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1. Purpose and Scope of Privacy Policy

Safeguarding your personal information is a top priority of VivatPay, UAB (hereinafter referred to as the “Company”, “we”, or us). We are dedicated to protecting your privacy and ensuring that your personal data is handled in a transparent and lawful manner, in compliance with the regulations of the European Union (General Data Protection Regulation 2016/679) and the laws of the Republic of Lithuania.

This Privacy Policy applies to:

  • Your use of our Website;
  • Your use of our Payment Initiation Services;
  • Your use of our VivatPay System;

In order to offer our Payment Initiation Services to you, we collect personal data, which includes information gathered during any necessary application including, but not limited to Cooperation Request and/or registration process to access our Services.

In this Privacy Policy, we outline the types of personal data we gather and process concerning the Users and/or their representatives, if any, who submit a Cooperation Request and utilize our Payment Initiation Services, or who have subscribed to receive advertising or information from our Company.

Please note that certain terms used in this Privacy Policy have defined meanings. These terms are capitalized and these definitions as well as additional information can be found in our Terms of Use . Please also note that additional information might be also provided in our internal policies, contracts, and other documents provided by us to you before entering into mutual cooperation.

Please thoroughly review this Privacy Policy to comprehend our procedures concerning your personal data and how we intend to handle it.

By agreeing to this Policy, you explicitly authorize us to collect, process, utilize, and disclosure of your personal information as outlined herein.

Please note that we process your personal data only in the context of providing you with Payment Initiation Services. Such processing of your personal data is based only on obtaining your consent, our mutual contractual arrangements, and our legal obligations in accordance with General Data Protection Regulation 2016/679, the Payment Law of the Republic of Lithuania and/or other applicable laws of the Republic of Lithuania. You can withdraw your consent at any time by contacting us via e-mail indicated in section 13 of the Terms of Use.

2. The Types of Data We Collect

When you use our Website and apply for cooperation (submit a Cooperation Request), you must provide the following data:

  • Your company name;
  • Contact person (full name);
  • Email address;
  • Contact telephone number.

Please take note that before entering into cooperation and execution of agreements with you for the provision of Payment Initiation Services, We may request you to provide us with additional information in accordance with this Privacy Policy, our internal policies, contracts, and/or other documents provided by us to you before entering into mutual cooperation. All personal data, if any, provided under the mentioned documents are processed in accordance with this Privacy Policy.

In respect of personal data, we collect and process the following categories of personal data:

  • Personal data: full name, date of birth, personal identification documents, residential address, contact details (telephone number, e-mail address, correspondence address).
  • Financial data: bank account details, and transaction details which you are going to conduct through VivatPay System. In order to conduct Payment Initiation Services, we may handle certain personal data of your customers. Please take note that in such a case you are responsible before your customers for their data processing and storage of their personal data as you are acting as the personal data controller of your customers' data. Therefore, you must furnish your customers with exhaustive details regarding the processing of their personal data and the recipients of such data.
  • Communication data: information gathered through various communication and technical channels such as data contained in messages, emails, etc.
  • Device data: this pertains to details about your computer or handheld device, such as the internet protocol (IP) address, computer operating system, browser, browser version, plug-ins, computer time zone settings, mobile device type, unique device identifier, mobile operating system, and version.

We are authorized to gather and utilize this data as it is essential for us to establish a contractual agreement with you and deliver our services to you within that agreement. It is also necessary for us to adhere to our legal and regulatory commitments. Failure to collect and process this information will prevent us from offering our services to you.

3. Data Received from Third Parties

The majority of the data in our possession concerning you will either be provided directly by you or will be gathered during your utilization of our Website and VivatPay System. Nevertheless, we might also receive personal details and/or information from other sources, such as:

  • Business partners;
  • Financial institutions;
  • Fraud prevention agencies and identity verification services;
  • Referral partners;
  • Other public sources.

