Last amended as of: 14 November 2018
The Policy together with the Terms and the Cookies Policy shall be deemed accepted by the Client upon their clicking the respective button, “I have read and agree to the Terms”.
The terms used in this Policy shall be understood in accordance with the Terms and the applicable law.
1. INFORMATION ADMINISTRATION COLLECTS
Administration collects information from and about the Clients:
directly from the Clients when they provide it to us, as provided in paragraphs 1.2. and 1.3. hereof;
automatically when the Clients use ClearPay, as provided in paragraph 1.4. hereof.
The Administration shall be entitled to collect, store and use the following data on the Client (hereinafter – “Collected Information”):
by which the Client may be personally identified, that is defined as personal or personally identifiable information (PII) under an applicable law / any other identifier by which the Client may be contacted online or offline (hereinafter – “Personal Information”);
that concerns all the operations conducted through ClearPay or by using ClearPay, which does not allow to directly identify you.
This data includes:
contact details, such as name (corporate name and identification number – for legal entities), address, telephone number, email address;
financial and transaction data, such as credit or debit card number, and bank account information; name of the recipient and provider if applicable; and
any other information, which is provided by the Client in order for ClearPay to provide Services.
When the Client accesses and uses ClearPay, we may automatically receive such information:
the data of the browser used, the type and version of the operating system;
the type of the device used and its screen (monitor) resolution;
the used IP address;
the time and date of visiting ClearPay;
other data the use of which is necessary for the operation of ClearPay as a whole and its improvement (optimization).
2. USE AND STORAGE OF THE INFORMATION
Administration uses the Collected Information to:
provide the Services;
detect and prevent fraud;
mitigate financial loss or other harm to Clients and Administration; and
promote, analyze and improve ClearPay Services.
Administration may use the Collected Information, in particular, to:
verify an identity for compliance purposes, including but not limited to, KYC procedures;
monitor and prevent fraud and other harmful activity;
respond to inquiries, send Service notices and provide customer support;
process the payments, communicate regarding the payments, and provide related Client services;
conduct audits, for regulatory purposes and compliance with industry standards;
develop new products;
send marketing communications.
Administration shall store the Collected Information subject to the Internet Security framework and safeguards for a reasonable time depending on the nature of the Services or for the time prescribed by applicable law.
If the Client terminate their Account, if such was previously registered, the Administration will remove their Personal Information. However, please note:
there is a possibility of delays in removal of the information from our servers; and
the information may be saved if it is necessary to fulfil our legal and financial obligations, dispute resolution, or for the fulfilment of our contracts.
2.5. Whenever the Client gave the Administration their consent to collect, use, store or disclose their PI, they have the right to withdraw such consent at any time by emailing to us, as indicated in the Contact information.
2.6. As indicated in the Terms, the person shall not use ClearPay if they are under 18 years of age.
2.7. If the Client’s personal information changes, they can update or correct it in the registered Account or by emailing to us.
2.8. If the Administration informed the Client and the Client agreed, the Administration may use the Client’s PII to send notifications, newsletters, Services and other updates. Such mailings may contain the tracking technologies. The Client may subscribe or unsubscribe of these mailings by email or through instructions enclosed in the notification. The Client may also send a browser-based “do not track” (DNT) request. The Client may enable or disable DNT on any browser. E.g., in Google Chrome, the Client may proceed to the Settings page, Advanced Settings, scroll down the privacy section and click on (activate/deactivate) “Do not track”. Similar setting can be adjusted on other browsers (Firefox, Safari, Internet Explorer, etc.)
3. DISCLOSURE OF INFORMATION
Administration may disclose to third parties the aggregated information about the Clients, and information that does not identify any individual within the scope of the provision of the Services, based on the nature of the Services, except for the cases described in this Policy.
