EU and EEA Residents: Important Notice
By proceeding to use the PaidBy® Service you acknowledge that We, namely Xryma Plc, a public company registered in the Republic of Cyprus under company number HE348009, with its registered office at Makrasykas 1, KBC North Building, 2034 Strovolos, Nicosia, Cyprus (PaidBy®), and our other group entities, also trading as any of ISX Money®, ISXPAY® flykk®, ISX Financial®, will collect, process and store Your personal data and may share such data with other EEA regulated entities, subject to the EU General Data Protection Regulation No. 2016/679/EC (GDPR), complementary Cyprus Law on the Protection of Natural Persons against Processing of Personal Data and the Free Movement of such Data (L.125(I)/2018), as amended from time to time and obligations arising from financial services regulations which are applicable to our services.
PaidBy® means Xryma Plc, which may provide under its respective EEA authorisation the PaidBy® Service to you, the Customer. When we refer to “we”, “us” or “our”, we mean PaidBy®; and when we refer to “you” or “your” we mean you as the person receiving the PaidBy® Service.
You grant your consent that we collect personal and payment related data, check such data with various third parties including the issuer of such data or their authorised representatives, in order to meet our obligations as an EEA Authorised Electronic Money Institution, provided that we do so to either:
You understand that Your personal data related to our performance or compliance with either the 6AMLD or PSD2 and/or Applicable Law will be retained by Us as a data controller for a minimum of five (5) years as required by law, and that such data may not be subject to a ‘right to be forgotten’.
General Legal Notice
Registration and Ongoing Use of the PaidBy® Service
This is an agreement between You and PaidBy® for the provision of the PaidBy® Service. PaidBy® provides the PaidBy® Service to You and in conjunction with various third parties that include online merchants, payment gateways, payment processors, payment service providers, financial institutions and entities regulated by financial or anti money laundering regulations, which jointly or severally comprise the “third party services”. The “PaidBy® Service” is the service provided to You as the customer.
Acceptance of Terms
When you open an account for the purposes of receiving the PaidBy® Service or click on any consent button to accept our “cookies” on the PaidBy® website, you agree to these Terms and acknowledge our Privacy Notice (collectively the “Terms”).
If you do not agree to all of these Terms, close the browser window immediately and do not proceed. If you do not accept these Terms, you will not be entitled to use our services and must not proceed. PaidBy® reserves the right at our discretion to make changes to these Terms. Upon any change, we will post the updated Terms on our website.
You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. Your continued use of the PaidBy® service constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you are not entitled to continue to make use of the PaidBy® service.
When using or accessing services offered through third party service providers, you will be subject to terms posted by the service providers. Use of third party services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.
In order to register or use the PaidBy® service, you must be at least 18 years old and legally capable to enter into contracts, and be the holder of a payment instrument that includes a valid credit or debit card, or operate bank accounts with direct debit access.
You may only use the PaidBy® service for your personal, individual use. You may not use the PaidBy® service for commercial purposes and may not resell or otherwise provide other persons with access to the PaidBy® service using your password or username.
The terms “you” and “user” and “End User” refer to the person that registers for the PaidBy® service or has their identity verified, payment processed, or payment authenticated via the PaidBy® service on behalf of one of our Merchants and/or PaidBy®.
Where we collect payment directly from You on behalf of PaidBy® acting as a Merchant for our identity services, including via the Web Shield Ltd service (UK Company Number 07893072, http://www.webshield.com), it is via Authenticate B.V. in the Netherlands for the European Economic Area (EEA), with Conditions of Sale per below.
Definitions
“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate. We reserve the right to introduce additional payment instruments without notice or amendment of these terms.
“PaidBy®” means Xryma Plc (Company Number HE 348009).
“Xryma Plc” means Xryma Plc, a company registered in the Republic of Cyprus with registration number HE 348009, of Makrasykas 1, KBC North Building, 2034, Strovolos, Nicosia, Republic of Cyprus, which is an electronic money institution, with license number #115.1.3.17, authorised by the Central Bank of Cyprus with freedom to operate within the European Economic Area as an Electronic Money Institution.
