services (“Third-Party Sites”),
    • Usage data associated with those devices and browsers, including IP address, plug-ins, language used, time spent on Sites and Third-Party Sites, pages visited, links clicked, and the pages that led or referred you to Sites and Third-Party Sites. For example, activity indicators, like mouse activity indicators, help us detect fraud. Please also see our Cookie Policy.
  • Communication and Engagement Information. We will collect any information you choose to provide to us, for example, through support tickets, emails or social media. When you respond to Intera emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Intera, as well as other information you may provide during the call. We will also collect your engagement data such as your registration for, attendance of, or viewing of Intera events and other interaction with Intera personnel.
  • Forums and Discussion Groups. Where our Sites allow you to post content, we will collect Personal Data that you provide in connection with the post.
  1. Personal Data Usage.In addition to the ways described above in which we use Personal Data, we use Personal Data in the following ways:
  • Improving and Developing our Services. We use analytics on our Sites to help us analyze your use of our Sites and Services and diagnose technical issues. To learn more about the cookies that may be served through our Sites and how you can control our use of cookies and third-party analytics, please see our Cookie Policy. We also collect and process Personal Data through our different Services, whether you are an End User, End Customer, Representative or Visitor, to improve our Services, develop new Services and support our efforts to make our Services more relevant and more useful to you.
  • Communications. We will use the contact information we have about you to perform the Services, which may include sending codes via SMS to authenticate you. Learn More. If you are an End User, Representative or Visitor, we may communicate with you using the contact information we have about you (e.g. using email, phone, text message or videoconference) to provide information about our Services and our affiliates’ services, invite you to participate in our events or surveys, or otherwise communicate with you for our marketing purposes, provided that we do so in accordance with applicable law, including any consent or opt-out requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and include you on our marketing information campaigns.
  • Social Media and Promotions. If you choose to submit Personal Data to us to participate in an offer, program or promotion, we will use the Personal Data you submit to administer the offer, program or promotion. Based on your permission or opt-out, we will also use that Personal Data and Personal Data you make available on social media to market to you.
  • Fraud Prevention and Security. We collect and use Personal Data to help us to detect and manage the activity of fraudulent and other bad actors across our Services, to enable our fraud detection Business Services, and to otherwise seek to secure our Services and transactions against unauthorized access, use, modification or misappropriation of Personal Data, information and funds. In connection with fraud and security monitoring, prevention, detection, and compliance activities for Intera and its Business Users, we receive information from service providers (including credit bureaus), third parties, and the Services we provide. We may collect information from you, and about you, from Business Users, financial parties and in some cases third parties. For example, to protect our Services, we may receive information from third parties about IP addresses that malicious actors have compromised.  This Personal Data (e.g. name, address, phone number, country) helps us to confirm identities, run credit checks subject to applicable law and prevent fraud. We may also use technology to assess the fraud risk associated with an attempted transaction by an End Customer or End User with a Business User or financial partner.
  • Compliance with Legal Obligations. We use Personal Data to meet our contractual and legal obligations related to anti-money laundering, Know-Your-Customer (“KYC”) laws, anti-terrorism, export control and prohibitions on doing business with restricted persons or in certain business areas, and other legal obligations. We strive to make our Services safe, secure and compliant, and the collection and use of Personal Data is critical to this effort. For example, we may monitor patterns of payment transactions and other online signals and use those insights to reduce the risk of fraud, money laundering and other activity that is harmful to Intera, our End Users and their End Customers.
  • Minors. The Services are not directed to minors, including children under the age of 13, and we request that they do not provide Personal Data through the Services. In some countries, we may impose higher age limits as required by applicable law. We do not sell any Personal Data of End Customers, Representatives, Visitors or End Users, including those aged between 13 to 16.
  1. Personal Data Sharing.In addition to the ways described above, we share Personal Data in the following ways:
  • Intera Affiliates. We share Personal Data with other Intera affiliated entities. When we share with these entities, it is for purposes identified in this Policy.
  • Service Providers or Processors. In order to provide Services to our Business Users and End Users and to communicate, market and advertise to Visitors, Representatives and End Users regarding our Services, we will rely on others to provide us services. Service providers (provide a variety of critical services, such as hosting (storing and delivering), analytics to assess the speed, accuracy and/or security of our Services, identity verification, customer service, email and auditing. We authorize such service providers to use or disclose the Personal Data of our Users that we make available to perform services on our behalf and to comply with applicable legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union, the United States of America and Turkey. Learn More.
  • Financial Partners. “Financial Partners” are financial institutions that we partner with to offer the Services (including payment method acquirers, banks and payout providers). We share Personal Data of our Users with certain Financial Partners to provide the Services to the associated Business Users and to offer certain Services in partnership with our Financial Partners. For example, we share certain Personal Data of Representatives (e.g. loan repayment data and contact information) with institutional investors who purchase the Capital loans that we have made to the associated Business Users.
  • Others with Consent. In some cases we may not provide a service, but instead refer you to, or enable you to engage with, others to get services (e.g. professional services firms that we partner with to deliver Atlas). In these cases, we will disclose the identity of the third party and the information that will be shared with them, and seek your consent to share the information.
  • Corporate Transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but subject to the terms of this Policy.
  • Compliance and Harm Prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, (ii) to comply with rules imposed by payment method in connection with use of that payment method (e.g. network rules for Visa); (iii) to enforce our contractual rights; (iv) to secure or protect the Services, rights, privacy, safety and property of Intera, you or others, including against other malicious or fraudulent activity and security incidents; and (v) to respond to valid legal process requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
  1. Legal bases for processing data

