Terms & Conditions
END-USER LICENSE AGREEMENT (EULA)
PeasyPay – Pay with a smile
Last updated on 19th December, 2019.
Please read the terms and conditions of this End User License Agreement (“Agreement”) carefully before you use our Services (as defined below). This is a legally binding contract. By assenting electronically, or installing or using the Services, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire the Services (collectively “you”). If you do not agree with the terms and conditions of this Agreement, do not continue the installation process, do not use the Service and delete or destroy all copies of the Service, solution in your possession or control.
This Agreement relates to your use of certain software, mobile app – biometric authentication service, hardware and related firmware, including any updates (each a “Service”) in connection with which you are accepting this Agreement, and any related documentation. In this Agreement, PeasyPay means the entity providing the Service to you; “Documentation” means any user manuals and instructions provided with the Service; and “Applicable Conditions” means collectively the terms and conditions and documents you accepted when you acquired the Service including any terms and conditions of sale, and any partner agreement or other agreement between you and PeasyPay.
PeasyPay may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of any affected Service at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement.
PeasyPay may require that you accept the amended Agreement in order to continue using any affected Service. If you decline to accept the amended Agreement, PeasyPay may terminate your use of such affected Service.
In this Agreement, “User” shall refer to you, and “PeasyPay” shall refer to PeasyPay Private Limited Liability Company, with a principal place of business at No 11 Kacsa Street, Budapest, H-1027 Hungary, website: https://www.peasypay.eu; support email: firstname.lastname@example.org.
1. PREAMBLE, DEFINITIONS
This Agreement’s terms and conditions shall be applied if you wish to install and use the Services. In this Agreement’s terms & conditions unless a different intention is expressed, use the following terms (as subsequently modified by amended legislation or regulation), which shall mean:
“User Account” or “Account” means the account created and opened by the User on his/her mobile device in the PeasyPay Mobile App in the name of the User;
“User” means a natural person who is the user of PeasyPay’s Biometric authentication and payment services as payer;
“User’s Bank” means the respective account servicing payment service provider of the User, that the User can use for payment transactions;
“Password” means any code of the User created in PeasyPay’s System (“PeasyPay System”) or a code provided to the User by the PeasyPay System for access to the Account and/or initiation and management of separate services provided by PeasyPay and/or initiation, authorization, implementation, confirmation and reception of Payment transactions;
“Payment order“ means an instruction given by the User to the payment gateway service provider to execute a Payment transaction;
“Payment transaction“ means an act, initiated by the payer or by the payee, of placing, transferring funds, based on the underlying obligations related to the respective transaction between the Payer and the Payee;
“Payment Instrument“ means the device or card, offered or enabled by the PeasyPay System and chosen by the User to complete the Payment transaction;
“Payee” or “Merchant” means a natural or legal person who receives the funds of a Payment transaction;
“Payer” means a natural or legal person who holds a payment account and allows a Payment order from that account;
“PSP” means the payment service provider operating the payment gateway and fulfilling the payment transaction;
“Settlement Date” means the date, on which the funds that are being transferred must be received by Payee;
“Agreement” and “EULA” means these terms & conditions and any other documents annexed or incorporated by reference;
“Unique identifier” means a combination of letters, numbers or symbols specified to the User of the PeasyPay System’s Services and to be provided by the User to identify unambiguously himself/herself as the User of the PeasyPay Services and his/her payment account.
Headings are for convenience only and shall not affect the construction and interpretation of this EULA’s terms & conditions. The singular includes the plural and vice versa. Any reference in this EULA to any law, statute, regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such modification or re-enactment). This EULA is the inseparable part of all other agreements between PeasyPay and the User.
2. SERVICE DESCRIPTION
PeasyPay renders the following Services to the User:
Biometric authentication services for the authentication of the identity of the User by face and palm biometric authentication enabling operations required for operating a payment account by the PSP. The face and palm images are converted into a code by an algorithm used for biometric authentication purposes. Execution of payment transactions, including transfers of funds on the User’s payment account with the payment service provider (PSP) through a payment device after authentication by PeasyPay biometric authentication System.
3. REGISTRATION AND CREATION OF USER ACCOUNT
3.2. Execution of Payment transaction. This Service allows the User to pay in the countries in which PeasyPay
operates, to any person or business in the same or another country. PeasyPay is always expanding the list of countries it serves, therefore for the most up to date list of the supported countries, please visit www.PeasyPay.eu
3.3. When registering in PeasyPay’s System, first of all, an Account for the User is created. The Account is personal, thus each User shall get registered in the System, create his/ her personal Account and perform the User identification procedure required by the System.
3.5. This EULA is valid for unlimited period of time, unless otherwise agreed by the Parties.
3.6. By registering in the System of PeasyPay, the User confirms that he/she agrees with the terms and conditions of this EULA and undertakes to fully comply with them.
3.7. The User confirms that he/she provided correct, up-to-date and valid data and Personal information when registering in the System of PeasyPay and, if there is a need of changing or adding data, the User will submit the correct, up-to-date and valid data and Personal information via the System or request the customer care by email to email@example.com to modify them. The User shall be liable and bear any losses that may occur due to submission of invalid data.
4. IDENTIFICATION OF THE USER
4.1. The User will be required to identify himself/herself to PeasyPay and its biometric authentication System before addressing payment instructions including by its biometric data and information, more particularly e.g. his/her own palm and face images. The User may be required to use an additional code/password to activate his/her payment transaction. These identification obligations are also imposed by the legislation against money laundering and the financing of terrorist activities.
4.2. For the purpose of performing User identification and authentication, PeasyPay has the right to demand the User to perform the following actions:
4.2.1. When performing duties established by the legislation, PeasyPay has the right to demand from the User to perform the User identification and authentication procedure by a specific method indicated by PeasyPay, or requested by the PSP and/or the User’s Bank.
4.2.2. The User agrees that if the User does not fully comply with this request for identification and authentication, PeasyPay reserves the right to suspend his/her User Account as well as access to all other Services until the request has been fully complied with, or to close his/her Account.
4.3. PeasyPay is entitled to request additional identification data at any time from the User to comply with applicable regulations.
