[go: up one dir, main page]

Stripe Financial Connections Data Services Terms

Last updated: March 21, 2022

These Stripe Financial Connections Data Services Terms (“Terms”) apply to your use of the Stripe Financial Connections Data Services (defined below) and any data you obtain through the Stripe Financial Connections Data Services. Do not accept these Terms or use the Stripe Financial Connections Data Services if you or your company is prohibited from doing so by applicable Law.

1. Relationship to Stripe Agreements.

1.1 Stripe Agreements. When you use the Stripe Financial Connections Data Services, you expressly agree to these Terms, the Stripe Services Agreement, and all updates and modifications Stripe makes to either from time to time, if any. These Terms supplement the Stripe Services Agreement, which governs your use of Stripe Services and is incorporated into these Terms by reference. To the extent that there is a conflict between the Stripe Services Agreement and these Terms, these Terms will prevail. Capitalized undefined terms used in these Terms have the meanings given them in the Stripe Services Agreement.

1.2 Stripe Services Agreement Version. The version of the Stripe Services Agreement incorporated into these Terms is the version that applies to the jurisdiction in which your Stripe Account is established. If the name of your jurisdiction does not appear in the title of the page accessible via the relevant Stripe Services Agreement link, you may contact Stripe and Stripe will provide the correct link to you.

2. Definitions.

“Account Balance Refresh” means a one-time pull for a balance for a single account.

“Account Verification” means a one-time pull for a tokenized account and routing number for a single account.

“Data Source” means the persons or entities that are providing End User Data to Stripe.

“End User” means a person whose bank account information or other information associated with their bank account that you would like to access, collect, use or otherwise process.

“End User Data” means the information pertaining to End Users collected by Stripe or its Data Sources in connection with the Data Services. End User Data includes Personal Data.

“End User Rights” means the rights afforded to consumers under the California Consumer Privacy Act, data subjects under the General Data Protection Regulation (“GDPR”), or any other data privacy regime that applies to your use of the Data Services.

"Express Consent” means an End User’s express consent to your collection, use, disclosure and other processing of End User Data.

“Ownership Check” means a one-time pull for account owner information for a single account.

“Personal Data” means any data pertaining to a natural person, including the meaning set forth in the California Consumer Privacy Act.

“Stripe Financial Connections Data Services” means the provision of End User Data by Stripe to you under these Terms. The Stripe Financial Connections Data Services are “Services” under the Stripe Services Agreement.

“Stripe Financial Connections Data Services Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email and the Dashboard), relating to the Stripe Financial Connections Data Services.

3. Use of the Stripe Financial Connections Data Services.

3.1 Use of End User Data. If you choose to receive End User Data as part of the the Stripe Financial Connections Data Services, the End User Data is made available to you for the sole purpose of enabling you to access, collect, use, retain and disclose such End User Data for the purpose clearly and conspicuously disclosed to End Users in their Express Consent (“Authorized Purpose”) and subject to your terms and privacy policy applicable to your End Users. You will process any End User Data you receive in compliance with applicable Law and these Terms and to not sell any End User Data or the Data Services. You will give us reasonable advance notice of any material changes to the Express Consent or the user interface relating to the Express Consent or the purposes for which you collect, use, disclose or otherwise process the End User Data. You will maintain Express Consent records and have security procedures and practices appropriate to safeguard the End User Data given the nature of the End User Data. Stripe may request information regarding you, the Express Consent and related records, your processing of the End User Data, and your security procedures and practices for the End User Data, and you will respond with accurate and complete information. Stripe may provide your name and each End User’s name together with the Express Consent and other information to Stripe’s Data Source as a condition of receiving End User Data from such Data Source.

3.2 Use of verifications. If you do not choose to receive End User Data as part of the Stripe Financial Connections Data Services, you will provide to End Users any notices, and obtain from End Users any consent, required under applicable Law to verify your End Users’ bank accounts and to maintain records of those notices and consents. You may not use or make public or End-User facing statements concerning End User Data that contradict these Terms, the End User Terms or the Stripe Privacy Policy.

4. User Obligations & Responsibilities.

4.1 Stripe’s End User Terms. Stripe, and any third party engaged by Stripe, will act as your processor (e.g., service provider) for the purposes of facilitating your access to requested End User Data. You agree that Stripe will request consent from End Users to separately collect, use and store End User Data as an independent controller of such data under the terms available at https://stripe.com/legal/end-users, which URL and terms Stripe may change from time to time (“End User Terms”). You will assist Stripe in obtaining agreement by End Users to the End User Terms as contemplated by the Stripe Financial Connections Data Services Documentation. You may not use or make public or End-User facing statements concerning End User Data that contradict these Terms, the End User Terms or the Stripe Privacy Policy.