For the purposes of the General Data Protection Regulation, we rely upon a number of legal bases to enable our processing of your Personal Data.

 

  1. Contractual and Pre-Contractual Business Relationships.We process Personal Data for the purpose of entering into business relationships with prospective Business Users and End Users and to perform the respective contractual obligations that we have with these Users. Activities include:
  • Creation and management of Intera accounts and Intera account credentials, including the evaluation of applications to commence or expand the use of our Services;
  • Creation and management of Intera Checkout accounts;
  • Accounting, auditing, and billing activities; and
  • Processing of payments, including fraud detection and prevention, optimizing valid transactions, communications regarding such payments, and related customer service.
  1. Legal Compliance.We process Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as “Anti-Money Laundering (“AML”) and Know-Your-Customer (“KYC”)” obligations, and financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits.

 

  1. Legitimate Business Interests.Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes for which we have a legitimate interest in processing your data:
  • Detect, monitor and prevent fraud and unauthorized payment transactions;
  • Mitigate financial loss, claims, liabilities or other harm to End Customers, End Users, Business Users and Intera;
  • Determine eligibility for and offer new Intera products and services;
  • Respond to enquiries, send Service notices and provide customer support;
  • Promote, analyze, modify and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;
  • Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets;
  • Analyze and advertise our Services;
  • Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business;
  • Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business;
  • Enable network and information security throughout Intera and our Services; and
  • Share Personal Data among our affiliates.
  1. Consent.We may rely on consent to collect and process Personal Data as it relates to how we communicate with you and for the provision of our Services like Link, Atlas and Identity. When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.

 

  1. Your rights and choices

You may have choices regarding our collection, use and disclosure of your Personal Data:

  1. Opting out of receiving electronic communications from us

If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, our Business Users may still send you messages and direct us to send you messages on their behalf.

  1. Your data protection rights

Depending on your location and subject to applicable law, you may have the following rights described here with regard to the Personal Data we control about you:

  • The right to request confirmation of whether Intera processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
  • The right to request that Intera rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
  • The right to request that Intera erase your Personal Data in certain circumstances provided by law.;
  • The right to request that Intera restrict the use of your Personal Data in certain circumstances, such as while Intera considers another request that you have submitted (including a request that Intera make an update to your Personal Data);
  • The right to request that we export your Personal Data that we hold to another company, where technically feasible;
  • Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or
  • Where we process your information based on our legitimate interests, you may also have the right to object to the processing of your Personal Data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information when you object.
  1. Process for exercising your data protection rights

contact us as described below.

 

  1. Security and retention

We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.

To help us protect personal data, we encourage you to use a strong password and never share your password with anyone or use the same password with other sites or accounts. If you have reason to believe that your interaction with us is no longer secure (e.g. you feel that the security of your account has been compromised), please contact us immediately. 

 

We retain your Personal Data as long as we are providing the Services to you or our Business Users (as applicable) or for a period during which we reasonably anticipate providing the Services. Even after we stop providing Services directly to you or a Business User with which you are doing business, and even if you close your Intera account or complete a transaction with a Business User, we retain your Personal Data in order to comply with our legal and regulatory obligations. We may also retain it to allow for fraud monitoring, detection and prevention activities. We also keep Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods you used. In cases where we keep Personal Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. 

 

 

 

  1. International data transfers

 

We are a global business. Personal Data may be stored and processed in any country where we do business, where our service providers do business or if you use an international payment method or financial partner service, the countries in which that payment method or financial partner operates. We may transfer your Personal Data to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. In certain situations, we may be required to disclose Personal Data in response to lawful requests from Officials (such as law enforcement or security authorities). Where applicable law requires a data transfer mechanism, we use one or more of the following: EU Standard Contractual Clauses with a data recipient outside the EEA, Switzerland or the UK, verification that the recipient has implemented Binding Corporate Rules, or other legal methods available to us under applicable law. For transfers to third countries we have entered into Standard Contractual Clauses, approved by the European Commission, to ensure an adequate level of protection for the transfer of your Personal Data to those entities outside the EEA. You can obtain a copy of the relevant Standard Contractual Clauses. 

