Privacy Policy

• The Company is committed to safeguarding the privacy of our employees, website visitors, service users, individual customers and customer personnel.
  
  

• This policy applies:

1. For website purposes, where we are acting as a data controller with respect to the personal information of such persons; in other words, where we determine the purposes and means of the processing of that personal information
2. For transaction processing purposes, we are acting as a data processor with respect to the transactional/personal information collected as required for processing the financial transaction initiated by the cardholder.

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

• Website

1. Cookies – We use cookies on our website however we do not capture any personal information. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
2. Data collected – we have set out the general categories of personal information that we process and, in the case of personal information that we did not obtain directly from you, information about the source and specific categories of that data.

1. We may process data enabling us to get in touch with you (“contact data“). The contact data may include your name, email address, telephone number, postal address. The source of the contact data is you and/or your employer.
2. Communication Data – We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
3. Usage data – We may process data about your use of our website and services (“usage data“). The source of the usage data is our analytics tracking system however all data is aggregated and individual user data is not stored by FAC.

• Transaction processing

1. General: FAC is a payment service provider, which provides the technical ability for merchants, wishing to accept credit/debit cards for payment of their goods and services by their customers. Such customers/cardholders can be located in any country around the globe. FAC provides these services via partnerships with bank acquirers which requires various technical configurations between the FAC infrastructure and that of the bank acquirer/processor. The customer data used in the cardholder authentication process (EMV 3DS) and that for transaction processing are requirements mandated by the card associations.  
2. Transaction data: We process information relating to transactions, including purchases of goods and/or services, that an individual has entered into on a website managed by a merchant which has a contract with FAC for transaction processing services  our website (“transaction data“). The transaction data may include a persons  name,  contact details,  payment card details (or other payment details) and the transaction details. The source of the transaction data is the individual purchaser of goods and/or our merchant customer.

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

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

  We may process contact data for the purposes of managing our relationships, communicating with you by email  and/or telephone, providing support services and complaint handling. The legal basis for this processing is performance of a contract, or for the taking of steps at the request of the individual with a view to entering into a contract, inferred consent through your accessing our Website, or that you would not  reasonably request us not to begin or cease using your personal information service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our website, services and business.
  
  
• Direct marketing

  We may process contact data for the purposes of creating, targeting and sending direct marketing communications by email and namely promoting our business and communicating marketing messages and offers to our website visitors and service users. The legal basis for this processing is consent or the performance of a contract or the taking of steps at the request of the individual with a view to entering into a contract.
  
  
• Research and analysis

  We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. We use this data to monitor, support, improve and secure our website, services and business generally. However, this business use will only use data in the aggregate and not individual personal information. The legal basis for this processing is consent.
  
  
• Record keeping

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

  We may process your personal information for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is reasonable to protect or defend the organization, namely the protection of our website, services and business, and the protection of others.
  
  
• Insurance and risk management

  We may process your personal information where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is the use of the personal information is reasonable to protect or defend the organization.
  
  
• Legal claims

  We may process your personal information where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is the use of the personal information is reasonable to protect or defend the organisation in any legal proceeding.
  
  
• Legal compliance

  We may also process your personal information where such processing is necessary for compliance with statutory obligation to which we are subject.

• Your personal information held in our website database will be stored on the servers of our hosting services providers identified at https://digitalchaos.ca/hosting/
  
  
• Cross Border transfers

1. Cardholder transaction data will be shared with the merchant’s acquiring bank/processor and the cardholder’s issuing bank as part of the transaction processing. This process and technical data requirements are mandated by the card associations. Further cardholder authentication data is sent to the cardholder’s issuing bank as part of the cardholder authentication process, using process flows mandated by the card associations. All parties within the card processing system have the appropriate security controls in place to protect cardholder and personal data.
2. Fraud Management – Where we have been contracted to do so by the merchant or acquiring bank, we will send the required cardholder and transaction data to our Fraud Management partner (Kount Inc) based in the United States. You can find information about Kount Inc’s privacy policies and practices at https://kount.com/legal/privacy-policy/

• In addition to the specific disclosures of personal information set out in this Section 4, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to respond to an emergency that threatens the life or security of an individual or the public

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

• All sensitive personal information collected as part of the transaction process is stored securely within the Company technical infrastructure. It is secured through restricted access controls and is encrypted with the encryption keys securely managed.
  
  
• Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary.
• We will retain your personal information as follows:

1. Card/transaction data will be retained for a minimum period of 2 years following the date of the transaction, and for a maximum period of 5 years following that date;
2. Communication data will be retained for a minimum period of 2 years following the date of the communication in question, and for a maximum period of 5 years following that date;

• Notwithstanding the other provisions of Section 5, we may retain your personal information where such retention is necessary for, statutory obligations, the service required, Internal audit and quality control or compliance with a legal obligation to which we are subject.