5. TERMINAL DEVICE
To submit Payment order after the authentication by PeasyPay’s System, the User will be required to use the terminal device provided by the Merchant, who will handle the terminal device and the PSP will process the payment.
6. THE CONSENT FOR THE BIOMETRIC AUTHENTICATION, IDENTIFICATION, AND THE PAYMENT ORDER
6.1. The consent for biometric authentication, identification and for the placing of a payment order shall be expressed prior to the execution of each Payment transaction. The User’s consent is considered to be given by using the biometric authentication terminal device enabling the biometric authentication and identification service of the PeasyPay System, followed by the placement of his/her Payment order, which will be processed by the PSP executing the Payment transaction.
6.2. The PeasyPay System may require the User to add the login credentials registered by him/her when he/she created his/her User Account.
6.3. The consent may be expressed by other form and manner needed for using PeasyPay’s Services.
7.1. PeasyPay, from time to time during the term of this Agreement and without your separate permission or consent, may deploy an upgrade or update of, or replacement for, any Service (“Update”), and as a result of any such deployment you may not be able to use the applicable Service or Device (or certain functions of the Device) until any such Update is fully installed or activated.
7.2. Each Update will be deemed to form a part of the “Service” for all purposes under this Agreement.
7.3. We cannot guarantee that the minimum requirements applicable to the permitted mobile devices will be the same after each Update.
7.4. Updates may include both additions to, and removal of, any particular features or functionality offered by a Service or may replace it entirely, and PeasyPay will determine the content, features and functionality of the updated Service in its sole discretion.
7.5. PeasyPay is not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Service. PeasyPay may stop providing support for a Service until you have accepted and installed or activated all Updates. PeasyPay in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you.
7.6. PeasyPay in its sole discretion may stop providing Updates for any version of the Service other than the most current version, or Updates supporting use of the Service in connection with any versions of operating systems, email programs, browser programs and other software with which the Service is designed to operate.
8. OWNERSHIP RIGHTS
8.1. The Services are the intellectual property of PeasyPay and are protected by applicable copyright laws, and other applicable laws of the country in which the Service is being used. The structure, organization and computer code of any Software and firmware are valuable trade secrets and confidential information of PeasyPay. To the extent you provide any comments or suggestions about the Service to PeasyPay, you grant PeasyPay the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.
8.2. Except as stated in this Agreement, your possession, use of a Service does not grant you any rights or title to any intellectual property rights in the Service. All rights to the Service, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by PeasyPay.
You may not install and use the Service except as set forth in this Agreement. You may not, and may not permit any third party to:
a) use any authorization code, username/password combination or other activation code or number supplied by PeasyPay in connection with the Service (“Activation Code”);
b) disclose any Activation Code to any party other than PeasyPay or PeasyPay’s designated representatives;
c) except as expressly authorized by law:
(i) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Service or any portion of the Service (including any related Malicious Code (as defined below) signatures and Malicious Code detection routines); or
(ii) change, modify or otherwise alter the Service (including any related Malicious Code signatures and Malicious Code detection routines). “Malicious Code” means any code, feature, routine or device intended, or designed automatically, or on a certain event occurring, or on your taking or failing to take a certain action, or at the direction or control of any person or entity, to:
(a) disrupt the operation of any software, service, device, property, network or data;
(b) cause any software, service, device, property, network or data to be destroyed, altered, erased, damaged, or otherwise cause its operation to be disrupted or degraded; or
(c) permit any person or entity to access, take control of, or destroy, alter, erase, damage, or
otherwise disrupt or degrade the operation of any portion of any software, service, device, property, network or data, and any computer virus, worm, trap door, back door, time bomb, malicious program, or a mechanism such as a software lock or routine for password checking, or any other code intended or designed to enable any matters described in this definition (including applets, scripting languages, browser plug-ins or pushed content);
d) except as authorized by a separate agreement between you and PeasyPay, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense the Service;
e) except as expressly authorized by this Agreement, the applicable conditions or another agreement between you and PeasyPay, use the Service to grant any third party access to or use of any Service;
f) use the Service to provide or build a product or service that competes with the Service;
g) use or attempt to use the Service to:
(i) upload, download, stream, transmit, copy or store any information, data, or materials, or engage or assist in any activity that may:
(a) infringe the intellectual property rights or other rights of any third party;
(b) contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind,
(c) harm or attempt to harm others;
(d) have the potential to incite or produce conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelos, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously or sexually discriminatory or otherwise objectionable; (e) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(g) assist any fraud, deception or theft; or
(h) damage, disable or impair the operation of, or gain or attempt to gain unauthorized access, receipt, use, copying, alteration or destruction of or to, any property, Devices, software, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature;
(ii) in any way violate any applicable local, national or international law or regulation;
(iii) manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Service;
(iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials; or
(v) collect or store personal data without the knowledge and express consent of the data subject;
h) damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Service or to any property, devices, software, services, networks or data connected to, or inter-operating with the Service, or to any content or data stored, accessed or delivered through such Service, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature;
i) test or benchmark, or disclose or publish testing or benchmark results for the Service without PeasyPay’s prior written consent; or
j) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the use of copies of the Service.
10. CANCELLATION OF PAYMENT ORDER, REFUND POLICY
10.1. The User’s payment can be refunded based on the following: The User submits a request for refund by contacting his/her respective account servicing payment service provider (User’s Bank). The User’s Bank will issue refunds in accordance with requirements deriving from the applicable laws and the User’s Bank’s policy. Refund requests are only considered for processing by User’s Bank if PSP and PeasyPay are both able to identify the User by
his personal identifiable information, which is registered with PSP and PeasyPay with regard to the User in accordance with this EULA and the PSP’s Terms and Conditions.
10.2. The Payment Order may be cancelled only in case the User (Payer) and the User’s Bank agree on this, and the consent of the Payee might be necessary.
11. USER REPRESENTATIONS AND WARRANTIES
11.1. The User represents and warrants to PeasyPay the following:
a) This Agreement’s terms & conditions constitutes a legal, valid and binding obligation of the User;
b) the User has the capacity to use the Services, and that it shall indemnify and hold PeasyPay harmless against any liability that could result for PeasyPay from a breach of this representation and warranty;
c) all information supplied to PeasyPay by the User is, or at the time it is supplied will be, accurate in all material respects and the User will not omit or withhold any information, which would make such information inaccurate, or invalid in any material respect;
d) the User and PeasyPay are bound by the applicable financial services laws and regulations (as modified from time to time);
11.2. PeasyPay relies on representations and warranties made by the User.
11.3. These representations and warranties, and those contained elsewhere in this Agreement survive the term of this Agreement.
