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The following document contains important information for Twispay's merchants and, together with all the other contractual documents the merchant has agreed to sign in order to receive Twispay’s services, determines the terms and conditions applicable to the business relationship between the merchant and Twispay and to the services that Twispay provides to the merchant.
This document was uploaded on 13.05.2019: Special Terms and Conditions for Twispay Services
Capital Financial Services S.A. (“we”, “us”, “our”), an e-money institution licensed by the National Bank of Romania, provides to you www.twispay.com (“site” or “website”).
The use of this site is governed by the following Terms and Conditions. Accessing www.twispay.com, the materials and information presented on the site, you confirm that you have read, understood, accepted and agreed upon this Terms and Conditions. We may revise such Terms and Conditions at any time and you should periodically check the website to review the then current terms because they are binding on you.1. Copyright and intellectual property rights
www.twispay.com site content is protected by copyright law. All rights to the information provided on or via this site are reserved twispay.com. This includes, but is not limited to: data, texts, technical sources of web pages, news, graphics, drawings, photos, illustrations, pictures, logos, services, APIs and any other mentions. The content of this site cannot be reproduced, copied, translated or modified in any way, partially or totally without our prior written permission.
We may grant a limited, revocable and non-exclusive license to create a hyperlink to the home page of the site as long as this link does not describe in a false, wrong or offensive manner twispay.com or its partners and affiliates. The license granted for the hyperlink does not allow you to use the Twispay brand without a prior written consent from us.
All intellectual property rights (which include copyright and rights to source code and databases) related to brand, trademarks, logos and all materials on the website are our property or used by us under a licence or with permission, and/or of our third party partners.
Nothing contained on the site should be construed as granting by implication or otherwise, any licence or right to use any trademark displayed on the site without the written permission from us or such third party that may own the trademark.2. Using the site. Disclaimer
Information and materials presented on this site will not be considered as product offerings and services from twispay.com., its main purpose being to provide a general source of information about our products and services. Any prices presented on the website have an informative role, and it does not represent in any way a commercial binding agreement between us and you.
The information on the website may not tell you all you need to know or is not complete and you can ask us for more details by filling in the contact form.
Though we try and keep the information up to date, there may be a time delay before we can do so. You should not rely solely on the information on this website. You should check details about important things like prices or other fees in any actual agreement you sign as it is the terms in that document that form the agreement between us or by contacting us.
This site can be used by twispay.com. customers or partners and by any others who want to benefit of twispay.com services or wish to inform about them. The products and services presented on the site are not targeted to minors. The site can be accessed by minors only with the consent and under the supervision of parents or legal custodian.
Using this site is entirely the responsibility of the users, twispay.com not being liable for heavy usage, inability to use the site or for direct or indirect damages of any nature arising or related to use of the site or its content. We do not assume any responsibility and will not be liable for damages or viruses that could infect your computer or other property as a result of using this site or downloading of files, text, images or any type of material from the site.
We reserve the right to change the structure, content, location and any other details published on the site, at any time and without informing in advance.
While the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.3. Privacy
The site visitors can use the contact form to send comments, notes, observations, suggestions, ideas, proposals, etc. related to the site and its content. The communication content is permitted as long as it is not obscene, threatening, illegal, defamatory, do not affect private life of twispay.com employees, do not violate the intellectual property rights of twispay.com or third parties, do not contain viruses or other malware types, carries no political or electoral campaigns, are not chain e-mailing or other forms of spam. Once you fill in the contact form and send it to twispay.com you agree expressly and unequivocally that the information provided will be treated as non-confidential and not protected by intellectual property rights. Therefore, the information provided becomes the property of twispay.com and can be used for any purpose.
Twispay.com is totally against "spam". Spam is defined as the action of sending unsolicited e-mails, usually of commercial nature, with high repetition, to a recipient with no previous correspondence with the sender or who requested not to receive these emails. Therefore, twispay.com will send you via e-mail commercial information only with your permission, giving you the possibility to choose whether you want to receive such electronic messages or not.5. Links to other sites
The site may contain links to other third party sites which are considered to have a useful related content but are not under our control or guidance. When using these links, the Terms and Conditions that apply are the ones corresponding to those sites. Twispay.com is not responsible for the content and accuracy of these sites and assumes no responsibility regarding the privacy protection system used by them.
Twispay.com can not guarantee or control the truthfulness or up-to-date of the information presented on the sites of third parties which make reference to the site www.twispay.com.6. Security
Unauthorized actions/attempts will be punished according to the regulations in force. These unauthorized actions/attempts include, but are not limited to, fraudulent use, misuse, unauthorized access, blocking access to other users, modifying, copying information for commercial purposes, IT attacks, etc.
If you have chosen a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential and complying with our instructions. You must not share credentials with anyone else, and you authorize us to act upon instructions and information from any person that enters your credentials.7. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Romanian courts.
Capital Financial Services S.A. (or “Twispay”, “we”, “us”, “our”) is an e-money institution authorised to issue electronic money and to provide payment services under National Bank of Romania authorisation number IEME-RO-0001 of 25 April 2013. See our registration here.
Together with our partners and affiliates, we are offering payment services to online merchants, in order for them to accept payments through different payment instruments (like credit or debit cards, or other alternative payment methods) on their websites and to enable their customers to pay for products or services by using such payment instruments
We collect personal data in relation to our Merchants and their Customers when they use our Twispay payment page, the Twispay payment services and our websites (collectively the “Services”).