4. With Whom We May Share Your Personal Data

We may share your personal data to ensure the provision of our Payment Initiation Services to you with our partners and/or other parties involved in the performance of the Payment Initiation Services through the VivatPay System or in other cases, where necessary and/or required by law. We ensure that personal data is not disclosed beyond what is essential for the provision of Payment Initiation Services. We will not sell, distribute, or lease your personal data to other third parties, except for external service providers such as: banking partners, technical service providers, payment card issuers, payment service providers, and/or other financial institutions. Except for disclosing your personal data in the frame of provision of Payment Initiation Services to you, we may also disclose your personal data to the following recipients:

  • Law enforcement authorities;
  • Courts;
  • Our affiliates;
  • Our auditors;
  • Other our contractors involved in the provision of services.

5. Transfer of Personal Data to Third Countries

We are committed to safeguarding your personal data and ensuring that it is handled securely and in compliance with our Privacy Policy. Your Personal Data will only be transferred to organizations or countries with adequate controls in place to protect your information, as outlined in this Policy. In order to provide our Payment Initiation Services, your personal data may need to be shared with companies located outside of the EU/EEA countries. When transferring data to third countries, we uphold applicable laws to ensure a sufficient level of data protection. We comply with the standard requirements of General Data Protection Regulation 2016/679 to maintain adequate safeguards for the international transfer of your data and oblige our affiliates, service providers, and/or other partners to comply with this General Data Protection Regulation 2016/679 as well.

6. How We Store Your Personal Data

Security is a top priority in the provision of our Payment Initiation Services. We have established various organizational and technical measures to protect your personal data from accidental or unlawful destruction, alteration, disclosure, and any other unauthorized processing. While we make every effort to use commercially acceptable methods to safeguard your personal data, we cannot guarantee its complete security.

7. What are your rights

You may have the following rights with regard to your personal data that is prescribed in General Data Protection Regulation 2016/679:

  • Accessing and updating information. If you find that any of the information, we have is incorrect or incomplete, you have the right to have it rectified. You can request a copy of the information we hold about you, correct it, and send us updated information or you can ask us to correct any inaccuracies that you are unable to update yourself. We will also inform our partners who have shared your data about updates in your data. Also, you have the right at any time to request and receive your personal data that we are processing.
  • Right to object. You have the right to object to the processing of your personal data that is based on legitimate interests or the performance of tasks in the public interest of official authority, unless We have strong justifiable reasons to proceed with processing your data or if the processing is necessary for the establishment, exercise, or defense of legal claims or for other legitimate reasons. You have the right to object to the processing of your personal data at any time, we utilize your personal data for sending advertising or information from our Company.
  • The right to be informed. You have the right to request and to be provided with clear and transparent information about the processing of your data.
  • The right of access. You can contact us via e-mail indicated in section 13 of the Terms of Use and request us to provide you with access to your personal data. We will grant you access to your personal data along with the following details: the processing purposes, the types of personal data we collected, the partners with whom we shared your personal data, the timeframe for retaining or expected retention period of the data, the origin of the data if we received from third parties as indicated in Section 4 of this Policy.
  • The right to restrict processing. You have the right to request us not to process your Personal Data in the following situations:
  • If the accuracy of the data is being disputed;
  • If the data is no longer needed for its original purpose but you require it to establish, exercise, or defend a legal claim.
  • If the data has been processed unlawfully and you prefer a restriction on processing instead of deletion;
  • If you have objected to the processing of your data and we are evaluating if there are overriding legitimate grounds to continue processing
  • The right to be forgotten. You have the right to request to delete your personal data, if:
  • there is no longer an original purpose for which we collected your personal data, and/or a legal basis or legitimate reason for us to further process your personal data;
  • the data has been unlawfully processed;
  • it is necessary to comply with General Data Protection Regulation 2016/679 and the laws of the Republic of Lithuania.

Please be assured that we will take all reasonable steps to ensure that your personal data is deleted.

8. Complaints

If you have any complaints, comments, or questions about this Policy, you can contact us via e-mail indicated in section 13 of the Terms of Use.

If you believe that your rights under the General Data Protection Regulation 2016/679 have been violated, you have the right to file a complaint with the appropriate supervisory authority in Lithuania (State Data Protection Inspectorate).