Below, we have listed the rights that you have under the Personal Information Protection Act, 2016, (PIPA) coming into force January 1, 2025. For transaction processing, restrictions apply as noted below.   

• Your principal rights under data protection law are:

1. the right to access – you can ask for copies of your personal information that we hold.
2. the right to rectification of personal information– you can ask us to rectify inaccurate personal information and to complete incomplete personal information; for transaction processing, the cardholder provides the data we use and it is not technically possible to modify this data once it is used for processing.
3. the right to erasure – you can ask us to erase your personal information; for transaction processing, we are required to retain the data for a period of time for audit and compliance purposes. Additionally transactional data is retained in our data backup environment for a period up to 5 years.
4. the right to restrict processing for advertising, marketing and public relations – you can ask us to prevent or stop the processing of your personal information for these purposes.
5. the right to object to processing – you can object to the processing to prevent or stop the use of personal information that is causing or likely to cause substantial damage or distress.
6. the right to data portability – you can ask that we transfer your personal information to another organisation or to you . The exception to this is any transaction data which is not transferable.
7. the right to complain  – you can complain about our processing of your personal to the Privacy Commissioner for Bermuda.
8. the right to withdraw consent – to the extent that the legal basis of our processing of your personal information is consent, you can withdraw that consent.

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

• A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
  
  
• Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
  
  
• Cookies may not contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

• We use cookies for the following purposes:

1. Website – we use cookies for analytics purposes only where data is aggregated by our Data Analytics provider i.e. we do not use individual personal data for any purpose other than it being included in aggregated data for analytics purposes.
2. Merchant Portal – cookies are used only ASP.NET Core authentication, anti-forgery cookies and for storing Dashboard settings. No personal information is used;
3. Hosted Payment Pages – does not use cookies;

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

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

1. https://support.google.com/chrome/answer/95647 (Chrome);
2. https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);
3. https://help.opera.com/en/latest/security-and-privacy/ (Opera);
4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
5. https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
6. https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).

• Blocking all cookies will have a negative impact upon the usability of many websites.
• If you block cookies, you will not be able to use all the features on our website.

• Types of Security Measures
  

1. Technical Measures: A layered defense approach is employed:
   Intrusion detection and protection technology is deployed
   Firewalls are deployed to control access to the network infrastructure
   Servers are sufficiently hardened and protected
   Ant-Malware software is deployed across all devices in the network
   Access controls which determine who can access data within the infrastructure use role-based access with access to sensitive card data being highly restricted.
   Multi-factor user authentication is fully deployed for all network access for all users
   Encryption technology is used within the infrastructure to secure all transaction data in transit and at rest
   Security monitoring & logging – the infrastructure is monitored for any security events 24x7x365. Additionally, robust logging is deployed such that all access and many other system events are logged and audited for suspicious activity.
   System updates – all systems are updated on a regular basis to include any patches required for security purposes
   Pentesting and Vulnerability testing – all systems are tested for external and internal security vulnerabilities on a regular basis. Any issues that arise are rectified in a timely manner.
   Security awareness training – all individuals having system access are required to regularly participate in security training.
   Physical Security – Restrictive access to offices, data centers, or servers where personal information is stored is in place.
   
2. Third-Party Security
   Contractors – individual contractors are subject to the training and access control requirements as described above. Each sign a contract which includes security and confidentiality clauses requiring that the abide by strict security standards.
   Banks, card processors etc – all such parties are subject to the same strict security protocols and requirements to protect sensitive card data throughout the full transaction process

• Security Breach Protocols

1. Incident response policies and detailed procedures are in place for any security event including an event which has resulted in data loss. The policy outlines the communication process and notification procedures and timelines. In general, the objective is to notify any affected party within the required timeframe after event detection.

• We may update this notice from time to time by publishing a new version on our website.
• You should check this page occasionally to ensure you are aware of any changes to this notice.

• This website is owned and operated by First Atlantic Commerce Ltd.
• We are registered in Bermuda and our registered office is at 4 Burnaby Street, Hamilton Bermuda HM11
• Our principal place of business is at 4 Burnaby Street, Hamilton, Bermuda HM11
• You can contact us:

1. by post at Suite 498, Rosebank Centre, 11 Bermudiana Road, Pembroke, Bermuda, HM08
2. using our website contact form (https://firstatlanticcommerce.com/contact-us/);
3. by telephone, on the contact number published on our website; or
4. by email, using dpo@fac.bm.

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

Office of the Privacy Commissioner of Bermuda

Maxwell Roberts Building,
4th Floor 1 Church Street
Hamilton, HM11
Bermuda

Website:  https://www.privacy.bm/