12. DUTIES AND OBLIGATIONS OF THE USER
12.1. The User entitled to use the Services shall have the following duties:
a) having found out about any loss, theft, illegal acquisition of the User’s Account or about its unauthorized use, also, about facts or suspicions that personalized security features of his Account have become known to or may be available to any third parties, to immediately inform PeasyPay (by e-mail info@PeasyPay.eu or by phone number +36-1-371-2555) of any event that could lead to fraudulent, abusive or unauthorized use of User’s account.
b) having been issued the User’s Account, the User must take actions to protect the personalized security features of the Account;
12.2. The User undertakes to use the Services in good faith, for legal purposes only and in compliance with this Agreement.
12.3. The User shall verify the correct execution of his payment instructions at regular occasions. The information available by the User’s Bank shall constitute valid evidence and shall prevail over any other information regarding such payment instructions and their execution. PeasyPay is especially not responsible for fraudulent messages sent by unauthorized persons or for communication of wrong information. PeasyPay shall not be liable for any consequence resulting from any such wrong information, nor for payment or reimbursement in any case.
12.4. The User is informed of the risk associated with the loss or theft of his identifier, the hacking of his computer, mobile phone or any other device used for the same or similar purposes, e.g. tablet (“device”) or any other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of his account. In addition, technical problems may occur in the use of a computer, or Internet or on the PeasyPay systems or on the network of mobile telephone operators, which can prevent or suspend the use of the Services. The User alone is also responsible for preserving his device.
12.5. The User notably undertakes for such purposes:
a) not to leave his device and/or identifier accessible to third parties;
b) not to let third parties use his/her device;
c) to memorize his/her code identifier (if any) and not to write it down, type it in anywhere and not to communicate it to third parties;
d) to optimally secure his/her device (antivirus software, anti-spyware, firewall, etc.);
e) to immediately inform PeasyPay (by e-mail info@PeasyPay.eu or by phone number +36-1-371-2555) of any event that could lead to fraudulent, abusive or unauthorized use of User’s account.
12.6. PeasyPay also reserves the right (but has no obligation) to suspend the Services for justified reasons such as
security reasons or the presumption of an unauthorized or fraudulent use of any of the identifiers, Service or System components.
12.7. PeasyPay reserves the right, at its sole discretion and without explanation, to refuse to provide the PeasyPay Services or to limit the number of transaction for the User. PeasyPay will inform the User regarding any refusal before or as soon as practicable after such refusal.
13.1. Notifications delivered by the Parties shall be deemed received:
a) if a notification has been delivered verbally (including by phone) – at the time it is being told;
b) if a notification is handed in directly – on the day it is handed in;
c) if a notification is sent by e-mail, and other means of communication – on the nearest business day in the country of the receiver since its dispatch;
d) if a notification is announced via PeasyPay System – on the nearest business day in the User’s country following the day of its announcement;
e) if a notification is announced publicly – on the day of its announcement.
13.2. If the agreement or any other documents (applications, forms, etc.) provided to PeasyPay does not contain the User’s contact information, PeasyPay shall have the right to give the notification according to the latest contact information indicated by the User. If the agreement does not contain PeasyPay contact information, the User shall have the right to give the notification according to the contact information indicated at PeasyPay website: www.PeasyPay.eu
13.3. The Parties must immediately inform each other of any change in their contact information. At PeasyPay’s request the User must provide relevant documents in evidence of a change in the contact information. If case of failure to fulfil such duty, it shall be deemed that any notification sent according to the latest information indicated to the other Party has been duly sent, and any obligation fulfilled based on such information has been duly fulfilled.
13.4. The Parties must immediately provide each other with information of any circumstances that may be important for performing this Agreement.
13.5. This Agreement, all communication shall be announced in the English language. The agreements to be concluded by and between the Parties shall be executed in the English language unless otherwise agreed by the Parties.
13.6. By accepting this Agreement, User agrees that all the communication, including notifications will be in English unless otherwise agreed by the Parties.
13.7. PeasyPay notification publicly announced at PeasyPay’s site or on its Mobile App shall be made in the English language.
13.8. Documents provided to PeasyPay must be made in the English language. If documents provided to PeasyPay are made in any other language, PeasyPay shall be entitled to request their translation into the English language or any other language indicated by PeasyPay by a competent translator, official translation office acceptable to PeasyPay. PeasyPay shall be also entitled to request that authenticity of the translator’s signature is notarized.
13.9. The User shall be entitled to anytime familiarize with the effective version of this Agreement, also, with any version of the Agreement that was effective after the Effective Date. The aforementioned documents and information may be announced at PeasyPay’s Mobile App, and if they are not announced and a separate request of the User has been received, they must be provided to the User in writing or using any other durable medium.
13.10. If the User would like to contact PeasyPay about a concern relating to this Agreement, the User may call on +36-1-371-2555 (note: telephone network charges will apply), or contact PeasyPay through the Account or via email firstname.lastname@example.org PeasyPay will try to resolve any issues the User may have about their Account or the Services of PeasyPay. PeasyPay shall provide the answer within 15 (fifteen) business days of receiving User’s concern unless the concern is of a “simple” nature and can be resolved with 2 (two) business days from the receipt day. PeasyPay shall inform the User if exceptional circumstances arise, in which case it may take up to 30 (thirty) business days to address User’s concern.
14. SECURITY AND RECTIFYING MEASURES
or by visiting www.PeasyPay.com.
14.2. Security threat.
a) In the event of suspect, fraud or any security threats to User’s information and funds PeasyPay will immediately block the User’s Account access aiming to prevent personal data and financial loss as well as will terminate actions of processing User’s submitted Payment transaction order if the Payment transaction hasn’t been processed yet by the PSP.
b) The information of the incident will be shared with the User through applicable means of communication (no other than specified previously) depending on the type of incident and if any of the contact information is compromised.
c) The Account may be renewed only after security of it is restored.
