SECTION 3.1.1: SCOPE, CONTROLLER IDENTITY & LAWFUL BASIS

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Section 3.1.1: Scope, Controller Identity & Lawful Basis
Defines the legal controller framework, statutory bases, and jurisdictional privacy scope.
Category: Privacy Policy Clause: CLAUSE-3.1.1 Ref Code: PRIV-311-DATA-SCOPE Tier 2 (Moderate Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

This Section defines the legal status of ePaisay as Data Controller and Data Processor under global privacy regimes (GDPR, CCPA/CPRA, and local data protection statutes). It details the lawful bases relied upon to process personal and business data for marketplace operations.

2. Mandatory Standards & Operating Requirements

All participants subject to this policy must strictly adhere to the following mandatory standards:

  • Processing must have a recognized lawful basis: performance of a contract (Article 6(1)(b) GDPR), compliance with legal/AML obligations (Article 6(1)(c)), legitimate interests in fraud detection (Article 6(1)(f)), or explicit user consent.
  • All registered entities must disclose accurate legal contact information for corporate privacy officers or representative agents.
  • Users must be transparently informed of data collection points at registration, checkout, and storefront creation.

3. Explicit Prohibitions & Violation Triggers

The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:

  1. Collecting, harvesting, or scraping customer personal data from marketplace listings or order communications without express authorization.
  2. Using customer order data (names, physical addresses, phone numbers) for off-platform direct marketing or third-party resale.
  3. Circumventing platform communication channels to gather unencrypted buyer contact credentials.

4. Warning & Violation System Enforcement Matrix

Each violation under this section is mapped directly to the automated warning and sanction ladder:

Violation Code Offense Description Detection Method Severity Tier Cure Window Mandatory Sanction
VIOL-311-01 Unauthorized harvesting or scraping of user personal directories. Automated WAF & Rate Limiting Telemetry Tier 3 (High) Immediate IP address blacklisting, API key revocation, account freeze.
VIOL-311-02 Misuse of buyer dispatch address for unsolicited direct marketing. Buyer Privacy Report & Ticket Log Tier 2 (Moderate) 24 Hours 1 Strike Point, formal compliance warning, seller outreach audit.
VIOL-311-03 Failure to appoint or verify Data Protection Officer / Representative. Compliance Audit Review Tier 1 (Advisory) 7 Days Temporary onboarding hold until privacy representative confirmed.

5. Platform Safe Harbor & Limitation of Liability

Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.

Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.

Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.

Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.

Last updated: Oct 01, 2025