Administration is entitled to transfer the Personal Information of the Client, or the personal data base, including the Personal Information of the Client, in whole or in part, to third parties, included bud not limited to, third parties, including those located outside the State of Delaware, without notification of the Client, in particular, to:
Administration’s subsidiaries and affiliates;
persons, who require such information to complete the initiated costs transfer;
persons responsible for financial monitoring;
to other persons, if this is required by the Terms or under the applicable law.
By no means shall Administration disclose the Personal Information to other persons or in other ways than specified in this Policy, other than with a prior consent of the Client.
4. LINKS TO OTHER WEBSITES
In any case, it is the Client’s responsibility to familiarize itself with the privacy and practices of these third-parties’ websites.
Administration takes a wide range of reasonable measures (organizational, technical, administrative etc.) to protect Personal Information within provision of the Services from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction.
In case the Client has the reasons to believe that their interaction with ClearPay might be no longer secure, the Client has to contact Administration immediately. When appropriate, Administration shall notify those Clients whose information may have been compromised and to take other steps in accordance with applicable law.
6. DISCLAIMERS AND LIABILITY AS TO PRIVACY
Only authorized Administration’s employees shall have access to the Client’s Personal Information. Such employees undertake duty to strictly observe the confidentiality and prevent unauthorized access of third parties to the Personal Information and other data on the Client.
Despite the taken measures to protect Personal Information, Administration warns that no data transmission or storage system can be guaranteed to be 100% secure. The measures taken by Administration to improve the safety of Personal Information will not guarantee a 100% safety as well.
Administration shall not be responsible for the consequences of the Client’s voluntary entering (placement, distribution or dissemination) of any of their Personal Information or the Personal Information of the other Clients somewhere within the Services provided by Administration.
Administration shall not be obliged to inform the Client of the threats connected with the placement of their Personal Information somewhere beyond the Services scope every time or with a certain recurrence.
Administration shall not be responsible for any acts of the Clients and third parties in relation to the Clients’ Personal Information both within and beyond the Services provided by the Administration irrespective of whether the data were received during the Services provision or otherwise.
When registering, if and where applicable, the Client shall confirm that they will provide true and accurate information. If the Client provides untrue (erroneous) or inaccurate information or the Administration has reasonable and sufficient grounds to believe that such information is untrue (erroneous) or inaccurate, the Administration shall be entitled not to render its Services, and for the registered Clients to block the Client’s Account on a temporary basis (till all the disputable matters are settled) or indefinitely, as provided in Terms.
Administration shall not be responsible for illegal acts of third parties, hackers, intruders, and other violators who may breach the provisions of this Policy and try to take possession of the Client`s information and Personal Information in full or in part, as well as use it for personal purposes.
7. GOVERNING LAW. GDPR APPLICATION
7.1. These Terms and other relationships between the Parties are governed by the law of the State of Delaware, USA.
7.2. As to EU/EEA-based users, upon execution of online payments, a transfer of data, in particular personal data, needs to be carried out in cross-border international transactions. This implies that your personally identifiable information (PII) may be transferred, processed, collected and stored beyond the EU/EEA when you use this Website and provide us and/or the merchant(s), as well as other relevant third parties, where applicable, with your PII. By doing so you agree to your PII transfer, processing, collection, and storage.
7.3. When an EU/EEA-based user/customer purchases the products/services through our Website, we will be their Data Processor and Controller, in accordance with the GDPR.
7.4. EU/EEA-based user/customer will be asked to give its consent to submit its PII to us and/or enable/disable cookies used by our Website.
This Policy may be amended, including any material change, at any time without giving the Clients any prior notice.
Any amendments or additions to this Policy shall be valid only after a new version of the Policy is placed at ClearPay website. The new version of the Policy shall come into force at the moment it is placed at ClearPay website, unless otherwise provided for by the new version of the Policy.
The date the Policy was last revised is identified at the top of the page. The Client is responsible for ensuring that the Administration has their up-to-date active and deliverable email address, and for periodically visiting this Policy to check for any changes.
9. CONTACT INFORMATION
If you have any questions about this Policy, please contact us by emailing to: firstname.lastname@example.org.