14.3. Complaint. In the event of a dispute the User has the right to raise a complaint by sending us an email describing the problem in details to email@example.com or by contacting our customer service by telephone at +36-1-371-2555.
14.4. Notices provided by the User regarding the unauthorized or improperly executed Payment transactions.
a) The User is obligated to check the information about the executed Payment transactions at least 1 (one) time per month.
b) The User is obligated to inform PeasyPay in writing about the unauthorized or improperly executed Payment transactions, including the noticed mistakes, inaccuracies in the extract within 2 (two) business days from the acknowledge of such circumstances and in any case not later than within 2 (two) months from the date on which (in the opinion of the User) PeasyPay executed unauthorized or improperly executed the Payment transaction.
c) In case if the User does not notify PeasyPay about the circumstances described above within the terms indicated then it shall be considered that the User unconditionally confirmed the Payment transactions executed in the User’s Account.
14.5. The liability of the User for unauthorized Payments transactions and the liability of PeasyPay for the unauthorized Payment transactions
a) In case if the User denies the authorization of the executed Payment transaction or declares that the Payment transaction was executed improperly, PeasyPay is obligated to prove that the Payment transaction was authorized, it has been properly registered, and was not affected by technical disturbances or other deficiencies in the Services provided by PeasyPay.
b) In accordance with the terms indicated in this Agreement or having determined that the Payment transaction was not authorized by the User, PeasyPay without undue delay, but no later than by the end of the next Business day notify the PSP and the User shall also notify its respective account servicing payment service provider (User’s Bank) to return the amount of the unauthorized Payment transaction to the User, unless PeasyPay has reasonable suspicious of the fraud.
c) The User bears all the losses that have arisen due to unauthorized Payment transactions for the amount of up to 50 (fifty) Euros if these loses have been incurred due to the User had not protected personalized security features unless otherwise stipulated by the payment gateway service provider or the account servicing bank of the User.
d) The User is liable for any losses caused by unauthorized Payment transaction if such losses incurred to the User due to that that the User has acted fraudulently or failed with intent or gross negligence to fulfil one or more of the User’s obligations under this Agreement.
e) The Account may be blocked by the User’s initiative if the User submits a respective request to PeasyPay. PeasyPay has the right to demand that the request submitted by the User’s oral request to block the Account be subsequently approved in writing or in another manner acceptable to PeasyPay.
(i) If PeasyPay has the reasonable doubts that the request indicated in the previous point is not submitted by the User, PeasyPay has the right to refuse to block the Account. In such cases, PeasyPay shall not be liable for any losses that may result from the failure to comply with the said request.
f) Other terms of the liability of the Parties for the unauthorized Payment transactions may be indicated in the additional agreements between the Parties.
g) Liability of PeasyPay for proper execution of Payment transaction.
(i) In case of the improper execution of the Payment transaction, PeasyPay is liable only due to the
fault of PeasyPay. PeasyPay is not liable for third parties’ mistakes.
h) PeasyPay is liable for the properly initiated Payment order with the terms set forth by this Agreement and / or additional agreements signed between the Parties.
i) PeasyPay is not liable for the indirect losses incurred by the User and related to the non-executed Payment order or improperly executed Payment order.
j) PeasyPay is not liable for claims raised between the Payee and Payer and such claims are not reviewed by PeasyPay. The User may submit the claim to PeasyPay only regarding the non- performance or improperly performance of the obligations of PeasyPay.
k) Limitations of liability of PeasyPay shall not be applied if such limitations are prohibited by the applicable law.
l) The conditions of the re-payment of the amount of the Payment transactions of the Payee or initiated by the Payee are the same as they are set forth in Law on Payments of Hungary, unless otherwise agreed by the Parties.
14.6 Payment order, unique identifier.
a) If the User initiating the Payment order executes a Payment order by identifying a unique identifier, such Payment order shall be deemed to be executed properly if it was executed according to the specified unique identifier.
b) PeasyPay has the right, but it is not obliged to check whether the unique identifier presented in the Payment order received by PeasyPay corresponds to the Account holder’s name and surname (name), or other identity attributes.
c) If PeasyPay carries out the an inspection (for example, in the prevention of money laundering risk) and find out clear mismatch between the unique identifier submitted to PeasyPay and the Account holder’s identity attributes, biometric authentication results, PeasyPay shall have the right not to execute such a Payment order.
d) If the User (Payer) initiates properly the Payment order and the Payment transaction is not executed, or executed improperly, PeasyPay at the request of such User, shall immediately and without charge take measures to trace the Payment transaction and to inform the User about the results of search.
15. MOBILE PHONE APPLICATION
15.1. The User acknowledges that it has read, understood and agreed to the terms and conditions associated with dealing via our mobile phone application facility as set out in this Agreement.
15.2. The mobile phone application may be a proprietary service offered by PeasyPay or a third-party system. The User agrees to use the online mobile phone application software solely for the purposes set forth herein.
15.3. The mobile phone application are provided on an “as–is” basis and PeasyPay makes no express or implied representations or warranties to the User regarding their operation or usability.
15.4. PeasyPay makes no representations or warranties regarding any services provided by any third party.
15.5. The mobile application may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. PeasyPay shall not be liable to the User for any loss, expense, cost or liability suffered or incurred by the User due to the User using a version different from the standard version with all available updates installed.
15.6. PeasyPay does not warrant that access to or use of the mobile phone application will be uninterrupted or error-free, or that the Service will meet any particular criteria with respect to its performance or quality. PeasyPay expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non- infringement, compatibility, security or accuracy.
15.7. The use and storage of any information provided or made available to the User through the use of the mobile phone application is for the use of the User and is the User’s sole risk and responsibility.
15.8. The User is responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the mobile phone application, and for all communications service fees and charges incurred by the User in accessing the mobile phone application.
15.9. PeasyPay may at any time at its sole discretion terminate or restrict any User’s access to the mobile phone application at any time. Should PeasyPay terminate this Agreement or access to the mobile phone application, the User will be liable for all fees charges and obligations incurred under this Agreement prior to termination.
