Effective as of: 1st March 2017
2. Collection of Information
To open, maintain, use and close the E-money Account and payment instruments, associated with the Account and to use the Service provided by us, Client must provide his/her/its name, address, mobile phone number, date of birth, e-mail address, government issued identification and other details. Furthermore, for the purposes of funding the Account of the Client, Client may choose to provide information about its credit card, debit card or other payment instrument. We may generate and send to mobile phone number of the Client verification codes as well as to request the Client to enter them as a confirmation of certain actions. This required information is necessary for us in order to process transactions, issue new passwords (if applicable) in case the Client forgets or loses his/her password, in order to protect Client, us or other customers of ours against identity theft, credit card fraud as well as to contact Client should the need arise in administering the Account of Client. In order for us to provide our Service Client acknowledges and permits us his/her/its to have access to the contact list/address book, in the Client's smart phone in order to find, keep track and use of the mobile phone numbers of other users of the Services provided by us.
If Client sends to us correspondence, including post mails, e-mails and faxes, we will retain such information in the record made for the Account of Client. We will also retain customer service correspondence and other correspondence from us to Client. We retain these records in order to assess and improve the provision of customer service, as well as to investigate potential fraud and violations of the terms and conditions of the Service. In addition, phone calls from Client to us and vice versa will be monitored and/or recorded for purposes of quality improvement of the service, as well as for purposes of security and fraud detection.
In order to fulfill its legal obligations to prevent fraud and money laundering and/or to protect all of its customers against potential fraud, we may obtain information about Client from third party agencies, including financial history details, court judgments and bankruptcies, from credit reference and fraud prevention agencies when the Client opens Account and at any time when we deem necessary to protect from fraud or to minimize our financial risks. If the overall payment volumes which the Client sends or receives through the Service are high, in some circumstances we will conduct a background check on Client business by obtaining information about Client and its business from a Credit Reference or Fraud Agency. If Client owes us money, we may conduct a credit check on Client by obtaining additional information about the Client from a Credit Reference or Fraud Agency, to the extent permitted by law.
In addition to the personal information provided by the Client or obtained from third parties, our website for the Service use a technology which allows us to gather particular technical information i.e. address of Client's internet protocol, operational system of the Client's computer, Client's browser type, traffic data, location data, weblogs and other communication data, whether this is required by us for purposes of control of risk and security, performance of regular obligations, inventory or other purposes. When Client accesses the Service using a mobile device (e.g. a smartphone), we may additionally collect and store device sign-on data (including device ID) and geolocation data in order to provide the services.
3. Use of Information
- To verify the identity and financial information of the Client;
- To make fraud prevention checks, anti-money laundering and credit checks;
- For opening, operating and administering and closing the Account of the Client and the payment instruments associated to it and for provision of services that Client has requested;
- To execute instructions of the Client for undertaking and receiving payments and transfers using the Service, including for verifying that Client has sufficient funds in its Account and has any linked payment instruments to make such payment operations;
- To notify the Client about changes to the service(s) provided by us;
- To comply with financial and payment services regulations including retention of financial information and transactions information.
- To exercise our rights and perform our obligations resulting from the Agreement with the Client;
- To transfer our rights under the Agreement with the Client to a person established in a Member State of EEA, while at the same time complying with the provisions of the Agreement with the Client.
4. Disclosure of Information
We are not entitled to sell or rent any of personal information about the client to third parties in breach of its legal obligations. We will give access to the personal information about the Client only to those employees who need it in order to provide the Services to the Client. We may disclose personal information about the Client only in limited amount of cases explicitly listed in this document, as well as to the third parties and their sub-contractors, listed in the List of Third Parties with whom personal information may be shared, where the List is made available to the Client prior to entry into Agreement for the Service.
We may disclose personal information about the Client to third parties if it is necessary for us in order to, among other things, fulfill the request of the Client, process Client's payment details, provide support services and monitor fraudulent activities.
When Client sends money to another customer of the Service or a merchant to whom Client wishes to pay, we will, at a minimum, pass on to the recipient the mobile phone number, the e-mail address and the identification number of Account of Client. Depending on the type of payment involved, we may also send other personal details such as name, address and country of residence of Client if the recipients request this information from us in order to improve the payment process, to reconcile payments with the commercial transaction or to conduct their own anti-fraud and anti-money laundering checks.