“Merchant” includes any entity, including an ecommerce service, or regulated payment service provider, trading, gaming, financial, banking, or other service, that refers You, the End User, to the PaidBy® service for any of identity verification, payment processing, payment authentication or any other payment service, including anti-money laundering, anti-fraud and counter funding of terrorism transaction monitoring.
“Paydentity™ Profile” means the identity and payment profile that we create and store based upon your personal data and payment data provided during any identity verification or payment process.
Payment of Service Fees and Additional Charges
We charge our fees to Merchants, payment service providers, payment processors, AML obligated firms, and Financial Institutions. Except where you are being identified as part of a Merchant on-boarding process as either a person of significant control (PSC) or an ultimate beneficial owner (UBO), the PaidBy® identity and payment processing services are usually free of charge to payment account holders, excluding outbound external transfers, and you will be told prior to provision of any services, if you are being asked to make a payment to use the PaidBy® service.
Any other fees associated with your financial institution accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Service Limitations
PaidBy® is unable to foresee or anticipate every technical or other difficulty with the PaidBy® service. The third party services or PaidBy® services may contain errors, bugs, or other problems from time to time. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the PaidBy® service is provided “AS-IS”, without warranties of any kind. PaidBy® cannot assume responsibility for any failure to authenticate, timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.
Service Changes and Discontinuation
PaidBy® reserves the right to change or discontinue, temporarily or permanently, the PaidBy® service at any time without notice. You agree that PaidBy® will not be liable to you or any third party for any modification or discontinuance of the PaidBy® service.
PaidBy® reserves the right to alter features, licensing terms, or other characteristics of any version of services that it releases.
Usage Rules
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call ” Usage Rules”. Any conduct that violates the Use Rules is grounds for refusal to provide the PaidBy® services and for termination of your PaidBy® services account.
RIGHTS YOU GRANT TO PaidBy®
Identity Profile
The purpose of the PaidBy® Paydentity™ services is to process payments and/or to build an identity profile of you based on information provided by you, or obtained through third party providers. Your unique PaidBy® Paydentity™ profile will be retained and used by PaidBy® and our Merchant Customers (being the merchant supplying you a service or identity service) for purposes including payment processing, legally mandated identity verification, anti money laundering, counter terrorism funding, detection, prevention & response to fraud, and security control.
The payment and identity verification services are provided by PaidBy® solely as a service, and any decision made relating to acceptance of your payment and/or verification of your identity is that of our Merchant Customers or Xryma Plc. In agreeing to any identity verification you are agreeing to be pre-verified by Xryma Plc for the issuance of e-money, and for Xryma Plc to allow your Paydentity profile to be shared with our Merchants, law enforcement agencies, regulators , card schemes, and upstream payment service providers and for your Paydentity profile to be relied upon by other Anti-Money Laundering obliged entities.
By agreeing to this pre-verification you are ensuring that your identity profile is held by Xryma Plc for European Economic Area (EEA) End Users, which conforms to relevant privacy law including the General Data Protection Regulation (“GDPR”) and the Cyprus Personal Data Law, as amended from time to time.
By agreeing to have your identity verified you are not committing to the provision of any services, except those which you have expressly asked our Merchant Customer or Xryma Plc to provide to you.
In addition to these Terms, the use of your identity profile or parts of it may also be subject to agreements you have directly with third parties. The third parties include our Merchant Customers who sell or provide you with goods or services. PaidBy® is not a party to any agreement you may have with any Merchant Customer of PaidBy®. If you have a dispute with one or more Merchant Customers of PaidBy®, you forever release us, our affiliates, subsidiaries, licensors, suppliers and service providers, employees, directors and agents from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
Xryma Plc is registered with the Cyprus Office of the Commissioner for Personal Data Protection. All data related to EU member states residents is stored within the EU.
Cross Border Transfer of Your Information
PaidBy® is committed to adequately protecting your information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA and/or UK depending on the PaidBy® Service provider.