15.10. The User acknowledges that from time to time, and for any reason, the mobile phone application may not
be operational or otherwise available for the User’s use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause.
15.11. The User’s failure to observe any of the undertakings or representations may result in civil or criminal liability, as well as termination of the use of the mobile phone application.
15.12. The User may not under any circumstance use the mobile phone application to do any of the following:
a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
b) intercept or attempt to intercept any email correspondence;
c) use the mobile phone application in any manner that may adversely affect its availability or its resources to other users;
d) send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e) act, or fail to act in a manner which may result in the violation of any laws or regulations.
16.1. The User will indemnify and keep indemnified PeasyPay and its employees, contractors or agents from and against any cost, expense, claim, action, suit, loss, damage or other amounts whatsoever arising out of any default, whether by act or omission, of the User under this Agreement or anything lawfully done by PeasyPay in accordance with this Agreement or by reason of PeasyPay complying with any direction, request or requirement of any regulatory authority
16.2. PeasyPay shall not be responsible or liable in any way for any delay or error in the transmission or execution of any dealing by it under this Agreement caused by the User or any other third party, including but not limited to any systems or operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or act of god.
16.3. No warranty is provided by PeasyPay in relation to information or advice sourced from third parties, and all information or advice provided by PeasyPay to the User is for the private use of the User and is not to be communicated to any third party without the prior written consent of PeasyPay.
16.4. These indemnities shall survive any termination of the User relationship.
17. LIMITATION OF LIABILITY
17.1. All obligations of PeasyPay are obligations to use reasonable endeavors and do not constitute obligations to effectively achieve any result.
17.2. PeasyPay is responsible only for intentional misconduct or serious negligence.
17.3. The User declares it has read, understood and accepted all of the terms and conditions outlined in this Agreement. The User agrees that when entering into an agreement with PeasyPay the User is relying on its own judgment and, to the extent permitted by law, in the absence of negligence, fraud or dishonesty by PeasyPay or any of its employees, agents and representatives in relation to PeasyPay’s activities, PeasyPay shall bear no responsibility or liability of any kind whatsoever with respect to any advice or recommendation given or views expressed to the User, whether or not the advice, recommendation, or views expressed was as a result of a request by the User, nor will PeasyPay be liable in any respect of any losses incurred by the User resulting from dealing in any product or products or services offered by PeasyPay.
17.4. PeasyPay will bear no liability whatsoever in respect of any private dealings, contracts, transactions or relationships between the User and any of PeasyPay’s employees or agents.
17.5. In the absence of negligence, fraud, dishonesty or misconduct by PeasyPay or any of its employees, agents and representatives and to the full extent of the law, PeasyPay bears no responsibility or liability for any User’s losses or damages whatsoever incurred as a result of PeasyPay’s failure to execute orders in a timely manner or administer this Agreement in the manner contemplated by this Agreement for reasons beyond its control and, without limiting the indemnity as described above, the User indemnifies and agrees to keep PeasyPay and its employees, agents and representatives (for whom PeasyPay acts as agent) indemnified and against all sums of money, actions, proceedings, suits, claims, demands, damages, costs, expenses and other amounts whatsoever arising in respect of any such loss or
damage. Reasons outside PeasyPay’s control may include but are not limited to, government restrictions, power failure, telecommunication failure, strikes or war.
17.6. In all cases where PeasyPay liability is engaged, that liability shall be limited to damages that constitute the necessary, foreseeable and inevitable direct consequence of PeasyPay fault. PeasyPay shall not be liable for any indirect or consequential damages (including any loss of profits, goodwill, revenue, production, anticipated savings, reputational loss, end user claims or losses consequent upon loss or corruption of data nor the cost of reconstituting data).
17.7. All such available exemptions and limitations of liability shall apply in respect of PeasyPay’s employees, officers, agents and representatives.
18.2. The User shall ensure that all information provided to PeasyPay is accurate and up-to-date at all times. Any changes must be advised to PeasyPay as soon as practicable.
18.5. The User, as a data subject, shall have the right to:
a) know/be informed about the processing of his/her personal data;
b) have access to his/her personal data and familiarize him/herself with the processing method;
c) demand rectification or destruction of his/her personal data or restriction of further processing of his/her personal data, with the exception of storage, where the data are processed not in compliance with the provisions of laws;
d) object to the processing of his/her personal data;
19. AMENDMENTS TO SERVICES AND TERMS AND CONDITIONS
19.1. PeasyPay is entitled at any time to make amendments or improvements that it deems helpful or necessary to ensure the continuity, development and security of the Services; it can limit or extend the scope of the Services or the payment methods (either individually or collectively for all Users).
19.2. PeasyPay may amend this Agreement, at any time, provided it informs the User thereof at least 30 days before the entry into force of the amended Agreement, with personal notice through the User’s Account, by a notice on the Website or by any electronic means. If the User does not accept such amended Agreement, he is entitled to terminate the Agreement, without owing any compensation for such termination, by a termination notice before the entry into force of such amended Agreement. If the User has not sent out termination notice before the entry into force of the amended Agreement, he is deemed to have accepted the amended Agreement.
19.3. The termination of these Agreement shall not release the User from its obligations to PeasyPay arising prior to the date of termination of the Agreement to be properly executed.
19.4. If the User does not use his right to terminate the Agreement, the User shall be deemed as accepted the changes to this Agreement, applicable prices and commission fees and / or the terms of services made. If the User agrees with the changes to this Agreement, applicable prices and commission fees and / or the terms of services, then the User is not entitled subsequently to submit to PeasyPay User’s objection and / or claims regarding the content of such changes.
20.1. The User may terminate this Agreement by notifying PeasyPay at least 30 days prior to the date of termination.
20.2. PeasyPay may terminate this Agreement by notifying the User 30 days prior to the date of termination.
20.3. PeasyPay may also terminate this Agreement by notifying the User 30 days prior to the date of termination, if the User has not made any Payment transactions for more than 24 (twenty-four) consecutive months. Before the termination based on such legal basis as defined in this clause, PeasyPay contacts with the User due to the clear up of the necessity of opened User’s Account.
