Fastlane by PayPal Terms

These Fastlane by PayPal Terms (“Fastlane Terms”) govern your use of our Fastlane (“Fastlane”) service, which allows pre-population of payment card and shipping data of Fastlane consumer participants. The Fastlane services are made available to you by PayPal through the Braintree Payment Services, and Fastlane shall be deemed part of (and included in the definition of) the Gateway Services pursuant to the Payment Services Agreement (“Agreement”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Agreement.

To use Fastlane, you must integrate Fastlane functionality into your online checkout or sales platform. Your integration must comply with all integration requirements provided by PayPal, including integrating both the profile creation and guest checkout acceleration components of the Fastlane service.

The Fastlane service is solely a credential management service allowing pre-population of payment card and shipping information for transactions that you represent have been specifically authorized by Fastlane consumer participants. Fastlane is not a payment processing service. PayPal is not providing any form of payment processing services pursuant to these Fastlane Terms.

Additional charges for Fastlane may apply for Merchants on custom flat rate or interchange plus pricing beginning January 1, 2025. In addition to any other amounts for which Merchant is responsible pursuant to the Agreement, Merchant will also pay PayPal any applicable fees and charges for the Fastlane service in accordance with the terms of the Agreement.

To the extent that you process any personal data about a Fastlane customer pursuant to this agreement, you and PayPal will each be an independent data controller (and not joint controllers), meaning we will each separately determine the purposes and means of processing such personal data. We each agree to comply with the requirements of any applicable privacy and data protection laws, including any applicable regulations, directives, codes of practice, and regulatory requirements applicable to data controllers in connection with this agreement. We each also have and will follow our own independently determined privacy statements, notices, policies, and procedures for any such personal data that we process in connection with this agreement. In complying with the applicable data protection laws, we will each:

• keep such personal data confidential;
• implement and maintain all appropriate security measures in relation to the processing of such personal data;
• maintain a record of all processing activities carried out under this agreement; and
• not knowingly or intentionally do anything, or knowingly or intentionally permit anything to be done, which might lead to a breach by the other party of the applicable data protection laws.

Any personal data provided to you by PayPal in connection with the Fastlane service, excluding personal data collected or obtained by you directly from the customer, will be used by you only to the limited extent that is necessary and relevant to the Fastlane service and no other purpose, including marketing purposes, unless you have obtained the prior express consent of the customer. You represent, covenant, and warrant that you will provide and/or obtain necessary disclosures and consents, as applicable, in connection with any personal data provided by you to PayPal. You agree that you will only submit personal data to PayPal through your Fastlane integration in connection with a bona fide single customer transaction or merchant store account creation and as authorized by the customer.

You may not disclose or distribute any customer personal data provided to you by PayPal to a third party, unless such third party is your service provider (as defined by applicable law). You may not combine personal data provided to you by PayPal with any other data. You may not use any personal data provided to you by PayPal to send, or assist in sending, unsolicited emails to third parties.

For purposes of clarification, the Data Portability provision of the Agreement, in its entirety, does not apply to the Fastlane services. Fastlane Card Information is not portable, including when you have been given consent by your customer to store data collected in connection with the Fastlane service.

In addition to the term and termination rights in the Agreement, PayPal reserves the right, in its sole discretion, to terminate or suspend use of Fastlane at any time upon reasonable notice or immediately (a) for any breach of these Fastlane Terms; (b) for any violation of law, regulation, or PayPal policy; or (c) if PayPal determines that Merchant’s use of Fastlane could expose PayPal to financial loss or legal liability.

You may terminate your use of Fastlane acceleration and profile creation functionality by disabling Fastlane in the Control Panel. If you no longer wish to collect additional Fastlane-required Customer data, you will need to remove your Fastlane integration when you disable Fastlane.

In the event that we terminate or suspend your use of Fastlane services, or you disable Fastlane in the Control Panel, Card Information originating from Fastlane transactions (“Fastlane Card Information”) will remain available for future transactions through the Braintree Payment Services so long as you received the authorization of the customer to save such Card Information. You may elect to disregard Fastlane Card Information, or to delete Fastlane Card Information from your stored Card Information.

Notwithstanding anything to the contrary in these terms or the Agreement, Fastlane Card Information will not be included in the Data Portability services offered under the Agreement.

For the sake of clarity, any termination of these Fastlane Terms or suspension of your use of the Fastlane services will not automatically result in a termination of the Agreement or suspension of the Braintree Payment Services. Notwithstanding any termination or suspension of the Fastlane service, your use of Fastlane Card Information will remain subject to these Fastlane Terms.

These Fastlane Terms are incorporated into and made a part of the Agreement. To the extent that these terms conflict with the terms of the Agreement, these terms shall control with respect to Fastlane and to the extent of such conflict.