9. Privacy policy review

We may change or revise this Privacy Policy at any time. Any updates or amendments to the Privacy Policy will be effective upon publication on this page. It is recommended that you periodically review the Privacy Policy to ensure that you are comfortable with the current version. The last updated date will be displayed at the end of this Policy.

Last updated: 18 April 2024.

1. Introduction

VivatPay, UAB (hereinafter referred to as the “Company”, “Financial Company”, “we” “us” or “our”) values your trust and is committed to ensure proper provision of services to you. Please read these Terms of use carefully before submission of the Cooperation Request and using our services.

By submitting the Cooperation Request and registration on the Company’s Website, you agree that you have read, understood and accepted all terms and conditions hereof.

2. Terms and Definitions

Information Technology Service Agreement or Service Agreement, regardless of its specific name (hereinafter the “Agreement”) –a written agreement on cooperation between the Company and the User signed by and agreed between the Parties based on and taking into account this Terms of Use unless otherwise specified in the Agreement. User – a legal entity, individual entrepreneur or an individual to whom the Financial Company provides the service of performing a Money Transfer. Users or Clients are Payers, Senders and Recipients. At the same time, an individual, an individual entrepreneur and/or legal entity are considered as participants in legal relations arising between Payers, Senders and Recipients. Merchant – a legal entity or a natural person carrying out activities, in accordance with the Regulatory Laws, ensuring the execution and fulfillment of the Order. Service – services providing information and technological interaction between the beneficiary (Merchant) – individual entrepreneur, legal entity and payment service provider (Bank) when the latter transfers money in favor of the beneficiary on payments accepted from payers. Transaction – an operation of accepting payment or disbursement of funds. Order – Goods/Services to be delivered by Merchant. Acquiring Bank – a bank that transfers funds from the Payer’s EPS to the Recipient’s current account.

Payment – a transfer of funds from the Merchant in favor of the Payee. Payment system- a system for performing payment transactions with formal and standardized arrangements and general rules for processing, clearing and/or settlement between participants of the payment system.

Payment Instruction – a request to carry out a transaction for acceptance of payment or payment against fulfillment of the Order.

Payment Acceptance – a transfer of funds from the Sender in favor of the Merchant. Business day – a part of the Financial Company’s business day during which the necessary information is received from the Clients for the Transfer of Funds and, if technically possible and technically feasible, is processed, transferred and executed.

Recipient – a legal entity to whose account the amount of the payment transaction is credited. Payer – an individual from whose account (using the Card or its details) a payment transaction is initiated on the basis of a payment instruction. Sender – a natural person or a legal entity that has placed the Order using the Payment Acceptance Service.

Funds transfer – a payment service during which a certain amount of funds is transferred in non-cash form in the national currency for the purpose of crediting it to the Recipient’s account. Financial Company Service and/or VivatPay System – a set of software, technical and organizational measures and/or API of the Financial Company, which is intended to provide the Payer with the opportunity to use electronic means of payment to initiate the transfer of funds from their own account to the Recipient’s account, as well as to receive technical services that accompanying the provision of money transfer services. Electronic payment instrument (EMI) – a payment instrument implemented on any medium containing electronic data necessary to initiate a payment transaction and/or other transactions specified in the contract with the issuer.

Means and Resources – an organizational, informational, technological, material, intellectual, labor, financial, legal and other means and resources, including (but not limited to): Internet site, premises and equipment, information system, personnel, funds, registration, licenses, contractual relations, rules, standards and other.

Cooperation Request – is an online application posted by the Client on the Company’s Website with Company’s services including but not limited to with the terms of their provision.

3. Description of Services

Under the Agreement, the User shall entrust and the Financial Company shall provide a financial payment service for the Transfer of Funds to the Recipient under the terms of the Agreement.

The Financial Company does not sell (realize) goods, works, services sold (realized) by the Recipients. Legal relations between the User and the Recipient shall arise, change and terminate exclusively between the User and the Recipient. The Financial Company is solely responsible for accepting funds from the User and transferring the received funds to the Recipient.