20.4. The Agreement may be terminated by mutual agreement between Parties.
20.5. PeasyPay may terminate the Agreement immediately if PeasyPay reasonably suspects or determines that the User:
a) is in violation of applicable laws or regulations including those connected with anti-money laundering or counter-terrorist financing;
b) has provided false or misleading information or documentation to PeasyPay, failed to provide the documents and information connected with its Account and using the Services or failed to keep such documents and information up-to-date; or
c) is otherwise using the Services for malicious, illegal or immoral purposes.
20.6. If it is allowed to do so under the applicable laws and regulations, PeasyPay will notify the User about the underlying reasons of termination of this Agreement as soon as possible.
20.7. The termination of the Agreement shall not release the Parties from their obligations to each other arising prior to the date of termination of this Agreement to be properly executed.
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1. This Agreement shall be governed by and construed in accordance with the Hungarian law.
21.2. The disputes between PeasyPay and the User shall be solved through negotiations.
21.3. In case if the dispute cannot be solved through negotiations, the User can submit a complaint by post or e-mail, specifying User’s name, contact details, relevant information, which would indicate why the User reasonably believes that PeasyPay violated the legal rights and interests of the User while providing the Services. The User can add other available evidence that justifies the need for such a complaint. If the User would like to submit a formal complaint, the User shall send the email to info@PeasyPay.com.
21.4. Upon receipt of a complaint from the User, PeasyPay confirms receipt of the complaint and indicates the time limit within which the reply will be submitted. In each case, the deadline for submitting a reply may vary as it directly depends on the extent and complexity of the complaint filed, but PeasyPay will make the maximum effort to provide the response to the User within the shortest possible time, but not later than 15 (fifteen) Business days.
21.5. If PeasyPay is not able to provide an answer to the complaint of the User within 15 (fifteen) Business days for reasons beyond the control of PeasyPay, PeasyPay shall send a response to the User’s e-mail address, clearly indicating the reasons for the delay in responding to the complaint and specifying the deadline by which the User will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 30 (thirty) Business days. The complaint handling procedure is free of charge for the Users.
21.6. The User who have a place of residence in other European Union or European Economic Area member states are also able to submit their claim to the relevant local authority in their place of residence.
PeasyPay – Pay with a Smile
Effective from 18th of December, 2019.
By visiting the mobile application, website, or registering for and/or using the Services in any manner, you agree that you have read, understand and accepted this Agreement and all other operating rules, policies and procedures referenced herein, each of which is incorporated herein by this reference and each of which may be updated from time to time as set forth below, to the exclusion of all other terms.
Except for certain types of disputes defined in the arbitration section below, you agree that disputes between you and PeasyPay shall be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
In this Agreement, “User” shall refer to you, and “PeasyPay” shall refer to PeasyPay Private Limited Liability Company, with a principal place of business at No 11 Kacsa Street, Budapest, H-1027 Hungary, website: https://www.peasypay.eu; support email: firstname.lastname@example.org .
2. YOUR CONSENT
3. TYPES OF DATA COLLECTED
3.1. Personal data
While using our Services, we may ask you to provide us with certain personal information that can be used to create an account (“Account”), contact or identify you, initiate a transaction. When you create an Account on PeasyPay’s Mobile App you voluntarily give some personal information. It also includes information you provide us offline, e.g. when you attend an exhibition, trade show or event, contact customer service or visit our office. There is also information about your computer hardware or software that may be automatically collected by us. This information can include your IP address, your login information, browser type and version, browser plugins, domain names, download errors, access times. That means your name and other information (if to use any of the Services we choose to request and you choose to provide) will be visible to us.
This information is used by us for the operation of the Service, to conduct business activities, to maintain the quality of the Service, and to provide general statistic of the use of the Service. We also work with third parties (including business partners in technical, payment services, advertising, analytics, search information providers) and may receive or provide information about you from them. This information can generally be categorized as registration information, self-reported information, and/or user content.
The face- and palm images given by you at the time of your first registration will be automatically converted into an anonym code as a reference “template”, which will be stored securely on our servers in anonym code form only, and will be erased as soon as they are forwarded to the service provider to compare the anonym code of reference “template” with the newly generated code from the biometric data to be authenticated, to determine resemblance before each transaction. We will keep a reduced size reference “template” face image securely on our server, taken for the first time, therefore before any subsequent transactions you will be able to double-check it on the terminal device if the biometric authentication was successful, if it is your image, in order to place your transaction order. All the unsuccessful transaction information including personal data will be deleted. The successful transaction information can be stored to comply with any legal obligations or requirement. Your biometric information will be deleted after 30 days of each successful transaction.
Personal data, identifiable information may include (“Personal data”), but is not limited to:
· Username, Name (first-, middle- and last name),
· Birth date,
· Phone number,
· E-mail address,
· face images in anonym code form, and a reduced size image format,
· palm images in anonym code form,
· payment transaction history (optional).
3.2. Usage data
We may also collect information how our Service is used (“Usage data”). This Usage data may include information such as your mobile device’s Internet Protocol address, browser type, browser version, and other diagnostic data.
4. USE OF DATA
4.1. Purposes. We only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances for various purposes:
a. to provide, maintain and make our Services available to you: We use your Personal information to create a customer account and authenticate logins, enable and enhance your use of our mobile application, and to verify and authenticate your identity via your face and palm images’ code, authorize to place a payment transaction order, which will be executed by the payment gateway service provider. We may use your personal data for internal operations, including troubleshooting, data analysis and testing. If you deactivate your Account with PeasyPay, based on your notification we will quickly and permanently delete all your personal information.
b. to analyze and improve our Services, notify you about changes to our Services, recommend interesting offerings to you. As part of value-added services provided by us or by a third party within our service portfolio, we may use your information to continuously optimize and personalize those Services and recommend you personal updates about new offerings which we believe you will find relevant.
c. to prevent fraud, enforcement of law to comply with a legal or regulatory obligation: We really want you to be free of fraudulent services and content so that you feel safe and free. We may use your information to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, protect our trademarks and enforce our EULA, Terms and Conditions. We may close your Account based on such data and other logic we have created for this, in order to protect you and other users and prevent recurring breaches. If your Account has been blocked you can contact our customer care and support. We may use your information including log information to comply with applicable laws.
d. to provide customer care and support: When you contact customer care and support, we may require or use personal information, including sensitive information, as necessary to answer your questions, resolve disputes, investigate and troubleshoot problems or complaints.
e. to monitor the usage of the Services, to conduct surveys or polls, and obtain testimonials: We value your feedback and may send you surveys, polls or requests for testimonials to improve and optimize our Services. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them in your Account Settings.
f. to provide you with recommendations, marketing communication: By creating your PeasyPay Account, you are agreeing that we may send you product and promotional emails, notifications on offers about our Services, new products, services, promotions. You may also opt-in to receiving similar notifications on the website or Mobile App. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or go to the “Preferences” section of your Account Settings to edit your email notification preferences. To opt-out of receiving such notifications, you may do so within your browser and mobile device. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails.
g. to detect, prevent and address technical issues:
h. to ensure our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
i. to communicate with you: as part of the PeasyPay team, we want to keep in touch with you. We use your information to contact you (via message or other means) to maintain the Services or to provide updates about our other services.