While Intera Inc. remains self-certified under the E.U.-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, it is not currently relying on these frameworks for the transfer of personal data to the U.S. For more information, please see Intera Privacy Center.

 

  1. Updates and notifications

We may change this Policy from time to time to reflect new services, changes in our privacy practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes are effective when we post the revised Policy on the Services.

We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, if you are an End User or Business User, by contacting you through your Intera Dashboard, email address and/or the physical address listed in your Intera account.

If applicable law requires that we provide notice in a specified manner prior to making any changes to this Policy applicable to you, we will provide such required notice.

 

  1. Jurisdiction-specific provisions
  • Australia. If you are an Australian resident, and you are dissatisfied with our handling of any complaint you raise under this Policy, you may wish to contact the Office of the Australian Information Commissioner.
  • EEA and UK. To exercise your rights, you may contact our DPO. If you are a resident of the EEA or we have identified Intera Payments Europe Limited as your data controller, and believe we process your information within the scope of the General Data Protection Regulation (GDPR), you may direct your questions or complaints to the Irish Data Protection Commission. If you are a resident of the UK, you may direct your questions or concerns to the UK Information Commissioner’s Office. Where Personal Data is used for regulated financial activities in Europe, Intera Payments Europe Limited and Intera local regulated entities (defined as those who are licensed, authorized or registered by a Local Regulatory Authority) are considered joint controllers. 
  • Indonesia. As used in this Policy, “applicable law” includes Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions, Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions, and Minister of Communication and Informatics Regulation No. 20 of 2016 on Personal Data Protection in Electronic Systems and “Personal Data” includes “personal data” as defined under such laws.
  • Malaysia. If you have any questions or complaints about this Policy, please contact our DPO.
  • Thailand. Thailand residents may have additional rights under applicable laws. If we process your Personal Data due to a legal obligation or contractual right, and you do not provide us with personal Information, we may not be able to lawfully provide you services.
  • United States – California. If you are a consumer located in California, we process your personal information in accordance with the California Consumer Privacy Act (“CCPA”). You have a right to receive notice of our practices at or before collection of personal information. This section provides additional details about the personal information we collect and use for purposes of CCPA.
    • How We Collect, Use, and Disclose your Personal Information. The Personal Data We Collect section further describes the personal information we may have collected about you, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Personal Data section. We share this information as described in the How We Disclose Personal Data section. Intera uses cookies, including advertising cookies, as described in our Cookie Policy.
    • Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
      • Exercising the right to know: you may request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about categories of their personal information collected, sold, or disclosed; purposes for which this personal information was collected or sold; categories of sources of personal information; and categories of third parties with whom we disclosed this personal information.
      • Exercising the right to delete: you may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
      • Exercising the right to opt-out from a sale: We do not sell Personal Data as defined by the CCPA and have not done so in the past 12 months.
      • Non-discrimination: The CCPA provides that you may not be discriminated against for exercising these rights.
    • To submit a request to exercise any of the rights described above, please contact us using the methods described in the Contact Us section below. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
    • Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
    • An authorized agent may submit a request on your behalf by contacting us using the methods described in the Contact Us section below. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.
  1. Contact us

If you have any questions or complaints about this Policy, please contact us. If you are an End Customer (i.e. an individual doing business or transacting with a Business User), please refer to the privacy policy or notice of the Business User for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly.

 

Cookie Policy

Last updated: June 12, 2022

This cookie policy describes how Intera (“Intera”) uses “cookies” and other similar technologies, in connection with our Site and Services. To learn more about Intera-affiliated websites, please see section 4 below. Any capitalized term used and not otherwise defined below has the meaning assigned to it in the Privacy Policy.

  1. What is a Cookie?

Cookies are small text files that are stored in a computer’s browser directory. They help site providers with things like understanding how people use a site, remembering a User’s login details, and storing site preferences.

  1. Does Intera use Cookies?

Yes. We use cookies in accordance with our Privacy Policy to:

  • ensure that our Services function properly,
  • detect and prevent fraud,
  • understand how visitors use and engage with our Site, and
  • analyze and improve Services.
  1. Who sets cookies when I use Intera’s Site?

There are two main types of cookies that can be set:

  • First party cookies: these cookies are placed and read by Intera directly when you use our Services,
  • Third party cookies: these cookies are not set by Intera, but by other companies, like Google or Facebook, for site analytics purposes. See further details below on how to manage these cookies.
  1. How Intera Uses Cookies

Cookies play an important role in helping us provide effective and safe Services. Below is a description of the commonly used cookie types and the purposes that apply to them. Each section references Intera’s Cookie Settings Dashboard, where you can find more information about each cookie, and exercise your choices.

For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly.

