Provisions index

PayPal discloses Personal Information including inferred preferences, product sizes, and styles to Partners and Merchants for personalized shopping experiences in the United States, on an opt-out basis for data collected after November 27, 2024, without requiring affirmative consent unless law mandates it. Users may opt out via the Data and Privacy setting in their PayPal account....

Why it matters: This provision establishes a default opt-out data sharing framework for US users under which personal and inferred data is disclosed to commercial third parties for personalization purposes without affirmative consent, subject to an account-level opt-out mechanism. The provision's reliance on a non-consent default for data collected after a specific cutoff date may require evaluation under CCPA and comparable state privacy statutes....

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PayPal uses automated systems to assess creditworthiness, fraud risk, and money laundering indicators, and the document states these assessments may result in refusal of new services, termination of existing services, or account limitations. The policy states that US users do not have an opt-out right for these decisions under applicable US privacy laws, while users in other jurisdictions may request review....

Why it matters: This provision establishes that automated systems with limited human involvement may make decisions resulting in account-level consequences including service refusal or restriction. The document states that US users have no opt-out right under applicable US privacy laws for this category of automated decision, while acknowledging review rights exist in other jurisdictions, creating a materially different operational framework by geography....

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The policy discloses that PayPal may collect biometric data including voice identification, photo identification, and face scans for authentication purposes, with collection stated to occur upon consent in the user experience. The policy establishes a 3-year maximum retention period for biometric data after account closure....

Why it matters: This provision discloses collection of biometric data, which is classified as Sensitive Personal Information under the policy and is subject to heightened statutory protections in multiple jurisdictions including Illinois under BIPA and Texas and Washington under their respective biometric privacy statutes. The consent mechanism, retention period, and disclosure practices for biometric data carry distinct compliance obligations that differ from general personal data requirements....

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For EEA users, PayPal maintains a published list of third-party recipients of personal information, updated quarterly. Users who do not object within 30 days of a quarterly update are stated to have accepted the new disclosures, with account closure as the stated alternative to acceptance....

Why it matters: This provision establishes a deemed consent mechanism for third-party data disclosure changes in the EEA, under which silence within a 30-day window following a quarterly list update constitutes acceptance of new data sharing arrangements. The interaction between this deemed consent mechanism and GDPR's requirements for explicit consent for certain processing activities may require evaluation, particularly given that GDPR supervisory authorities have expressed skepticism toward implied consent mechanisms in digital service contexts....

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The agreement requires that virtually all disputes between users and PayPal be resolved through individual binding arbitration administered by the AAA, prohibiting participation in class or representative actions. Users may alternatively bring qualifying claims in small claims court on an individual basis....

Why it matters: This provision requires individual arbitration for all dispute categories including statutory claims, directing disputes away from court litigation and prohibiting consolidated or class proceedings. The opt-out procedure requires a signed written notice postmarked within 30 days of first accepting the agreement....

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Funds held in PayPal accounts are unsecured claims against PayPal rather than FDIC-insured deposits, unless the user has enrolled in Direct Deposit, holds a PayPal Debit Card, or has bought or received cryptocurrency, in which case U.S. dollar balances may be placed at Program Banks eligible for pass-through FDIC coverage subject to applicable conditions....

Why it matters: This provision establishes that standard PayPal balance holders bear counterparty risk to PayPal rather than the protection of FDIC deposit insurance, distinguishing PayPal from traditional bank accounts. Users who do not meet the specified eligibility conditions have no FDIC coverage if PayPal were to become insolvent....

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PayPal may hold account balances for up to 180 days in cases of risk-related concerns or Acceptable Use Policy violations, with the hold potentially extending beyond 180 days if required by legal process. Risk-based payment holds for individual transactions generally last up to 21 days....

Why it matters: This provision authorizes PayPal to restrict access to account funds for up to 180 days based on risk assessments or policy determinations made at PayPal's sole discretion, using proprietary criteria that the agreement states PayPal is not obligated to disclose. For merchants dependent on PayPal for operational cash flow, this hold authority creates material liquidity risk....

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The agreement requires that substantially all disputes between users and Amazon be resolved through binding individual arbitration administered by JAMS rather than in court, and prohibits class or representative proceedings. Limited exceptions exist for small claims court, injunctive relief related to intellectual property, and disputes about compliance with the pre-arbitration procedure....

Why it matters: This clause establishes that users and Amazon each waive the right to a jury trial and class action for substantially all disputes, with arbitration administered by JAMS under a single-arbitrator process that may take place virtually or in the user's county of residence. The clause further delegates to the arbitrator exclusive authority to resolve disputes about the arbitration agreement's validity and scope....

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The guidelines categorically prohibit content that shows, promotes, or facilitates the sexual abuse, exploitation, or physical harm of young people, with no exceptions stated....

Why it matters: This provision establishes an absolute categorical prohibition on content involving sexual or physical abuse or exploitation of minors, which aligns with and interacts with statutory obligations under COPPA and applicable child protection laws in multiple jurisdictions....

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