The legal basis for processing your sensitive information in the European Economic Area (“Territory”) for the purpose described above is based on your consent.
4.2. When using our Services we will only use the encrypted anonym code automatically derived from your face and palm images by a mathematical algorithm, without human intervention and we will store and forward only the anonym codes to the service provider for verification and authentication purposes. The face images taken for each payment transaction will be erased after the period open for any dispute resolution. Your face images will also be automatically converted into an anonym code. We will keep a reduced size image so you can check it on the terminal device if the biometric authentication was successful and it is your image so your transaction order can be processed.
5. RETENTION OF DATA
Unless otherwise specified, we retain data and information as long as it is necessary and relevant for us to achieve the purposes referred to above or to enable us to comply with our legal data protection retention obligations. Upon deactivation of your Account, we will minimize the personal data we keep about you only to such data, which we are required to keep to comply with laws, or other legal reasons.
Your right of access and deletion is not absolute and may not be available if fulfillment of such right would, among other things:
· cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
· breach or prejudice the rights of confidentiality and security of others;
· prejudice security or grievance/complaint investigations, corporate re-organizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
· otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.
We may keep your data on a non-identifiable basis to improve our Services.
6. DISCLOSURE OF DATA
a. Legal Requirements. We may disclose your Personal data without notice, only if required to do so by law or in the good faith that such action is necessary to:
· to comply with a legal obligation served on PeasyPay, its licensees or the website/mobile App;
· to protect and defend the rights or property of PeasyPay;
· to prevent or investigate possible wrongdoing or fraud in connection with the Services;
· to protect the personal safety of Users of the Service, the website/mobile App or the public;
· to protect against legal liability;
· to anyone authorized by you to receive your Personal information;
b. Service providers: to provide you with our Services: your data is kept safe with us, but we do share your personal information with third parties we trust, with the designated service providers. We may share the information we collect about you with the designated service providers, as necessary for them to provide their services to us and help us to perform our contract with you. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve our Services on our behalf or other services provided by the third-parties via our Services. While PeasyPay directly conducts the majority of data processing activities required to provide our Services to you, we engage some third party service providers to assist in supporting our Services, including in the following areas:
(i) verify and authenticate your identity: identification and authentication protocol processes certain registration information, such as non-identifiable codes derived from face and palm images, as necessary to enable to verify your identity;
(ii) payment processor processes: payment processor uses a token as necessary to enable you to purchase what you ordered;
(iii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches: to assist our experts with intrusion detection and prevention measures to prevent any potential attacks against our networks, we perform regular penetration tests and periodically audit PeasyPay’s security controls;
(iv) site analytics and operations, providing special partnership features in our Service– either on an aggregate non identifiable basis, or using a unique identifier which is not attributable to you.
NOTE: The service providers are required to secure the data they receive and to use the data for pre-agreed purposes only, they act on PeasyPay’s behalf. We implement procedure to maintain contractual terms with each service provider to protect the confidentiality and security of your information. However we cannot guarantee confidentiality and security of your information due to inherent risks associated with storing and transmitting data electronically.
c. As required by law: We will not disclose your information to law enforcement, regulatory authorities, governmental agencies, unless required by law to comply with a valid court order, subpoena, or search warrant for Personal information, or verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other users to legal liability.
e. Change of control – new owners: We may share your information with another business entity, if we plan to merge with or be acquired by that business, or are involved in a transaction with similar financial effect. In such a situation we would make reasonable efforts to request that the new combined entity or other structure follow this Policy with respect to your personal information. If your personal information was intended to be used differently, we would ask the new entity to provide you with prior notice.
f. We will not share your data with any public databases.
g. We will not provide any Personal information to an employer.
7. TRANSFER OF DATA
Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the EEA and choose to provide information to us, please note that we transfer the data, including personal data, to the EEA/Hungary and process it there.
We operate internationally and provide our Services to you in the European Economic Area/EEA countries. We store and process your personal information on our servers in the EEA/Hungary, and use service providers that may be located in various locations in the EEA. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.
8. DATA SECURITY
We know that security is important to our users and we care about the security of your information. We maintain technical, physical, and administrative security measures to protect the security, confidentiality, integrity, availability of your personal information against loss, misuse, unauthorized access, disclosure, or alteration, and otherwise safeguard your information. Our team regularly reviews and improves our security practices to help ensure the integrity of our systems and your personal information. Some of the safeguards we use include, but are not limited to the following areas: firewall at the server level, data encryption with SSL protocol, encrypted storage, physical access controls to our data centers, security protocols to prevent unauthorized access, and information access authorization controls.
Encryption. PeasyPay uses industry standard security measures to encrypt sensitive information both when it is stored and when it is being transmitted. The processed data are secured with end-to-end encryption.
Limited access to essential personnel. We limit access of information to authorized personnel, based on job function and role. PeasyPay access controls include multi-factor authentication, single sign-on, and strict privileged authorization policy.
Risks and Considerations. The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. In the event of a data breach it is possible that your data could be associated with your identity, which could be used against your interests. While we strive to use commercially acceptable means to protect your Personal data, we cannot guarantee its absolute security.
Your responsibility. We need your help too: it is your responsibility to make sure that your personal information is accurate and that your password(s) and Account registration information and other authentication information are secure and not shared with third-parties. You should immediately notify PeasyPay of any unauthorized use of any of your Personal information. PeasyPay cannot secure Personal information that you release on your own or that you request us to release.
