Effective as of 25.05.2017
Last updated: 22nd of August 2019
For the purposes of this documents myPOS Services consist of products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by us or mobile apps, online platform, official social media platforms, or other online properties through which we provide payment and e-money services.
Where one of the above mentioned entities is specified as responsible Data Controller we inform you that the other entities specified above are acting as Data Processors of the Date Controller and vice-versa. The ultimate liability lies with the respective Data Controller and you should address all your questions to the respective Data Controller via the contact details specified below.
For the purposes of providing Account, Acquiring and Card-related services, myPOS AD, Company Number 205050564, with seat and registered address at Business Park Varna B1, Bulgaria, acting as an agent of iCard, shall be the main Data processor in relation to your personal data.
myPOS Service is designed for business purposes and may be used by individuals or entities. In case you are registering for and/or using myPOS Services on behalf of an entity we will treat you as authorized person and you may be obliged to disclose to us personal data of the legal representatives, the employees, the agents, the beneficial owners or any other third-party related to the entity pursuant to the rules described below. You certify that where you have provided information regarding any third person beside yourself you have received prior consent from that other person to provide their personal information to us.
IN CASE MYPOS EUROPE LTD. DOES NO LONGER HAVE THE RIGHT TO PROVIDE CROSS-BORDER SERVICES IN THE EUROPEAN UNION FOR LEGAL REASONS, THE FORMER SHALL CONTINUE TO PROCESS DATA OF ITS EUROPEAN UNION CLIENTS ONLY FOR THE PURPOSES OF COMPLYING WITH REGULATORY RETENTION PERIODS.
ALL CLIENTS, FOR WHICH MYPOS EUROPE LTD. HAS ACTED AS A DATA CONTROLLER, IN THE ABSENCE OF THEIR EXPLICIT REFUSAL, SHALL THENCEFORTH BE SERVICED BY ANOTHER E-MONEY INSTITUTION AND THEREFORE THAT E-MONEY INSTITUTION SHALL BECOME THE RESPONSIBLE DATA CONTROLLER FOR SAID CLIENTS’ DATA.
You are informed that there are three general categories of information that is collected from you differentiated on grounds as defined by the Regulation 2016/679 and other applicable data protection national laws.
1.1 Information That We Collect In Order To Perform Our Legal Obligations and In Order To Provide myPOS Service As Part Of Our Contract With You
We ask for and collect from you the following personal information when you use the myPOS Service.
This information is necessary for us to comply with our regulatory obligations and for the adequate performance of the contract between you and us. Without it, we may not be able to provide you effectively with myPOS Service for which you register.
And other data which we may choose to collect in our enrol forms, which is necessary for your identification and verification.
We comply with this legal obligation by means of online-based Video Identification Chat (“video call”) and other procedures for verification in compliance with applicable AML laws. The Video Call is conducted by the employees of licensed as E-money institution, iCard AD, Bulgaria, Varna, Business Park Varna, Building B1, PO 9009, or by employees of iCall EOOD, Company number 204259408, with Registered office Business Park Varna No B1, Varna, Bulgaria, which act as a sub-contractor to us for the purposes of customer support and to which you agree to provide your personal data. We shall provide a secure video channel and the necessary level of direct visual communication connection with the mobile device of the Client or user opening the Account via Mobile App. To achieve the effective execution of the Video Identification Call you or the user opening the Account must give us access to the camera of the mobile device. During the video call, in order to fully comply with the relevant Anti-money laundering and anti-terrorism financing regulations, we must take:
- photographs of the user registering for myPOS Service; and
- photographs of the principal page of your or the user opening the account’s passport or of the front and rear sides of any other official ID document.
For the same purposes you or user opening the Account you might have to allow us to download and read the chip embedder in the Passport/digital copy of the Passport (referred to as ePassport) if applicable. The personal data stored in the ePassport or other official ID document will be read and encrypted via NFC technology.
For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off myPOS Service through partnerships, or about your experiences and interactions from our partner and networks.
