PRIVACY AND COOKIE POLICY

Paybase GmbH (Paybase) is committed to protecting and respecting your privacy. This policy, together with any agreement we enter into with you, sets out how your personal data will be treated, your privacy rights and how the law protects you.

Paybase (our, us, we, data controller) provides a full range of payment services and is responsible for your personal data. Our details are included below, and the purposes for which we act as a data controller are detailed in the table under the section titled “Purposes for which we will use your personal data”.

Paybase GmbH
Hauptstrasse 66
12159 Berlin
Germany
dpo@paybase.io
www.paybase.io

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By providing consent you are accepting and consenting to the practices described in this policy.

INFORMATION WE COLLECT FROM YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed(anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes information about your identity such as name, address, date of birth, username or similar identifier, title, gender.
• Contact Data includes where you live and how to contact you including: address, email address and telephone numbers.
• Financial Data includes information about your financial position, status and history, and payment account details (can include bank, credit, payment and electronic money accounts).
• Transaction Data includes details about payments to and from your accounts with us.
• Technical Data includes details about the devices and technology you use including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website or services.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Special Types of Data include racial or ethnic origin, racial or ethnic origin, religious or philosophical beliefs, trade union membership, genetic and bio-metric and health data. We will only process such data if the law allows us to do so.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and if you fail to provide that data when requested, we may not be able to meet our regulatory obligations or perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). If you do not provide the requested information we may have to decline your application or cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW YOUR PERSONAL DATA IS COLLECTED

We use different methods to collect data about you (and your business) including through:

• Information you give us:
  • when you apply for, or use, our products or services;
  • when you communicate with us whether by phone, post, email, online or by other means;
  • when you use our websites or device applications;
  • when you apply for an account;
  • in emails, letters and other correspondence; and
  • when you request marketing to be sent to you by us or selected third parties;
• Your use of our services. The data we collect when you use our services (such as making transactions, viewing your account details or using any part of our website) includes:
  • Transaction Data;
  • Profile Data;
  • Usage Data; and
  • Technical Data
• Third parties. We may receive personal data about you from various third parties and public sources as set out below:
  • Companies that introduce you to us;
  • Card associations;
  • Public information sources such as Companies House and the Electoral Register;
  • Government and law enforcement agencies; and
  • Agents working on our behalf including fraud prevention agencies, analytics providers, advertisers.

HOW WE USE YOUR DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where you consent to it;
• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
• Where we need to comply with a legal or regulatory obligation.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. We have also included which data controllers will use, and be responsible for, your data in the manner specified.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you or your business. This is how we decide which products, services and offers may be relevant for you or your business (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.

OPTING OUT

You can ask us to stop sending you marketing messages or sharing your data with third parties for marketing purposes at any time by contacting us using the details provided above.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree.

Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region)
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

WHO WE MAY DISCLOSE YOUR INFORMATION TO

You agree that we may disclose your personal information to:

• Any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries as reasonably necessary for the purposes, and on the legal basis, detailed in this policy;
• Allied Irish Banks plc and First Merchant Processing (Ireland) Designated Activity Company who we work with in order to provide a full range of payment services;
• Our agents, advisors and business partners who we use to help manage your accounts and services, improve services and resolve issues such as legal disputes;
• HM Revenue & Customs, regulators and other authorities;
• Fraud prevention and credit reference agencies for the purpose of verifying your identity and ensuring the security of your account;
• Any party linked with you or your business including ; organisations that introduce you to us;
• Organisations we introduce you to for marketing purposes;
• Analytics and search engine providers that assist us in the improvement and optimisation of our website;
• Card scheme providers such as Visa, MasterCard, Maestro where the card scheme rules require us to do so or to any regulatory body as required under any applicable law or regulations;
• Any insurance company for the purposes of insuring risk; and
• Other entities where we are obliged to by law or to law enforcement agencies for the purposes of registration of fraud or suspected fraud or where we have your consent.

You agree that we can and will disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
• If substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
• In addition to the disclosures detailed in this section, we may also disclose your personal information where it is necessary to do so: for compliance with a legal obligation; in order to protect the vital interests of you or another natural person; and for the establishment, exercise or defence of legal claims.

HOW WE USE YOUR INFORMATION TO MAKE AUTOMATED DECISIONS

We may use systems to make automated decisions based on information we hold about you or your business. This helps us to make sure our decisions are quick, fair, efficient and correct, based on what we know. These automated decisions can affect the products, services or features we may offer you now or in the future. The following are some of the ways we may use systems to make automated decisions:

Tailoring products and services

We may use your data along with that of other customer in order to study and learn about our customers’ needs, and to make decisions based on what we learn. This helps us to design products and services for different customer groups, and to manage our relationships with them.

Fraud detection

We use your personal information to help determine if your account, or transaction, is being used for fraud or money laundering. If there is a risk of fraud, or money laundering, we may suspend or terminate your transaction and/or account and refuse access to your account.

Opening accounts

We use automated checks to help determine if you satisfy our criteria for an account, including fraud, money laundering and eligibility checks.

Your rights with respect to automated decisions

• You can ask that we do not make our decision based on the automated decision alone.
• You can object to an automated decision, and ask that a person reviews it.
• If you want to know more about these rights, or to exercise them, please contact us.

WHERE WE STORE AND TRANSFER YOUR PERSONAL DATA

All information you provide to us will be transferred and stored in a jurisdiction located in the European Economic Area(EEA). However, we may transfer some or all of your data to countries outside of the EEA which may not offer the same level of protection as the GDPR with respect to the processing of your personal data. Where your data is transferred to such countries it will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission(EC) can can by found on the EC’s website:

Where data is to be transferred to a group company in a country outside of the EEA which may not offer the same level of protection as the GDPR with respect to the processing of your personal data., we will ensure that the group company agrees to binding corporate rules in accordance with Article 47 of the GDPR which can be found at:

Where we transfer data to organisations based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission:

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

KEEPING AND DELETING YOUR DATA

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We keep certain data for minimum periods, namely:

• we retain Transaction Data for a minimum of seven years after the date of the transaction;
• we retain certain Account Information, for a minimum of seven years after your agreement with us has ended;

The majority of personal data we hold will be deleted seven years after the termination of any agreement you have with us unless it is needed for other necessary or legitimate purposes.

In some circumstances you can ask us to delete your data: see request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR RIGHTS

Under the GDPR you have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Please note that we also have to consider our regulatory obligations and the rights of other individuals when providing you with information and that this may mean that the information we provide is redacted or partial in some instances.
• Request correction of the personal data that we hold about you.This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data.This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party.We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data.However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of these rights you will need to contact us using the contact details above. In the case of exercising your right to access, you will also need to provide appropriate evidence of your identity.

If you decide to exercise one or more of these rights please note that it may mean that we have to terminate any agreement we have with you as we may no longer be able to provide the service you requested.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this pagehttps://paybase.io/privacy-policy. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the contact details at the start of this policy.