All essential terms and conditions for the provision of services by the Company are set out in the Agreement executed between you and the Company. In case of discrepancies between these Terms of Use and the Agreement, the Agreement shall prevail.

4. The Procedure for Providing the Services

  • Merchant’s connection to the VivatPay System
  • Carrying out settlements
  • Disconnection of Merchant from the VivatPay System.

5. Procedure of Merchant’s Connection to the VivatPay System

  • Application Registration
  • Access to the Personal Account
  • Filling in the form
  • Collection of the documents
  • Verification
  • Joining the Agreement
  • Integration
  • Setting up transaction processing parameters
  • Testing
  • Activation of “live mode”.

6. Provision of Payment Initiation Services

We offer payment initiation services in line with the regulations outlined in the Payment Law of the Republic of Lithuania and the established standards of Payment initiation set by the Bank of Lithuania. Personal data provided for this purpose will be processed in accordance with our Privacy policy, General Data Protection Regulation 2016/679 and statutory requirements of respective laws of the Republic of Lithuania in order to facilitate the payment initiation services in a security manner.

Our processing of your personal data is contingent only after you have read and accepted our Privacy policy. You cannot submit the Cooperation Request on our Website without providing the prior approval to the Privacy Policy. This data processing is crucial for identification, payment initiation, payment authentication, and confirmation of transactions. Please be assured that we cannot proceed with payment initiation services without your consent.

The list of personal data and the procedure for their collection and data processing is set out in the Privacy policy.

Please be advised that following the completion of a payment, both you and the merchant from whom you acquired goods or services will receive notification of the payment status via email or via sms to the telephone number indicated in the Cooperation Request on our Website.

7. Responsibility of Parties

The Financial Company shall be liable to the User for the Transfer of Funds in accordance with the Law of the Republic of Lithuania and the terms of the Agreement. The Financial Company is not responsible for the quality of public communication channels, as well as data transmission networks, including global Internet, which are used to access to the services and facilities of the Financial Company.

The Financial Company is not responsible for the quality of goods, works, services of the Recipients, and is not responsible for the Recipient’s obligations to the Payer.

The Financial Company is not responsible for and control of the legality of transactions between the Payer and the Recipient, their terms, as well as the fact and consequences of their conclusion, execution and or termination of contracts, including in terms of refund of payment under such contracts. The Financial Company does not consider claims of the User, concerning non-performance (improper fulfillment) by the Recipient or the Payer of their obligations under the Agreement, including obligations to transfer goods, provide services/perform work.

The Financial Company is liable only for documented actual loss. In any case, the maximum amount of liability for documented actual loss may not exceed the amount of funds received from the User (Payer) as payment for the Funds Transfer services. The Financial Company shall not be liable for any damage incurred as a result of errors, omissions, interruptions, defects and delays in operation or data transmission.

The User is responsible for the compliance of the information specified by him/her when initiating the Funds Transfer with the essence of the transaction under which this Transfer is carried out in accordance with the legislation of the Republic of Lithuania. The User of the Financial Company’s Service undertakes to independently take all necessary measures to maintain confidentiality, prevent unauthorized use and protection of their personal data, data of electronic means of payment (payment cards) belonging to them from unauthorized access by third parties.

8. Termination and Suspension of Services

In addition to the termination terms indicated in the Agreement executed between the Company and the User, the Company may unilaterally stop providing services without prior notice in such cases:

  • - Suspending the provision of Payment Initiation Services
  • - Restricting or suspending access to the VivatPay System
  • - Reversing a payment transaction and returning funds to the Payer’s account.

The Company may implement its right for termination and suspension of the Services outlined in this clause 8 under the following circumstances:

  • In the event of a material breach of these Terms of Use and the Agreement by you
  • If suspicion arises that you are involved in Money Laundering or Terrorist Financing activities, or if VivatPay System or our Services are used or intended to be used for illegal purposes, posing a reputational risk for us or increasing our risk level
  • Inability to verify your identity, source of funds, or other provided information
  • Reasonable belief that your use of our Services or VivatPay System may compromise, corrupt, or adversely affect our Services or VivatPay System
  • Material changes in your business activities or transaction volume
  • Bankruptcy, insolvency, liquidation procedure on your part
  • Change of Control if you did not inform us about this.