We will also disclose information about Client to our auditing company which will carry out professional auditing services for us and will assess our policies for Anti Money Laundering (AML) and Know Your Customer (KYC).
We may disclose aggregated commercial data on turnovers made via the Service to third parties that act as our sub-contractors and have a contractual obligation to preserve the confidentiality and where this information will be used by them only for the purposes of distributing the Service and/or support of the Client for use of the Service.
We will disclose information about the Client in the event that we are obliged by an effective law to do so. Such disclosure includes, without limitation, transaction information, account information, personal information and the contents of communications to: the court; the police; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies (other than tax related authorities), departments, regulatory authorities. If false or inaccurate information is provided by Client and fraud is identified, we will pass details to fraud prevention agencies and law enforcement agencies may access and use that information. We and other organizations may also access and use this information (including information from other countries) to prevent fraud and money laundering.
5. Information Security and Protection
We take the responsibility to ensure that the information about Client is secure. To prevent unauthorized access or disclosure of information we maintain physical, electronic and procedural safeguards that comply with applicable regulations to guard non-public personal information. Once the Client is logged into his/her Account, all internet communication is secured using Secure Socket Layer (SSL) technology with High-grade security Encryption (AES-256, 256 bit keys, certified by StartCom Ltd). We restrict access to personally identifiable information of the Client only to employees who need to know that information in order to provide products or services to Client.
The security of the Account and the payment instrument of Client also relies on protection by Clients of its identifying credentials of the Account, the payment instruments or other functionalities of the service, including transfers via SMS. Client shall not share its identifying credentials with anyone. We will never ask Client to send its identifying credentials in an e-mail, although we may ask Client to enter this and other personal information in the Client Interface of Client in the website for the Service, which will always have a URL beginning with https://www.mypos.com or in the Mobile App Profile (myPOS Mobile App) uploaded on the Client's smart device or in other way as may be required by the Service. Any e-mail or other communication asking Client to provide personal information via email, or linking to a website with a URL that does not begin with this should be treated by Client as unauthorized and suspicious and should be reported to us immediately. If Client does share its identifying credentials with a third party for any reason, including because the third party has promised to provide additional services to Client, the third party will have access to the Account of Client and to its personal information, and Client will be responsible for the actions taken by the third party by using Client identifying credentials. If Client believes someone else has obtained access to its identifying credentials, must change it immediately by logging in to the Client Interface or Mobile App Profile of the Client and changing its settings, as well as to contact the our Customer Service (firstname.lastname@example.org
6. Contact with Client
We communicate with our Clients on a regular basis via email SMS or push notifications via its mobile applications to provide its services. We also communicate with Clients by e-mail or phone to resolve customer complaints or claims made by Clients; respond to requests for customer service; inform Clients if according to us their accounts or any of their transactions have been used for an illegitimate purpose; confirm information concerning a Client's identity, business or account activity; conduct customer surveys; investigate suspicious transactions.
We use Client's email, physical address or mobile phone to send an SMS, email or push notification to confirm the opening of an e-money account, to send notice of payments that sent or received through us, to send information about important changes to the products and services, and to send notices and other disclosures required by law. We will monitor and/or record telephone conversations with Client to offer additional security, detect fraud, take instructions by Clients correctly or to resolve complaints.
7. Accessing and Changing Information by Client
Client can review the personal information which is provided to us and make any desired changes to such information, or to the settings for the Account of Client, at any time by logging in its Client Interface on the Website or logging in the Profile for the Mobile App and changing the preferences in the "Profile" tab.
If Client closes its Account, we will mark in its database the account of Client as "Closed", but will keep the information about Client, as we are required to retain certain records for a period of at least five years after closure. This is necessary in order to detect fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their Account and opening a new Account. However, if Client closes its Account, the personally identifiable information about Client will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.
At the request of Client, we will also share with Client where the personal information of Client has been stored, what personal information we have about Client and for what purposes we use it. Client has legal right to such requests. They may be submitted to our Customer Service.