Supplementary terms for Kustom Express Checkout

1. Introduction 

Kustom AB (559463-5038) (“Kustom”) offers an express checkout service as a feature to the Checkout Solution that enables Shoppers to initiate Purchases through direct payment buttons (such as Klarna, Apple Pay or PayPal) on a Kustom-rendered surface within the Merchant's Store (the “Express Checkout”), without using the standard Kustom Checkout flow. The Payment Service Provider authorises the Purchase, and the resulting Order Data is transferred from the Payment Service Provider to Kustom and from Kustom to the Merchant for fulfilment.

These Supplementary Express Checkout Terms (the "Express Checkout Terms") apply when the Merchant activates Express Checkout via the Kustom Portal. 

2. Incorporation, effective date, scope and definitions 

2.1 Incorporation.

These Express Checkout Terms form an integral part of the Merchant's agreement with Kustom (comprising the GTCs and, where applicable, any Order Form) (the “Agreement”). 

2.2 Effective date.

The Merchant's activation of Express Checkout via the Kustom Portal constitutes the Merchant's acceptance of, and agreement to be bound by, these Express Checkout Terms, with effect from the date of activation. 

2.2. Scope.

‍These Express Checkout Terms apply exclusively to the Express Checkout service. The service forms part of the Checkout Solutions as defined in the Agreement, and all rights, obligations, and liabilities of the Parties under the Agreement apply equally to the Express Checkout.

2.3 Definitions.

Capitalized terms used but not defined in these Express Checkout Terms have the meanings given to them in the Agreement. 

3. Merchant obligations and data protection 

3.1 Data protection responsibilities.

Except as expressly set out in Section 3.2 below, data protection matters relating to Express Checkout shall be governed by the section on Data Protection and PCI Compliance of the Agreement. For the avoidance of doubt, in connection with Express Checkout, each party acts as an independent data controller in respect of its own processing of Personal Data. Kustom’s processing of Personal Data is described in Kustom’s Privacy Notice, and the applicable Payment Service Provider’s processing is described in that provider’s own privacy notice.

3.2 Privacy disclosures.

‍The Merchant shall ensure that the Merchant's Privacy Policy describes the processing of Personal Data taking place in connection with Express Checkout, including (a) the collection of Personal Data by the applicable Payment Service Provider, (b) the transfer of Personal Data from the Payment Service Provider to Kustom, (c) Kustom's processing of such Personal Data as an independent data controller with a link to Kustom’s Privacy Notice (currently available at Kustom’s website under “Terms”), and (d) the Merchant's own processing of such Personal Data as a separate independent data controller. A model snippet is made available in the Kustom Portal; the Merchant may adapt the wording to fit its own privacy-notice style provided the substance is preserved. 

The following can be used as guidance for the Merchants own privacy notice:

‍

Express Checkout

When you use a Klarna, Apple Pay, PayPal or other Express Checkout button on our Store, the following processing of your personal data takes place:

• The payment service provider you select (e.g., Klarna, Apple Pay, PayPal) collects the personal data necessary to authorise the payment, in accordance with its own privacy notice. The payment service provider is an independent data controller for this processing.
• The payment service provider transfers your order data (such as your name, email address, telephone number, billing and shipping address, and order details) to Kustom AB, our checkout provider.
• Kustom transmits the order data and makes it available to us so we can fulfill your order. Kustom processes your personal data as an independent data controller for these purposes and for the further purposes described in Kustom's Privacy Notice on Kustom’s website.
• We process the order data as an independent data controller in order to fulfil your order, provide customer service, and comply with our legal obligations. Our processing is described elsewhere in this privacy notice.

For more information on Kustom's processing of your personal data, please see Kustom's Privacy Notice available on kustom.co/legal). For information on the payment service provider's processing, please see the provider's own privacy notice.

3.3 Implementation obligations.

Before activating Express Checkout, the Merchant shall ensure that: (a) the Merchant’s customer service, fulfilment, returns and refund processes are capable of handling Purchases initiated through Express Checkout; and (b) the Merchant’s terms of sale and other customer-facing policies, to the extent applicable, appropriately address Purchases made using Express Checkout.

4. Fees

Fees applicable to the Express Checkout service shall be as specified in the Order Form or the applicable price list on Kustom's website. Adjustments to fees and invoicing shall follow the section on Fees of the Agreement.

5. Third-party services 

Express Checkout relies on services and infrastructure provided by third-party Payment Service Providers. Kustom is not responsible for the acts, omissions, decisions, availability, security, performance or terms of service of any such Payment Service Provider. The Merchant acknowledges that the availability and operation of Express Checkout may depend on the relevant Payment Service Provider and that such provider’s own terms and conditions and privacy notice apply to its processing of Personal Data and provisions of payment services.

6. Conflict

In the event of conflict between these Express Checkout Terms and the Agreement, the Agreement shall prevail except in respect of matters specific to Express Checkout, which are governed by these Express Checkout Terms.