Where feasible, we will promptly notify you of any measures taken under this clause and explain any necessary actions to restore full access to our Services and or VivatPay System. However, communication may be restricted if prohibited by law or poses a security risk.

In instances of suspected money laundering, terrorist financing, or other criminal activity, or if necessary to comply with legal obligations, we reserve the right to immediately suspend access to VivatPay System and our Services without notice pending further investigation.

Suspension of you access to VivatPay System and our Services will be lifted if the circumstances leading to the suspension no longer exist.

Company shall not be liable for any losses resulting from the suspension of access to VivatPay System and our Services, or for any other restrictions imposed by these Terms of Use or under the Agreement.

9. Personal Data

When processing personal data, the Company is guided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation”), by the Law of the Republic of Lithuania on the Legal Protection of Personal Data, and by the requirements laid down in other legal acts governing the processing and protection of personal data. The Company’s Privacy Policy is available at: https://vivatpay.com/page-docs.html. By submitting a Cooperation Request and registration the Client also acknowledges the Privacy policy by ticking the checkbox.

10. Intellectual Property Rights

The Company is a sole owner of all Intellectual Property Rights of VivatPay System and the Company does not transfer any of its rights neither under the Agreement nor hereunder. The Company only provides the User with non-exclusive right to use the Intellectual Property Rights of its VivatPay System in the frame of provision of payment initiation services by the Company.

11. Disclaimer

To the fullest extent permitted by law, VivatPay System and/or services provided "as is" and “as available”. Neither Company nor any Company’s representative makes any other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. Company does not warrant that User's use of VivatPay System and/or services will be secure, uninterrupted, free from virus or other malicious code or error-free. Company shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications, third-party platforms or other systems outside the reasonable control of the Company.

12. Cookies

We use cookies to improve our Website and services and enhance your browsing experience of our Website. These cookies also help us gather data for analytical and advertising purposes. We understand and respect your privacy preferences, allowing you to opt-out of certain types of cookies. Rest assured, your privacy is important to us, and we strive to provide you with the best possible browsing experience while respecting your choices regarding cookie settings. Therefore, you can manage the cookie preferences through your browser settings. You may choose to accept, reject, or delete cookies. However, please note that disabling certain cookies may affect the functionality and performance of our Website for you.

13. Contact information

You can contact the Company via e-mail info@vivatpay.com, or hotline +3706921083, or mail Kareivių str. 11B, LT-09133, Vilnius, the Republic of Lithuania. Working days and hours: Monday - Friday (except for holidays and non-working days according to the legislation of the Republic of Lithuania) from 09:00 to 18:00. Break hours: from 13:00 to 14:00. Days off: Saturday - Sunday, public holidays, and non-working days in accordance with the laws of the Republic of Lithuania.

14. Final Provisions

These Terms of Use shall be effective as of 18 April 2024 and are valid until the date of their revocation or publication of a new version on the Website by the Company. The Company has the right to unilaterally change any clauses and provisions of these Terms of Use without separate notice by announcing it on the Website. For Users with whom the Company has entered into an Agreement, the terms of the agreement shall prevail, regardless of changes to the Terms of Use on the Company’s website.

All disputes between the Company and the Client shall be settled in good faith by negotiation, and in case of inability to reach an agreement – in a competent court at the address of the Company’s location in accordance with the material law of the Republic of Lithuania unless otherwise is stated in the executed Agreement between Company and User. All additional notices and information if any related to the use of the Website and Services will be sent to the Client by electronic means, to the e-mail address specified in the Cooperation Request.

In connection with the protection of the Company’s violated rights, the Company may rely on both these Terms of Use and the Agreement as well as other remedies available under applicable laws.

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