The payment transaction information may include the payment instrument’s details used, date and time of transactions performed by you, amount of payment transaction, payment instrument expiration date and billing postcode, email address, IBAN or other account identifier information, your address and other related transaction details.
This information is necessary for the adequate performance of the contract between you and us and to allow us to provide you effectively the e-money and payment services.
1.2 Information That We Collect With Your Consent
You may choose to provide us with additional personal information in order to obtain a better user experience when using myPOS. This additional information will be processed based on your consent.
1.3 Information We Collect from Your Use of the myPOS Service.
When you use the myPOS Service, we may collect information, including personal information, about the services you use and how you use them. This information is necessary given our legitimate interest in being able to provide and improve the functionalities of the myPOS Service.
Please be advised that when you use myPOS Service, we automatically collect some of the personal information described in the sections above such as Geo-location Information, Log Data and Device Information, Cookies and Similar Technologies, Payment Transaction Information.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop myPOS Service, create and maintain a secure environment, pursue our legitimate interests and comply with our legal obligations.
2.1 Providing e-money and payment services.
We process this information given our legitimate interest in improving the myPOS Service and our clients’ experience with it, and where it is necessary for the adequate performance of the contract with you as well as to comply with applicable laws.
2.2. Provide, Improve, and Develop the myPOS Service and myPOS Online Store.
We process this information given our legitimate interest in improving the myPOS Service, and where it is necessary for the adequate performance of the contract with you.
2.3 Create and Maintain a Secure Environment.
We process this information given our legitimate interest in protecting myPOS Service, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.4. Provide, Personalize, Measure, and Improve our Advertising and Marketing.
We will process your personal information for the purposes listed in this section given our legitimate interests in relation to the products we have already offered you and your consent in undertaking marketing activities to offer you products or services that may be of your interest. You have the right to object or opt-out from processing your personal information for the purposes described above by withdrawing your consent at any time and free of charge.
3.1. With other members of the myPOS corporate family: We may share your Personal Data with members of the myPOS Group of companies or within our extended family of companies that are related by common ownership or control, so that we may provide the Services you have requested or authorised or to manage the risk, or to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements and to help us manage the availability and connectivity of myPOS Services and communications.
3.2. With third part service providers: We may share personal information with third party service providers that support us in providing myPOS Service, products and/or Platform with functions at our decision and our behalf.
These third-party service providers may for example:
3.3. With other financial institutions that we have contracted to enable us to provide effectively myPOS Service to our customers: These financial institutions may only use this information in order for us to provide you with the wider scope of payment features. Such may be:
3.4. With the other parties to transactions when you use myPOS Services, such as other Clients, merchants, and their service providers: We may share information with the other participants to your transactions, including other clients or payers/payees you are sending or receiving funds from, and merchants or their service providers when you use the Services to pay for goods or services. The information includes:
3.5. With other third parties for our legitimate interest or as permitted or required by law: We may share information about you with other parties for our legitimate interest or as permitted or required by law, including:
With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorise an account connection with a third-party account or platform.
In addition, we may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why users visit our website and services. This data will not personally identify you or provide information about your use of myPOS Service. We do not share your Personal Data with third parties for their marketing purposes without your consent.
3.6. Aggregated Data. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
We may monitor or record telephone calls, emails, web chat or other communications with you for regulatory, security, customer services or training purposes. When visiting our offices, CCTV, access control systems and/or other monitoring systems may be in operation.
3.8 Social Media
We may review and use public comments and opinions made on social networking sites (e.g. Facebook and Twitter) to better understand our customers and our provision and development of myPOS Service.
3.9 Business Transfers.
We may share your personal information iCard Services AD, UIN 175415100, with registered seat and address in Varna, Business Park Varna, B1, Bulgaria and iCard AD, Bulgaria, in relation to the customer two-factor authentication, required under the PSD2 laws, via technical tool Gate Keeper - mobile application that facilitates the strong customer authentication.