9. INFORMATION YOU SHARE PUBLICLY
10. YOUR CHOICES, YOUR PRIVACY RIGHTS: ACCESSING, REVIEWING, AND CHANGING YOUR PERSONAL INFORMATION
You can choose not to share your Personal data, not to allow others to request your data and request to delete your data along with many other additional options, which might be available. You can also make additional choices by requesting to modify, add or delete any of your data (pls see below in more details).
Every now and then, we may send you updates about administration and operation of the Services (for example, about your transactions, policy changes, technical issues, etc.). We may also send notifications about offerings or third-parties, that we think may be of interest to you. If you do not wish to receive such notifications, you may adjust your system settings to decline them.
If you use our Services you have certain rights regarding your personal information, subject to the laws of the European Union, specifically REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”).
These include the following rights including, but not limited to: access your personal information, rectify the information we hold about you, erase your personal information, restrict our use of your personal information, object to our use of your personal information, receive your personal information in a usable electronic format and transmit it to a third party (right to data portability), lodge a complaint with your local data protection authority.
To learn more about exercising your rights under the GDPR please read about your rights below:
10.1 Your right to be informed
10.2. Your right to rectification
If you believe we or the Service Provider have the wrong data about you, or that your data is incomplete, feel free to change it at any time through the profile settings on the website or on the App on your mobile device. If you discover inaccuracy, you have the right to seek rectification of inaccurate personal data.
10.3. Your right to erasure (or, “Right to be Forgotten”)
We will delete the data, which we are not otherwise required to keep or is necessary for the provision of the Services. You are allowed to delete your Account any time. You can require erasure of Personal information that (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) was collected in relation to processing to which you previously consented, but later withdrew such consent; or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. If we have made your Personal information public and we are required to erase such Personal information, we will take reasonable steps, including technical measure, to inform processors or controllers that are processing any links or copies or replications of your Personal information of your erasure request. Our assistance with your requests for erasure is subject to limitations by relevant data protecion laws, available technology and the costs of implementation.
10.4. Your right to restrict processing
We allow you to opt out of certain processing of your data by requesting us to do so. You can decide which processing operations you want to opt-out of. You can also change the settings on your mobile device operating system at any time to prevent us gaining access to certain data – but this may negatively impact on your user experience. You have the right to restriction of processing of your personal data if: you are contesting the accuracy of your personal data, for a period enabling us to verify the accuracy of your personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or you have objected to processing of your personal data, and there is a pending verification whether our legitimate grounds override your interests.
10.5. Your right to data portability
You may request to access the data connected to you at info@PeasyPay.eu. If we process your Personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request your Personal information in a structured, commonly used and machine-readable format. Once it is ready, you will receive a file from us containing this data.
You may also request the transfer of your Personal information directly to another controller, where technically feasible, unless choosing to exercise this right adversely affects the rights and freedoms of others. A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of your Personal information.
10.6. Your right of access
We provide access to your data within your PeasyPay account. You can access and download data processed by PeasyPay within your PeasyPay Account Settings and within applicable tools and features. If you lose access to your PeasyPay account or account email address, please contact customer care for assistance. If you lose access to your PeasyPay account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, PeasyPay will not be able to sufficiently verify your identity in order to complete your request.
You may access, correct or update most of your registration information on your own within your PeasyPay Account Settings. Please note that you may not be able to delete user content that has been shared with others through the Service and that you may not be able to delete information that has been shared with third parties.
10.7. Your right to object processing
On top of the ability to opt out of processing, you can object to the processing of certain forms of data by contacting our support. Please send us an email and explain your special circumstances. We may continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
10.8. Your right to appeal automated decisions and profiling
You have the right not to be subject to a decision based solely on automated processing, which produces legal or similarly significant effects on you, except as allowed under applicable data protection laws.
10.9. Legal basis to process your data
Our relationship with you. We are the “controller” with respect to your Personal information because we determine the means and purposes of processing your information when using our Services.
a. We must have a legal basis to process your Personal information. In most cases the legal basis will be one of the following:
· to fulfil our contractual obligations to you, for example to provide the Services;
· where you have given your consent to the processing;
· to comply with our legal obligations, as explained above;
· to meet our legitimate interests, for example to understand how you use our Services and to enable us to derive knowledge from that, which allows us to develop new products and services, and to personalize the Services for you or for fraud prevention. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms;
· to protect the vital interests of the data subject or of another natural person;
· necessary for the performance of a task carried out in the public interest.
b. Your Consent.
We may obtain your consent to collect and use certain types of Personal information when we are required to do so by law (for example, when we process accurate data for purposes other than performing the Service).
We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.
10.10. Right to lodge a complaint
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally.
If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to lodge a complaint to your data protection supervisory authority concerned, situated in a Member State of the European Union of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en .
You may also seek remedy by lodging complaint before the Hungarian National Authority for Data Protection and Freedom of Information (hereinafter: “NAIH”). Fur such purpose we provide the contact details of NAIH as follows:
Name: Hungarian National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hivatal)
Registered office: 1125 Budapest, Szilágyi Erzsébet fasor 22/c
Postal address: 1530 Budapest, Pf.: 5.
Central electronic mailing address: email@example.com
Telephone number: +36 (1) 391-1400
Fax: +36 (1) 391-1410
Online administration: https://online.naih.hu/EMS/Home
In case of illegal processing detected by you, you can also initiate civil action against us. The judgement of the case shall fall within the competence of the regional court. The action may be instituted before the regional court with jurisdiction according to either your place of residence or habitation, at your choice. (You can find the list and contact details of the regional courts via the following link: http://birosag.hu/torvenyszekek).
11. THIRD-PARTY WEBSITES AND APPS
Our Services may have links to other third-party websites or you may access Apps from a third- party sites. We are not responsible for the privacy practices or the content of these third-party sites.
12. CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal data, please contact us. If we become aware that we have collected Personal data from Children without verification of parental consent, we take steps to remove that information from our servers.
13. B2B PARTNERS DATA
14. UPDATES TO THIS POLICY
15. CONTACT US
Kacsa u. 11.