The personal data may be collected in different ways, when a Merchant registers for a Twispay merchant account by filling in forms, a Customer of a Merchant makes payments or conducts transactions on one of our Merchants’ website or application through our Twispay payment page, a person responds to our emails, telephones, questionnaires or surveys or when a Customer uses a recurring payments feature of Twispay payment page. We also may receive information from other sources, such as our Merchants, partners, financial service providers, identity verification services and publicly available sources.
Whenever we use your personal data, we will have a legal basis to do this. For example, you have asked us to provide our services, we have a legal obligation to do so or a legitimate interest in using your personal data, and/or the processing is necessary for the performance of a task carried out in the public interest.The personal data that we may collect includes:
I. Customer contact details, such as name, e-mail, phone number, address (such data may be collected through our payment page or received from the Merchant from whom you buy goods or services);
II. Customer financial data, such as card number, name on the card, expiration date, card verification value (such data is collected through our payment page or, where applicable, merchant’s payment page) and transaction data, such as transaction date, transaction value and a short description of the transaction; and
III. Merchant personal data, such as name, address, telephone number, e-mail address, ID/Passport details regarding the Merchant’s legal representatives, shareholders, ultimate beneficial owners - natural persons (such data is collected before entering in a contractual relationship with us and during such relationship).
We use information we collect about you to (i) provide you with the payment services we offer; (ii) to detect and prevent fraud; (iii) to promote, analyze and improve our products and Services; and to (iv) notify Merchants about changes to our products and Services.These are examples of how we may use personal data:
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, like: public interest; legal obligation (necessary for compliance with a legal or regulatory obligation); performance of a contract (necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract); and our legitimate interest.3. Disclosure of information
Generally, we collect, store and process personal data on servers located in the European Union. We share your personal data with our partners, including:(i) Affiliated entities that we control or are under common control, to provide our Services; (ii) Services Providers who help us to provide the Services, with things like payment processing (such as, financial institutions, payment method providers, card scheme processors, acquiring banks), website hosting, information technology and related infrastructure, customer service, email delivery, fraud prevention and risk mitigation; (iii) Card Schemes (Visa or MasterCard) to provide our Services under the Card Schemes’ rules and regulations and entities administering MATCH (MasterCard) and VMAS (Visa) databases where you misuse the Services for payment card transactions or engage in activity the Card Schemes identify as damaging to their brand, or if we required to do so by Card Schemes’ rules and regulations; and (iv) our Merchants, as necessary to process payments or provide the Services (for example transaction information about the purchases made by Customers through our payment processing Services). We may also disclose your personal data to third parties if we are under a duty to disclose or share your personal data in order to comply with a legal obligation or a court order. 4. Cross-Border transfer
We maintain appropriate administrative, technical and physical safeguards to protect personal information against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, use, and all other unlawful forms of processing of the personal data in our possession. When card data is processed, such data will only be processed in accordance with the strict Payment Card Industry Data Security Standards requirements ("PCI-DSS") in an encrypted form. Only by complying with the PCI-DSS requirements we are permitted to provide debit or credit card payment services. For more details please visit: https://www.pcisecuritystandards.org.6. Data retention period
When you access our websites or use our Services, we or our authorised services providers may place small data files on your computer or other device. These data files may be cookies, pixel tags or "flash cookies" (collectively "cookies"). The cookies set may obtain information about you, your computer or device, your use of our website and your general internet usage. These technologies help to make it easier for you to log on and use the websites, to recognize you as a customer, provide feedback to us as to which parts of the website you visit, so we can assess the effectiveness of the site and provide a better, faster, and safer experience, advertising purposes, measure promotional effectiveness, help ensure that your account security is not compromised, mitigate risk and prevent fraud.
The types of cookies that we use generally fall into one of four usage categories:Strictly Necessary cookies
These cookies are essential and are required for the operation of our website. They enable you to navigate around the website and use its features. They include, for example, cookies that enable users to log into secure areas of our websites.Performance/Analytical cookies
These cookies collect information about how you use the website, including which pages you go to most often and if you get error messages from certain pages. This assists us to improve the way in which our website works, for example, by ensuring that you can find what you are looking for easily.Functionality cookies
These cookies allow a website to remember your preferences (for example, your choice of language or region). They are used to recognize you when you return to our website.Targeting cookies
These cookies record your visit to our website, the individual pages visited and the links followed. These cookies are used to tailor marketing to you and your interests. Information collected by tracking cookies is commonly used to target online advertising. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign.
Cookies can normally be disabled or deleted from the cookie folder of your browser. You may be able to configure your browser not to accept cookies, although please note that this may affect your ability to use the Services we provide and affect the website’s functionality.
Our websites may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third party websites.9. Your choices and rights
If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
Generally, you have certain rights under the applicable data protection legislation in respect to your personal data (right of access, right to rectification, right to restriction, right to opposition, erasure or right to data portability). If you would like to review, correct, or update personal data that you have previously disclosed to us, you may do so by signing in to your merchant account or by contacting us at:email@example.com. If emailing us your request, please make clear in the email what personal data would like to have changed. Note that we may have to review your identity and full details of your request, before we process any request. We will try to comply with your request as soon as reasonably practicable.10. Use of services by minors
The Services are not directed to children we request that they not provide personal data through the Services. We do not knowingly collect information, including personal data, from children or other individuals who are not legally able to use our Services, including our sites.11. Data processor