Necessary Cookies

Some cookies are essential to the operation of our Site and Services and make it usable and secure by enabling basic functions like page navigation and access to secure areas of the Site. We use those cookies in a number of different ways, including:

  • Authentication. To remember your login state so you don’t have to log in as you navigate through our Site and dashboard.
  • Fraud Prevention and Detection. Cookies and similar technologies that we deploy through our Site help us learn things about computers and web browsers used to access the Services. This information helps us monitor for and detect potentially harmful or illegal use of our Services. For example, in order to process payments transactions for our Users, it is necessary for Intera to collect information about the transaction and the Customer. To help secure these transactions and minimize fraud, we collect additional information through the use of cookies and other technologies in helping to identify bad actors and prevent them from making fraudulent transactions. Customers should check our Users’ sites for more information about the use of Intera cookies for fraud detection.
  • Security. To protect user data from unauthorized access.
  • Functionality. To keep our Site and Services working correctly, like showing you the right information for your selected location.

For more information, please see the Authentication, Fraud Prevention, Security and Functionality sections in the Intera Cookie Settings Dashboard. For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly.

Preference Cookies

Preference cookies are used by Intera to remember your preferences and to recognize you when you return to our Services.

For more information, please see the Preferences section in the Intera Cookie Settings Dashboard. For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly.

Analytics Cookies

Analytics cookies help us understand how visitors interact with our Services. We use those cookies in a number of different ways, including:

  • Site Features and Services. To remember how you prefer to use our Services so that you don’t have to reconfigure your settings each time you log into your account.
  • To Analyze and Improve Our Services. To make our Site and Services work better for You. Cookies help us understand how people reach our Site and our Users’ sites. They give us insights into improvements or enhancements we need to make to our Site and Services.
  • Pixel tags (also known as web beacons and clear GIFs). May be used in connection with some Services to, among other things, track the actions of Users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
  • Third Party Analytics. Through Google Analytics in order to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information regarding the use of other sites, apps and online resources. You can learn about Google’s practices on the Google website. See further details below on how to manage these cookies.

For more information, please see the Analytics section in the Intera Cookie Settings Dashboard. For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly.

Advertising Cookies

We and our service providers will use cookies and similar technologies on Intera.com to direct Intera ads to you through targeted advertisements for Intera Services on other sites you visit and to measure your engagement with those ads.

For more information, please see the Advertising section in the Intera Cookie Settings Dashboard. For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly.

  1. Can I opt-out?

Yes. You can opt out of cookies through our Cookie Settings Dashboard, with the exception of those cookies that are necessary to provide you with our Services. For Intera-affiliated websites, you can learn more about cookies by visiting those sites directly. Your web browser may allow you to manage your cookie preferences, including to delete and disable Intera cookies. You can take a look at the help section of your web browser or follow the links below to understand your options. If you choose to disable cookies, some features of our Site or Services may not operate as intended.

 

Intera Services Agreement

Last updated: JUNE 12, 2022.

Welcome to Intera.

This Intera Services Agreement (“Agreement”) is a legal agreement between Intera, Inc. (“Intera”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the Intera Account page to receive certain payment processing, data, technology and analytics services, and other business services that may be offered by Intera and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services.

If you do not understand any of the terms of this Agreement, please contact us before using the Services.

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

Section A: General Terms

 

  1. Overview of this Agreement

This Agreement provides a general description of the Services that Intera may provide to you, including those that allow you to accept payments from purchasers of your goods or services or donors to your organization (your “Customers”). We provide you with a more detailed description of the Services through published software libraries and application programming interfaces that may be used to access the Services (the “API”) and additional resources we make available to you on our website.

Before using the Services, you must register with Intera and create an account (a “Intera Account”).

Section A describes the process of registering for and using your Intera Account.

Section B describes your use of the API and the Services.

Section C describes proper handling, management, and use of data generated during your use of the Services, including your Customers’ data.

 

  1. 2. Fees and Fines

Intera will provide the Services to you at the rates and for the fees (“Fees”) described on the Pricing page, linked here and incorporated into this Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your Intera Account (such as handling a disputed charge). We may revise the Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).

In addition to the Fees, you are also responsible for any penalties or fines imposed in relation to your Intera Account on you or Intera by Intera or any Payment Method Provider or Payment Method Acquirer (each as defined in Section C) resulting from your use of Payment Processing Services in a manner not permitted by this Agreement or a Payment Method Provider’s rules and regulations.

You are also obligated to pay all taxes, customs, duties, fees and other charges imposed by any governmental authority (“Taxes”), including any value added tax, goods and services tax, provincial sales tax and/or, harmonized sales tax, and/or withholding tax on the Services provided under this Agreement. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us. In the event you use the Services to make payments or payouts to any third party (including any other Intera user or any third party who is not a Intera user), you agree that you are responsible for determining what Taxes, if any, apply to those payments or payouts, and for assessing, collecting, reporting, and remitting applicable Taxes as required by Laws in all relevant jurisdictions. You agree Intera is not responsible for assessing, collecting, reporting, or remitting any Taxes on Services provided under this Agreement and/or on any payments or payouts you make to any third party through the Services.