BY USE OF OUR SERVICES YOU EXPRESSLY GRANT PERMISSION FOR YOUR DATA TO BE SHARED BETWEEN AUTHENTICATE B.V (Netherlands), Xryma Plc (Cyprus) and ISX FINANCIAL UK LTD (UK), which shall be subject to either the EU Privacy requirements set out in the GDPR, if You reside in the European Union.
Disclaimer of Warrantees
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PaidBy® SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE PROCESSORS, FINANCIAL INSTITUTIONS, AND THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PaidBy® SERVICE IS AT YOUR SOLE RISK. THE PaidBy® SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PaidBy® AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PaidBy® SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PaidBy® SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PaidBy® IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY PaidBy® OR ANY THIRD PARTY.
THE OFFICIAL LANGUAGE OF THE PaidBy® SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF THE PaidBy® SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. PaidBy® SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE ANY TRANSLATION PAGES. PaidBy® AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE PaidBy® SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE PaidBy® SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PaidBy® SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PaidBy® SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PaidBy® SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PaidBy® OR THROUGH OR FROM PaidBy® WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
Limitation of Liability
YOU AGREE THAT NEITHER PaidBy® NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PaidBy® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, OUR MAXIMUM LIABILITY IS LIMITED TO € 10,000.
Indemnification
You agree to protect and fully compensate PaidBy® and its affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the PaidBy® Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Electronic Communications
These Terms and any notices or other communications regarding the PaidBy® Service may be provided to you electronically, and you agree to receive communications from PaidBy® in electronic form, which may take the form of e-mail, text messages, or other mobile & electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on the PaidBy® Service web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying PaidBy® of your decision to do so. If you revoke your consent to receive communications electronically, PaidBy® will treat this as your repudiation of these terms and you may not subsequently use the PaidBy® Service. It is your responsibility to provide PaidBy® with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. PaidBy® shall treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. PaidBy® reserves the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
Amendment to Terms
We reserve the right at our discretion to make changes to these Terms. Upon any change, PaidBy® will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. If you continue to use the PaidBy® Service thereafter, your continued use of the PaidBy® Service constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of the PaidBy® Service.
Assignment
You may not assign these Terms to any other party. Xryma Plc may assign these Terms to any future, directly or indirectly, affiliated company. Xryma Plc may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
No Waiver
PaidBy® shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by PaidBy®. No delay or omission on the part of PaidBy® in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Exclusive Agreement
You agree that these Terms are the complete and exclusive statement of the agreement between you and PaidBy® with respect to the PaidBy® Service, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and PaidBy® relating to the subject matter of these Terms. These Terms, as may be amended from time to time, will prevail over any subsequent oral communications between you and PaidBy®.
If any part of these Terms is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the offending part is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining which will continue in full force and effect.
Mobile Devices
The PaidBy® service may be available through a compatible mobile device, including tablets and smart phones. Your use of the PaidBy® service may be become subject to charges by your wireless carrier. PaidBy® assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. You agree that you are solely responsible for these charges as well as any software requirements or updates required to access or use the PaidBy® service.
PaidBy® SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES OR REPRESENTATIONS AS RELATES TO (a) AVAILAIBLITY OF YOUR WIRELESS SERVICE FROM YOUR WIRELESS CARRIER, UNINTERRUPTED ACCESS TO, OR TRANSMISSION OF DATA OR COMMUNICATIONS IN CONNECTION WITH PaidBy®, AND (b) ANY LOSS OR OTHER SECURITY BREACH OF THE WIRELESSS SERVICE.
Trademarks
ISX Money®, ISXPAY® flykk®, ISX Financial®, Paidby ®, Paydentity® and “MerchantProtect” are trademarks of Xryma Plc, ISX IP Ltd and/or ISXH Nederlands B.V. in various jurisdictions including the USA and the European Union.
Choice of Law
If You are resident in Cyprus or the EEA, then the laws and competent courts of the Republic of Cyprus govern the interpretation and performance of these Terms.