You may exercise any of the rights described in this section before the respective Data Controller pursuant to the Legal Agreements by sending an email from your e-mail registered for myPOS Service to the respective Company providing the Service to you under the respective Legal Agreement stated below. Please note that we may ask you to verify your identity before taking further action on your request. Please note that upon receipt of your e-mail we shall try our best to provide you with the requested information and resolve your request in reasonable time, subject to all obligations which we or the related companies have under the applicable laws.
5.1 Managing Your Information.
You have the right to obtain the following:
5.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself via your online access to myPOS Account).
5.3 Data Access and Portability.
You have the right to:
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us.
5.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our regulatory obligations. If you no longer want us to use your information to provide myPOS Service to you, you can request that we erase your personal information and close your myPOS Account, providing your account is in good standing, not blocked or somehow limited for compliance, risk or regulatory reasons, or due to your outstanding obligation to us, court order, pledge or order by another regulator or other reason which prevent us by law to close your account or terminate the Service. In case the Data Controller is a regulated financial institution, such as credit institution, E-money institution or similar, such Data Controller is obliged under PSD and AML laws to keep your personal information and all transactions history for a period of 5 years after the termination of the relation with you (or where the laws of the United Kingdom of Great Britain and Northern Ireland are applicable – for a period of 6 years). Please note that if you request the erasure of your personal information:
5.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by us you may withdraw your consent at any time by changing your Account settings or by sending a communication to us specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether our legitimate grounds override your own.
5.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling for marketing purposes) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims. Please note that Data Controllers which are regulated financial institutions, such as credit institutions, E-money institutions or similar are obliged under AML laws to make risk profiling of their customers upon opening of the relationship and constantly during the relationship and this is a legitimate reason. In case you do not wish us to process your personal data for certain specific purposes, which are legitimate purposes to us, you shall have to close your account or we may have to stop providing you some or all of the Services, subject to all conditions for the closing of the account, specified above in this Section.
Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by sending an e-mail to the contact e-mails below.
5.7 Lodging Complaints.
Data Protection Officer (DPO):
myPOS Europe Ltd
The Shard, Level 24
32 London Bridge Street
Data Protection Officer (DPO):
Business Park Varna No B1, Varna 9023, Bulgaria
Data Protection Officer (DPO):
myPOS Services OOD,
Business Park Varna No B1, Varna 9023, Bulgaria
5.7.2 Competent Regulator. In case you are not satisfied with the reply or resolution of the respective Data Controller, you have the right to lodge complaints about the data processing activities carried out by us before the competent data protection supervisory authorities as described below.
2 Prof. Tsvetan Lazarov blvd.
2 Prof. Tsvetan Lazarov blvd.
7.1 EU-US & Swiss-US Privacy Shield.
Where we disclose any of your collected personal information outside EEA to USA (if applicable), we shall comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework and any other adequacy decision.
7.2 Other Means to Ensure an Adequate Level of Data Protection.
In case personal information is shared with corporate affiliates or third-party service providers outside the EEA in absence of an adequacy decision, we have - prior to sharing your information with such corporate affiliate or third-party service provider – established the necessary means to ensure an adequate level of data protection. We will provide further information on the means to ensure an adequate level of data protection on request.
Protection of personal data transferred from or to the United Kingdom of Great Britain and Northern Ireland in the absence of an adequacy decision:
In the absence of an adequacy decision after the United Kingdom of Great Britain and Northern Ireland leaves the European Union, we shall enter into Data processing agreements, including Standard contractual clauses for data transfers between EU and non-EU countries, with our new or existing vendors or similar parties from the United Kingdom of Great Britain and Northern Ireland
We take the responsibility to ensure that your personal information is secure, kept in an encrypted form on servers, collocated in Special data centres in Class A jurisdictions in Europe. 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 you are logged into your 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 your personally identifiable information only to employees who need to know that information in order to provide products or services to you.
If you know or have reason to believe that your myPOS Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your myPOS Account, please contact us following the instructions in the Contact Us section below. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current.
myPOS Service is not designed to individuals under the age of 18. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use myPOS Service. If we obtain actual knowledge that we have collected Personal Data from an individual under the age of 18, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under the age of 18.