Addendum to the Google Merchant Center Terms of Service for Shopify Merchants
This Addendum ("Addendum") to the Google Merchant Center Terms of Service available at https://support.google.com/merchants/answer/160173?hl=en (as updated from time-to-time) (the "Terms") is between the applicable Google entity referenced in the Terms ("Google") and the entity that accepts this Addendum electronically ("Merchant"). This Addendum governs Merchant's participation in the Program (defined below). The Program is considered a "Service" under the Terms. If there is a conflict between this Addendum and the Terms, this Addendum will govern. Capitalized terms used but not defined in this Addendum have the meanings given in the Terms.
1. Definitions
1.1. "Applicable Data Protection Laws" has the meaning given in the PIPA.
1.2. "Embedded Checkout" means a checkout feature where Merchant's checkout is used as a separate layer within the Program's native checkout experience.
1.3. "Google Channel App" means the Google-developed application, also known as the 'Google & YouTube' application, available via the Shopify App Store, which enables Merchant to conduct sales and/or other related commerce activity in the Service.
1.4. "Google Native Checkout" means the checkout process where Google uses Shopify's API to enable the User to complete checkout directly in the Service without displaying a separate checkout layer.
1.5. "Google Order Information" means information related to a User's order sent by Google to Merchant in order to complete an order.
1.6. "Partner Information Protection Addendum" or "PIPA" means the Partner Information Protection Addendum available at https://business.safety.google/pipa/.
1.7. "Personal Information" has the meaning given in the PIPA.
1.8. "Program" means the service or functionality that allows Users to purchase Merchant's items within a checkout hosted in Google property or service.
1.9. "Purchase Terms" means the terms between Merchant and Users that governs the purchase of Merchant's products, including any applicable privacy policies and return and refund policies.
1.10. "Restricted Data" means User's billing address, card metadata (including loyalty metadata), card image art and card name, card network, and User's credit card number.
1.11. "Shopify" means the applicable Shopify entity that provides services to Merchant as defined here: https://www.shopify.com/legal/terms.
1.12. "User" means the end user of a Google product or service who initiates a purchase of Merchant's items.
2. The Program
2.1. Generally. By participating in the Program, Merchant understands that Google will enable an option for Users to purchase Merchant's items on Google services or properties (e.g., Google "AI Mode" in the Chrome browser). Such items and related item information are considered "Content" under the Terms. Depending on availability, the purchase may use either a Google Native Checkout or an Embedded Checkout. If you accept Google Pay as a payment option, the Google Pay API Terms of Service at: https://payments.developers.google.com/terms/sellertos apply. If there is a conflict between the PIPA and the Google Pay API Terms of Service then the PIPA will govern.
2.2. Data Protection Terms.
(a) To the extent that either party receives, has access to, uses or stores Personal Information in connection with the Program, Google and Merchant agree to the PIPA.
(b) If Merchant has a reason to believe that a security incident (e.g., actual or reasonably likely loss or unauthorized access to Google Order Information) has occurred relating to Personal Information, where required by Applicable Data Protection Laws, Merchant will promptly send an email to external-incidents@google.com and provide a complete description of the details known about the security incident.
2.3. Seller of Record. As between the parties, Merchant is the seller of record for items sold through the Program and Google will have no responsibility for payment processing, customer service, or any issues related to an order. Merchant is responsible for:
(a) providing Google with item information, including price and availability and any legally required notices and disclaimers;
(b) calculating and remitting all applicable taxes related to an order;
(c) fulfilling, shipping, and handling orders; and
(d) handling all customer or product related issues and communications with a User.
2.4. User Facing Terms and Information. Merchant will provide to Google the applicable Purchase Terms and item information through Shopify's technology platform, or through the Google Channel App. Google's display of the applicable Purchase Terms and item information are subject to any form factor or technical restrictions of the Program. The Purchase Terms will apply to the User's purchase of Merchant's items through the Program. The User's use of any Google services, including provision and use of any User information by Google will be governed by the applicable terms between Google and User.
2.5. Order Data.
(a) Restricted Data may only be used for payment processing, customer support and fraud detection and for no other purpose including to personalize or to target ads to Users.
(b) Subject to Section 2.6 (Email Marketing), after a User authorizes a purchase: (i) Merchant may use a User's Personal Information solely as authorized by the applicable User and as permitted under the Purchase Terms; and (ii) Merchant will provide to Google (using Shopify's technology platform) order information including the following: delivery status ("ordered", "shipped", "delivered") and order tracking number.
2.6 Email Marketing. Only when a User expressly consents to receiving email marketing from Merchant (e.g., checks a box), Merchant may then use the applicable email address for the purpose of conducting email marketing to such User. Merchant will provide any such User with the opportunity to opt out of receiving such emails as required by applicable law.