Card Linking Terms - Mastercard

TRANSACTION NOTIFICATIONS SERVICE

Payhawk uses Mastercard to facilitate the provision of a near-real time notification/feed of Transaction Notifications Data (as defined further below) to you through the Payhawk Platform (the “Transaction Notifications Service”). Your use of Payhawk is governed by the terms and conditions available at payhawk.com/terms (Payhawk Terms & Conditions). How we process your Personal Data is set out in our Privacy Policy, available at https://payhawk.com/privacy.

To the extent that you use the Transaction Notifications Service, the following terms and conditions (End User Terms) shall apply

1. DEFINITIONS

1.1. “Eligible Card” means a Mastercard-branded payment card.
1.2. “Eligible Cardholder” means a cardholder of a Mastercard-branded payment card.
1.3. “Enrolled Card” means an Eligible Card that enrolls in the Transaction Notifications Program.
1.4. “Enrolled Cardholder” means an Eligible Cardholder that enrolls in a Transaction Notifications Program.
1.5. "Mastercard" means Mastercard Europe SA, a Belgium corporation with offices at 198A Chaussée de Tervuren, Waterloo, Belgium, B-1410, Belgium.
1.6. “Mastercard Network” means the network operated by Mastercard for the purpose of processing the authorization and clearing of transactions using Mastercard-branded payment cards.
1.7. "On-Us Transaction" means the transaction where the acquiring bank of the merchant and issuing bank of the Enrolled Card used by the Enrolled Cardholder to make a transaction are the same entity, and the transaction is settled outside of the Mastercard Network.
1.8. “Transaction Notifications Data” means the Mastercard-provisioned data processed by the Mastercard Network through the authorization and clearing process.
1.9. "Transaction Notifications Program" means the program operated by Payhawk for the provision of Transaction Notification Services.

2. In order to use the Transaction Notifications Service you must be an Eligible Cardholder and enroll an Eligible Card in the Transaction Notifications Program. To do so, you agree to provide us, for each Enrolled Card, with your primary account number (PAN), expiration date, CVC, and cardholder name for the purpose of your authentication.
   
   
3. By enrolling your Eligible Card in the Transaction Notifications Program, you authorize Mastercard to access activity on your Enrolled Card(s), and to share such transaction details with Payhawk to facilitate your participation in the Transaction Notification Program, as set forth in these End User Terms.
   
   
4. You acknowledge and agree that Mastercard will be monitoring the Transaction Notifications Data on the Enrolled Cardholder’s Enrolled Card(s) if an Eligible Cardholder elects to enroll their card in connection with the Transaction Notifications Program.
   
   
5. You may opt-out of the Transaction Notifications Program by navigating to your settings menu on the Payhawk Platform to unlink your Enrolled Card(s).
   
   
6. By enrolling Eligible Cards to the Transaction Notifications Program, you acknowledge that your company has obtained from individual cardholders consent as recognized under applicable law authorizing Mastercard to access and share transaction details with Customer and your company to facilitate that individual cardholder’s participation in the Transaction Notifications Program; and that individual cardholders may revoke such consent (i.e., opt out of sharing their payment card transaction details) at any time.
   
   
7. Payhawk will utilize any Transaction Notifications Data that it receives from Mastercard for the sole purposes of supporting and maintaining the Transaction Notifications Program in addition to conducting internal analysis for the improvement and optimization of Transaction Notifications Program and, to the extent applicable, providing customer service (i.e., responding to a request or inquiry from an Enrolled Cardholder).
   
   
8. You acknowledge and agree that Mastercard may not be able to monitor every transaction made using your Enrolled Card, including On-Us Transaction, some PIN-based purchases on debit cards (debit transactions should be authorised via signature and not PIN in order to be monitored), purchases you initiate through identification technology that substitutes for a PIN, payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Mastercard Network, and that these transactions are not eligible (Unsupported Transactions). Such Unsupported Transactions will be determined by Mastercard and may be modified from time to time.
   
   
9. Details of how Mastercard processes your personal data, and about your rights in relation to that data, are set forth in their Privacy Notice, as available at https://www.mastercard.us/en-us/vision/corp-responsibility/commitment-to-privacy/privacy.html.
   
   
10. The Transaction Notifications Service is provided to you on an “AS-IS” and “AS AVAILABLE” basis. Neither Payhawk nor Mastercard makes any warranty that the Transaction Notifications Program or any result obtained from the Transaction Notifications Program will (i) be accurate; (ii) meet your requirements; or (iii) be uninterrupted, secure, timely or error free.
    
    
11. Payhawk shall not be liable for any damages (direct or indirect) that you may suffer in connection with (i) Mastercard's use of Transaction Notifications Data; or (ii) your use or inability to use the Transaction Notifications Program.
    
    
12. You shall defend, indemnify and hold harmless Payhawk, its officers, directors, shareholders, employees from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate to, including but not limited to attorney’s fees, in whole or in part, arising out of or attributable to your breach of the End User Terms or any activity by you in relation to the Transaction Notifications Program.
    
    
13. Unless otherwise defined in these End User Terms, all capitalized terms used herein shall have the meanings ascribed to them in the Payhawk Terms & Conditions. In the event of any inconsistency between the definitions in these End User Terms and the Payhawk Terms & Conditions, the definitions in these End User Terms shall prevail.
    
    
14. Payhawk reserves the right to temporarily or permanently disable the Transaction Notifications Service without any prior notice.
    
    
15. Payhawk may modify the End User Terms or the Transaction Notifications Program, from time to time, with or without notice.