FOREGENIX MERCHANT BREACH PROTECTION PROGRAM - SUMMARY
The following information applies to Customers who have purchased service packages or services that also contain “Breach Protection" and are participating in the Foregenix Merchant Breach Protection Program ("Program") offered by Foregenix.
Description of the Program
The Program is a limited breach protection to Merchants (collectively “Merchants”). Often in the PCI compliance industry, a Merchant’s credit card processor, acquiring bank, independent sales organization, or merchant services provider (collectively “Acquirer”) may contract and/or pay Foregenix for the services, for which Foregenix provides the Merchant Breach Protection Program as a coverage.
A Merchant that is enrolled in Foregenix’ solutions/services, which specify the inclusion of cyber liability protection, for a minimum of 3 months for that specific service/solution tier and suffers a data breach while enrolled will be able to initiate the claims subject to the statement of benefits and policy terms available available here.
Important to know
The Program is not available to level 1 Merchants, as defined by the card brands. The Program is available to Merchants globally that have enrolled in and paid (or whose Acquirer has paid) Foregenix for the Services which explicitly include the limited breach protection from the Foregenix Merchant Breach Protection Program.
Breach Protection is Not Insurance
Details including the Member Statement of Benefits and policy can be found here. In order to access your company's membership statement of benefits and policy, you will require a Merchant ID number. If required, please contact Foregenix Support for your Merchant ID number.
Notification and Claim Process
Please contact Foregenix (Breach_Reporting@Foregenix.com) as soon as you discover an incident (in any event, within 7 days) and before any costs have been incurred or actions have been taken. Foregenix will initiate the process with North American Data Security RPG to obtain clarification on coverage provided, subject to the Member Statement of Benefits and Merchant Data Security Policy available here.
Limitation of Liability for the Program.
Acquirer and Merchants assume sole responsibility and liability for making timely and complete claims under the Program, providing necessary or requested data and information, and otherwise complying with the policy terms and conditions available here. FOREGENIX SHALL HAVE NO LIABILITY TO ANY MERCHANT UNDER THE PROGRAM IN THE EVENT, AND TO THE FULLEST EXTENT, THAT NORTH AMERICAN DATA SECURITY RPG OR THEIR INSURER DENIES COVERAGE UNDER THE POLICY FOR ANY GIVEN DATA SECURITY EVENT OR REGULATORY ACTION.