 

  1. 3. Services and Intera Account Support

We will provide you with support to resolve general issues relating to your Intera Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of Intera’s support pages, API documentation, and other pages on our website (collectively, “Documentation”). The most efficient way to get answers to your questions is to review our Documentation. If you still have questions after reviewing the Documentation, please contact us.

You are solely responsible for providing support to Customers regarding Transaction receipts, product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your Customers.

 

  1. 4. Taxes and Other Expenses

Our fees are exclusive of any applicable Taxes, except as expressly stated to the contrary. You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities. If we are required to withhold any Taxes, or we are unable to validate any tax-related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon our reasonable request, you must provide us with information regarding your tax affairs.

We may send documents to you and tax authorities for Transactions processed using the Services. Specifically, pursuant to applicable Law (including the Internal Revenue Code), we may be required to file periodic informational return with taxing authorities in relation to your use of the Services. If you use Payment Processing Services, you acknowledge that we will report the total amount of payments you receive each calendar year as required by the Internal Revenue Service. We also may, but are not obliged to, electronically send you tax-related information (including, when you provide us your tax identification number, a Form 1099-K).

 

  1. 5. Service Requirements, Limitations and Restrictions
  2. Compliance with Applicable Laws:You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
  3. Restricted Businesses and Activities:You may not use the Services to enable any person (including you) to benefit from any activities Intera has identified as a restricted business or activity(collectively, “Restricted Businesses”). Restricted Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

Please review the list of Restricted Businesses thoroughly before registering for and opening a Intera Account. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact us. We may add to or update the Restricted Business List at any time.

  1. Other Restricted Activities:You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Intera systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.
  2. 6. Suspicion of Unauthorized or Illegal Use

We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with Intera; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Intera, or others to risks unacceptable to Intera. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Intera Account, your Customers, and Transactions made through your use of the Services.

 

  1. 7. Disclosures and Notices; Electronic Signature Consent
  2. Consent to Electronic Disclosures and Notices:By registering for a Intera Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Intera (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
  3. Methods of Delivery:You agree that Intera can provide Notices regarding the Services to you through our website or through the Dashboard (as defined below), or by mailing Notices to the email or physical addresses identified in your Intera Account. Notices may include notifications about your Intera Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
  4. SMS and Text Messages:You authorize us to provide Notices to you via text message to allow us to verify your or your Representative’s control over your Intera Account (such as through two-step verification), and to provide you with other critical information about your Intera Account. Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications in the Dashboard by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important Security Controls (as defined below) on your Intera Account and may increase the risk of loss to your business.
  5. Requirements for Delivery:It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to access your Dashboard and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact usand we can find another means of delivery.
  6. Withdrawing Consent:Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Intera Account.

 

  1. 8. Termination
  2. Term and Termination:This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Intera. You may terminate this Agreement by closing your Intera Account at any time by opening the account information tab in your account settings, selecting “close my account” and ceasing to use the Service. If you use the Services again or register for another Intera Account, you are consenting to this Agreement. We may terminate this Agreement or close your Intera Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you Notice. We may suspend your Intera Account and your ability to access funds in your Intera Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Intera Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. A Payment Method Provider or Payment Method Acquirer may terminate your ability to accept its Payment Method, at any time and for any reason, in which case you will no longer be able to accept the Payment Method under this Agreement.
  3. Effects of Termination:Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all Intera and payment network logos from your website (unless permitted under a separate license with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you in accordance with Section C.

In addition, upon termination you understand and agree that (i) all licenses granted to you by Intera under this Agreement will end; (ii) subject to Section D.5, we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

 

Section B: Intera Technology

 

  1. 1. Ownership of Intera IP

As between you and Intera, Intera and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the API, Services, Dashboard, and Documentation (collectively, “Intera IP”) or any copies thereof. Intera IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Intera IP not expressly granted to you in this Agreement are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Service, our API, our platform, or any other component of our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Intera has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

  1. License

You are granted a nonexclusive and nontransferable license to electronically access and use the Intera IP only in the manner described in this Agreement. Intera does not sell to you, and you do not have the right to sublicense the Intera IP. We may make updates to the Intera IP or new Services available to you automatically as electronically published by Intera, but we may require action on your part before you may use the Intera IP or new Services (including activation through the Dashboard, or acceptance of new or additional terms). Intera may revoke or terminate this licence at any time if you use Intera IP in a manner prohibited by this Agreement.

You may not: (i) claim or register ownership of Intera IP on your behalf or on behalf of others; (ii) sublicense any rights in Intera IP granted by us; (iii) import or export any Intera IP to a person or country in violation of any country’s export control Laws; (iv) use Intera IP in a manner that violates this Agreement or Laws; or (v) attempt to do any of the foregoing.