4.2 Documentation. You will use the Stripe Financial Connections Data Services in accordance with the Stripe Financial Connections Data Services Documentation, which we may update from time to time.

4.3 End User Credentials. You will not request End User login credentials for an End User’s bank account.

4.4 End User Interface. As between you and Stripe, you are responsible for providing the Stripe Financial Connections Data Services interface to End Users and any assistance and support to End Users in connection with the Stripe Financial Connections Data Services.

4.5 End User Notifications. If a data subject notification is required, including a data breach or updates to Stripe's End User Terms or privacy policies, you will reasonably assist Stripe in notifying End Users, including by way of email to those End Users. When requested by Stripe, you will provide Stripe reasonable information pertaining to an End User’s complaint or issue that is raised to Stripe or a Data Source, including any records of notices or consents to verify End User bank accounts.

4.6 End User Data Sharing. Notwithstanding anything to the contrary, you will not share the End User Data with any person or entity other than your employees, or to service providers on terms consistent with these Terms and solely for the purposes of providing services to you for the Authorized Purpose. You remain responsible for your employees’ and service providers’ compliance with the provisions of these Terms. You will not use or transfer the End User Data or Data Services for fraudulent purposes or otherwise in violation of applicable Law. If you become aware of any unauthorized access to or use of the Data Services or End User Data, you will immediately notify Stripe.

4.7 Compliance Attestation. No more than once per year, Stripe may request, and you will provide, an attestation of your compliance with these Terms.

5. Compliance with Laws.

5.1 End User Rights. If any End User seeks to exercise End User Rights related to the Stripe Financial Connections Data Services, including terminating the End User Terms, then you will notify Stripe promptly within no more than five (5) business days, and provide any necessary assistance to address the End User Rights request, including by providing the End User with access to the End User Data relating to the End User in your possession or control, or facilitating lawful requests for data deletion.

5.2 FCRA. Stripe is not a consumer reporting agency, as defined in the Fair Credit Reporting Act (“FCRA”), at 15 U.S.C. §1681. Except as expressly approved by an authorized representative of Stripe in writing, User must not use any End User Data obtained through the Stripe Financial Connections Data Service in any way as a consumer report or to generate a consumer report under FCRA.

5.3 GLBA. For purposes of these Terms, Stripe is not a Financial Institution, as that term is defined in the Gramm-Leach-Bliley Act (“GLBA”). If you are a Financial Institution, as defined in the GLBA, you must disclose this status to Stripe, along with any other information requested by Stripe prior to accessing the Stripe Financial Connections Data Services. Stripe will act as your service provider solely for purposes of accessing and sharing any End User Data subject to the GLBA. You acknowledge that Stripe may independently obtain consent from End Users to access, use and disclose End User Data.

6. License Grant from You.

6.1 You grant to Stripe and Data Sources, a worldwide, non-exclusive non-transferable, limited license, during the term of these Terms, to use your name and trademark in connection with providing the Stripe Financial Connections Data Service, including for Stripe’s marketing purposes. All goodwill generated from the use of your name and trademark will inure to your benefit.

7. Fees.

7.1 Stripe will provide the Stripe Financial Connections Data Service to you for the fees located on the Financial Connections Pricing Page (“Fees”).

8. Termination; Suspension; Survival.

8.1 Termination. These Terms will continue in full force and effect until (i) the Stripe Agreement is terminated; (ii) you breach these Terms or Stripe Financial Connections Data Services Documentation in a manner that cannot be remediated within 30 days; (iii) a Data Source requires Stripe to suspend or terminate your access to the Data Services; or (iv) these Terms are terminated by Stripe by providing 30 days written notice to you.

8.2 Suspension. Stripe reserves the right in its sole discretion, to deny or refuse to provide the Stripe Financial Connections Data Service (either in general or with respect to a particular End User), or to suspend your access to the Stripe Financial Connections Data Service in Stripe’s reasonable discretion, including if you propose a change to the purpose for which you collect, use, disclose or otherwise process End User Data.

8.3 Survival. The following Sections survive any expiration or termination of these Terms: Sections 3, 4, 5, 8.3, 9.

9. Indemnity.

9.1 In addition to your defense and indemnification obligations under the Stripe Services Agreement, you agree to defend the Stripe Entities against any Claim brought by a third party against a Stripe Entity, and you agree to fully reimburse the Stripe Entities for all Claims by a third party that result from your misuse of the Stripe Financial Connections Data Service.