Accountability
Our privacy office is responsible for ensuring that our day-to-day procedures comply with this Privacy Policy. If you want to exercise your right to access your information or have any questions about this privacy statement, PaidBy® information practices, or your dealings with PaidBy®, you can contact us by emailing us at [email protected]
Identity Services (via www.paydentity.creditcard)
Important Note
These Conditions of Sale govern the sale of identity services to you by Authenticate BV within the EEA, and for rest of world, and are to be read in addition to the terms and conditions above. When you use the PaidBy® service, you will also be subject to these terms, and any special conditions that we make you aware of at the time of use that may be applicable. If these Conditions of Sale are inconsistent with the Special Conditions, those Special Conditions will take precedence.
Our Identity Services Sale Contract
Your order is an offer to PaidBy® to buy the identity service as recommended by the Requesting Entity. The Requesting Entity is usually one in which you have a direct or indirect relationship, and the Requesting Entity has a requirement to identify you. When you place an order to purchase a identity service from PaidBy®, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the identity service(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a identity service ordered by you, when we accept your successful payment and you provide the identity details we request. Your contract is with Authenticate BV.
We do not offer a right to cancel the identity services once commenced, with use commencing upon provision of all or part of the requested identity details pertaining to you.
You consent to receive sales invoices electronically via PDF or plain text email format.
Pricing and VAT
All prices are inclusive of legally applicable Value Added Tax (VAT) or Goods.
Our Contact Details
Our contact details are: [email protected]
Authenticate BV, Barbara Strozzilaan 101, 1083HN, Amsterdam, The Netherlands
Privacy Notice & Disclosure
Why We are Collecting Data
We are required to do so under European regulations. Our service is used to issue and distribute electronic money and /or process payments, and to allow other payment processors and/or other entities regulated under anti money laundering regulation to comply with their obligations. The data collected is:
Information collected while You are using our service may also be used to analyse trends, administer the service, improve site performance, gather broad demographic information, and for security purposes.
What Data is Collected
When You use the PaidBy® service, including when you browse PaidBy®’s website, or follow links provided by your merchant or payment processor to register a payment instrument with us or, when You authenticate a transaction for payment on a previously registered payment instrument, we collect information regarding your interaction with our PaidBy® Service.
In addition to information that You directly provide to us when using our PaidBy® Service, information that we collect may include certain details of the payment instrument used during a financial transaction, the domain and host from which You access the Internet, the Internet Protocol address of the computer/device and/or Internet Service Provider You are using, your device characteristics including operating system, installed packages, language set, serial number, and your mobile/cell phone number, geo-location, cell tower location and anonymous site statistical data.
As required by regulation or law, we store your primary identification and personal details including passport, drivers license, birth certificate details but not at any stage your bank account logins, and these are not used for any purpose other than that disclosed to You, or, in order to comply with our regulatory obligations, including anti money laundering checks.
Your Consent
By using the PaidBy® Service you are providing consent that information collected whilst interacting with PaidBy® including during registration or authentication processes, may be presented to the merchant, payment processors and/or financial institutions involved with the specific payment transaction with whom You, or someone using a payment instrument issued to You, initiated a financial transaction. This data may be shared and matched by us, and the merchant/payment processor/financial institutions involved in the transaction, in order to settle any disputed or queried transactions with your financial institution. We may use the data we collect in any legal action to recover losses due to suspected fraud, without further notice to you.
By using the PaidBy® Service you consent that documents, data and information may be shared with the issuer, payment processing providers, Merchants we provide services to under contract, law enforcement or financial regulator agencies at any time, including where fraudulent activity is suspected, or where a request for information is made by a law enforcement or financial regulator agency.
Security
In order to devalue the risk of breach, we do not ever store complete payment instrument details, and we minimise any personally identifiable information held to that required to meet our regulatory obligations. This ensures that any data we do store does not provide a means for unauthorised parties to initiate payment transactions. All payment and personal information is stored in an encrypted format at a facility that complies with Payment Card Industry (PCI DSS Level 1) requirements, and ISO 27001. We operate data facilities in the European Union, US and UK.
Online security and privacy is our business, and we comply with the privacy requirements of all jurisdictions we operate in.
Definitions
“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate.
“PaidBy®” means Xryma Plc (Company Number HE 348009).