 

  1. 4. Content

You may use the Services to upload or publish text, images, and other content (collectively, “Content”) to your Intera Account and to third-party sites or applications but only if you agree to obtain the appropriate permissions and, if required, licenses to upload or publish any such Content using the Services. You agree to fully reimburse Intera for all fees, fines, losses, claims, and any other costs we may incur that arise from publishing illegal Content through the Services, or claims that Content you published infringes the intellectual property, privacy, or other proprietary rights of others.

 

Section C: Data Usage, Privacy, and Security

 

  1. Data Usage Overview

Protecting, securing, and maintaining the information processed and handled through the Services is one of our top priorities, and it should be yours too. This section describes our respective obligations when handling and storing information connected with the Services. The following terms used in this section relate to data provided to Intera by you or your Customers, or received or accessed by you through your use of the Services:

“Payment Account Details” means the Payment Method account details for a Customer, and includes, with respect to credit and debit cards, the cardholder’s account number, card expiration date, and CVV2.

“Payment Data” means Payment Account Details, information communicated to or by Payment Method Provider or Payment Method Acquirer, financial information specifically regulated by Laws and Payment Method Rules, and any other information used with the Payment Processing Services to complete a Transaction.

“Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.

“Intera Data” means details of the API transactions over Intera infrastructure, information used in fraud detection and analysis, aggregated or anonymized information generated from Data, and any other information created by or originating from Intera or the Services.

“User Data” means information that describes your business and its operations, your products or services, and orders placed by Customers.

The term “Data” used without a modifier means all Personal Data, User Data, Payment Data, and Intera Data.

Intera processes, analyzes, and manages Data to: (a) provide Services to you, other Intera users, and Customers; (b) mitigate fraud, financial loss, or other harm to users, Customers and Intera; and (c) analyze, develop and improve our products, systems, and tools. Intera provides Data to third-party service providers, including Payment Method Providers, Payment Method Acquirers, and their respective affiliates, as well as to Intera’s affiliates, to allow us to provide Services to you and other users. We do not provide Personal Data to unaffiliated parties for marketing their products to you.

 

  1. Data Protection and Privacy
  2. Confidentiality:Intera will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us. Neither party may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so. You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Payment Method Rules.
  3. Privacy:Protection of Personal Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we may update from time to time.

You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection, and your use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to Intera – or allow Intera to collect, use, retain, and disclose – any Personal Data that you provide to us or authorize us to collect, including Data that we may collect directly from Customers using cookies or other similar means. As may be required by Law and in connection with this Agreement, you are solely responsible for disclosing to Customers that Intera processes Transactions (including payment Transactions) for you and may receive Personal Data from you. Additionally, where required by Law or Payment Method Rules, we may delete or disconnect a Customer’s Personal Data from your Intera Account when requested to do so by the Customer.

If we become aware of an unauthorized acquisition, disclosure or loss of Customer Personal Data on our systems, we will notify you consistent with our obligations under applicable Law. We will also notify you and provide you sufficient information regarding the unauthorized acquisition, disclosure or loss to help you mitigate any negative impact on the Customer.

  1. PCI Compliance:If you use Payment Processing Services to accept payment card Transactions, you must comply with the Payment Card Industry Data Security Standards (“PCI-DSS”) and, if applicable to your business, the Payment Application Data Security Standards (PA-DSS) (collectively, the “PCI Standards”). The PCI Standards include requirements to maintain materials or records that contains payment card or Transaction data in a safe and secure manner with access limited to authorized personnel. Intera provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant. The specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Payment Processing Services. You can find more information about implementing Intera in a manner compliant with the PCI Standards in our Documentation. You will promptly provide us, or any applicable Payment Method Provider or Payment Method Acquirer, with documentation demonstrating your compliance with the PCI Standards upon our request. If you are unable to provide documentation sufficient to satisfy us, the Payment Method Providers, or their Payment Method Acquirers, that you are compliant with the PCI Standards, then Intera, and any applicable Payment Method Provider or Payment Method Acquirers, may access your business premises on reasonable notice to verify your compliance with the PCI Standards.

If you elect to store or hold “Account Data”, as defined by the PCI Standards (including Customer card account number or expiration date), you must maintain a system that is compliant with the PCI Standards. If you do not comply with the PCI Standards, or if we or any Payment Method Provider or Payment Method Acquirer are unable to verify your compliance with the PCI Standards, we may suspend your Intera Account or terminate this Agreement. If you intend to use a third party service provider to store or transmit Account Data, you must not share any data with the service provider until you verify that the third party holds sufficient certifications under the PCI Standards, and notify us of your intention to share Account Data with the service provider. Further, you agree to never store or hold any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2), at any time. You can find information about the PCI Standards on the PCI Council’s website.

 

  1. Security and Fraud Controls
  2. Intera’s Security:Intera is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable Laws and Payment Method Rules when we handle User and Personal Data. However, no security system is impenetrable and we cannot guarantee that unauthorized parties will never be able to defeat our security measures or misuse any Data in our possession. You provide User Data and Personal Data to Intera with the understanding that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement Security Controls (as defined below) and any additional controls that meet your specific requirements. In our sole discretion, we may take any action, including suspension of your Intera Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, Customers, or others. You waive any right to make a claim against us for losses you incur that may result from such actions.
  3. Your Security:You are solely responsible for the security of any Data on your website, your servers, in your possession, or that you are otherwise authorized to access or handle. You will comply with applicable Laws and Payment Method Rules when handling or maintaining User Data and Personal Data, and will provide evidence of your compliance to us upon our request. If you do not provide evidence of such compliance to our satisfaction, we may suspend your Intera Account or terminate this Agreement.
  4. Security Controls:You are responsible for assessing the security requirements of your business, and selecting and implementing security procedures and controls (“Security Controls”) appropriate to mitigate your exposure to security incidents. We may provide Security Controls as part of the Services, or suggest that you implement specific Security Controls. However, your responsibility for securing your business is not diminished by any Security Controls that we provide or suggest, and if you believe that the Security Controls we provide are insufficient, then you must separately implement additional controls that meet your requirements. You may review some of the details of our Security Controls on our website.
  5. Fraud Risk:While we may provide or suggest Security Controls, we cannot guarantee that you or Customers will never become victims of fraud. Any Security Controls we provide or suggest may include processes or applications developed by Intera, its affiliates, or other companies. You agree to review all the Security Controls we suggest and choose those that are appropriate for your business to protect against unauthorized Transactions and, if appropriate for your business, independently implement other security procedures and controls not provided by us. If you disable or fail to properly use Security Controls, you will increase the likelihood of unauthorized Transactions, Disputes, fraud, losses, and other similar occurrences. Keep in mind that you are solely responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you, and your failure to implement Security Controls will only increase the risk of fraud. We may assist you with recovering lost funds, but you are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your username or password, changes to your Payout Account, and any other unauthorized use or modification of your Intera Account. Intera is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your Intera Account, unless such losses result from Intera’s willful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.

We may also provide you with Data regarding the possibility or likelihood that a Transaction may be fraudulent. We may incorporate any subsequent action or inaction by you into our fraud model, for the purpose of identifying future potential fraud. You understand that we provide this Data to you for your consideration, but that you are ultimately responsible for any actions you choose to take or not take in relation to such Data. Please see the Privacy Center for more information on Intera’s collection of end-customer data for this purpose and for guidance on how to notify your end customers.

 

  1. Your Use of Data with Intera Connect and Intera Relay

When using Intera Connect or Intera Relay, you will have the ability to connect your Intera Account with a Platform or App. Connected Platforms and Apps may take certain actions on your behalf and access Data available through your Intera Account, including some User Data. By using Intera Connect or Intera Relay, you authorize Intera to share Data with any Platform or App that you connect with your Intera Account through the Dashboard or the API. You also understand that at any point you may disallow any such sharing by removing the Platform or App from your Intera Account. You waive your right to bring any claims against Intera for losses you incur that arise from any actions or use of Data by any Platform or App connected to your Intera Account, and you will fully reimburse us for any losses we incur that result from your actions or use of such Data by any Platform or App.

 

  1. Provision of Payment Account Details upon Termination

For 30 days after termination of your Intera Account, you may request in writing that we provide to an alternative payment services provider the Payment Account Details regarding Transactions between you and your Customers that you are entitled to receive. We may require you to provide evidence that the alternative payment services provider has appropriate systems and controls as a precondition to the provision of any Payment Account Details. In addition, for Payment Account Details regarding payment card transactions, the payment services provider must be a PCI-DSS Level 1-certified. Our obligation to comply with a request under this section is limited to the extent commercially reasonable, and we may delay or refuse any request if we believe the payment services provider you have identified does not have systems or controls in place that are sufficient to protect Payment Account Details, that the integrity of Payment Account Details may be compromised, or if Laws or Payment Method Rules prohibit us from providing the Payment Account Details.

 

Section D: Additional Legal Terms

  1. Right to Amend

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, or through other reasonable means. If you are an existing Intera user, the changes will come into effect 10 days after we post the changes to our website, and your use of the Services, API, or Data more than 10 days after we publish any such changes on our website, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the “Last updated” date at the top of the Agreement.

  1. Assignment

You may not assign this Agreement, any rights or licenses granted in this Agreement, or operation of your Intera Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee must agree to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. Intera may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable Notice to you.

  1. Right to Audit

If we believe that a security breach, leak, loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, we may require you to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities, and you must fully cooperate with any requests for information or assistance that the auditor makes to you as part of the security audit. The auditor will issue a report to us which we may share with our Payment Method Providers and Payment Methods Acquirers.

  1. No Agency; Third-Party Services

Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us, or with any Payment Method Provider. Each party to this Agreement, and each Payment Method Provider, is an independent contractor. Unless a Payment Method Provider expressly agrees, neither you nor we have the ability to bind a Payment Method Provider to any contract or obligation, and neither party will represent that you or we have such an ability.

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms of use and privacy policies.

  1. Force Majeure

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.

  1. Your Liability For Third-Party Claims Against Us

Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.

You agree to defend Intera, our affiliates, and their respective employees, agents, and service providers (each a “Intera Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Intera Entity, and you agree to fully reimburse the Intera Entities for any Claims that results from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Services; (iii) your negligent or willful misconduct, or the negligent or willful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and Customers.

Important Note for Sole Proprietors: If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, payment of Fees, Refunds, Reversals, Fines, losses based on Disputes or fraud, or for any other amounts you owe under this Agreement for your failure to use Security Controls, and for all other obligations to us and to your Customers. You risk personal financial loss if you fail to pay any amounts owed. Please take the time to read our Documentation and take any measures appropriate to protect against such losses.

  1. Representations and Warranties

By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d) you will fulfill all of your obligations to Customers and will resolve all Disputes with them; (e) you will comply with all Laws applicable to your business and use of the Services; (f) your employees, contractors and agents will at all times act consistently with the terms of this Agreement; (g) you will not use Payment Processing Services for personal, family or household purposes, for peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and (h) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.

  1. No Warranties

WE PROVIDE THE SERVICES AND INTERA IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY INTERA OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES – WHETHER FROM INTERA OR ANOTHER INTERA ENTITY, AND WHETHER ORAL OR WRITTEN – CREATES OR IMPLIES ANY WARRANTY FROM A INTERA ENTITY TO YOU.

YOU AFFIRM THAT NO INTERA ENTITY CONTROLS THE PRODUCTS OR SERVICES THAT YOU OFFER OR SELL OR THAT YOUR CUSTOMERS PURCHASE USING THE PAYMENT PROCESSING SERVICES. YOU UNDERSTAND THAT WE CANNOT GUARANTEE AND WE DISCLAIM ANY KNOWLEDGE THAT YOUR CUSTOMERS POSSESS THE AUTHORITY TO MAKE, OR WILL COMPLETE, ANY TRANSACTION.

THE INTERA ENTITIES DISCLAIM ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (c) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (d) THAT INTERA WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE, API, DOCUMENTATION, OR DATA; OR (e) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD. YOU UNDERSTAND THAT THE INTERA ENTITIES MAKE NO GUARANTEES TO YOU REGARDING TRANSACTION PROCESSING TIMES OR PAYOUT SCHEDULES.

NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.

  1. Limitation of Liability

Under no circumstances will any Intera Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or the Intera Entities have been advised of the possibility of such damages. The Intera Entities are not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Intera Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. The Intera Entities further deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by the Intera Entities under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Intera during the three-month period immediately preceding the event that gave rise to your claim for damages. The limitation of liability in the preceding sentence will not apply to claims by you against Intera for failure to settle any payment processing proceeds received by Intera or Intera Payments Company and owed to you in connection with the Payment Processing Services; in the case of such a claim, you agree the Intera Entities’ liability is limited to the amount of payment processing proceeds that Intera or Intera Payments Company has received and owes to you, but failed to settle to you, in connection with the Payment Processing Services.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

We provide the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.

  1. Responding to Legal Process

Intera may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. We or any Payment Method Provider (including, where applicable, the Payment Method Acquirer for the Payment Method) may deliver or hold any funds or, subject to the terms of our Privacy Policy, any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties. Where permitted by Law, we will make reasonable efforts to provide you Notice of such Legal Process by sending a copy to the email address we have on file for you. Intera is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.

  1. Dispute Resolution; Agreement to Arbitrate
  2. Binding Arbitration:In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Agreement.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

  1. Service of Process:Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by Law.
  2. Class Waiver:To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
  3. Provision of an Award:Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
  4. Fees:Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to this Agreement, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
  5. Confidentiality:The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
  6. Conflict of Rules:In the case of a conflict between the provisions of this Section E.11.g and the rules governing arbitration identified in Section E.11.a, the provisions of this Section E.11.g will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by Law and all the other provisions will remain valid and enforceable.
  7. Entire Agreement

This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Intera for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and Intera, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.

  1. Cumulative Rights, Construction, Waiver

The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement, along with all other rights and remedies available to it at Law, in equity or under the Payment Method Rules. No provision of this Agreement will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that party’s rights to subsequently enforce the provision.