1. INTRODUCTION

1.1. abypay AG and its group companies (“we”, “our” or “us”) created this Data Privacy Statement  because you are either requesting to work as a contractor, as a supplier, as a partner, as a customer or requesting to be part of abypay AG followers, to receive further communications on abypay AG news, services and products.

1.2. This Data policy aims to clarify in ow we will process and use your personal data.

2. Data Privacy rights

2.1. If you have any further questions on this data privacy statement or wish to exercise any of your rights under applicable data protection laws, please contact us by email at  info@abypay.com

3. TYPES OF DATA PROTECTED

3.1. Personal
This Data Privacy Statement applies to your “personal data”: this is all information concerned to you as an identified or identifiable person. This data can be referred to in this Data Privacy Statement as well as (“Information”).

3.2. Personal Data (Special categories) We hereby confirm that abypay AG, currently does nor collects any data related to special categories. The only special data that abypay AG may collect in the future is biometric data to offer a better user registration experience and security. We will send you notification and update this terms when when we start using biometric registration.
The following are “special categories of personal data” subject to a higher degree of protection:
physical or mental health;
racial or ethnic origin;
political opinions;
trade union membership;
religious beliefs;
sexual life;
and genetic and biometric data.

4. WHAT DATA WE COLLECT

4.1. Data you give us
You may give us Data by filling in online forms, by corresponding with us in person, by phone, email, or otherwise, or via third party.

4.2. Data we collect about you
The types of information we collect about you depends on your interaction with our Website and our Services, and might include, where permitted by applicable law:
- Your contact information (e.g., name, email address, phone; number, billing or mailing address, home address);
- Date of birth;
- Gender;
- Company name;
- Job role;
- Bank and credit account information;
- Identity validation, copies of your passport, id, driving licence and similar documents to verify your information;
- IP address, geolocation;
- Credit history;
- National identification numbers;
- Details of any transactions carried out using any of the Services;
- Any other information that you choose to provide to us (e.g., if you send us an email/otherwise contact us);
- Calls/emails/other correspondence;
- Information about your business
- Information through Cookies and other tracking technologies.

5. DATA PROVIDED BY THIRD PARTIES

5.1. We may also collect data from external sources commercially available to abypay AG.

5.2. Some of the data collected (as described in section 4), and additional Information, may be provided to us by third party agencies, such as payment institutions providers.

6. USE OF YOUR DATA

6.1. We process Data (other than special categories of personal data) for the reasons listed below.

6.2. Legal or regulatory obligation EU law rules and regulations may require us to process your data to comply with legal or regulatory obligations such as:
- ensuring the safety and security of our systems;
- responding to government statistical monitoring;
- liaising with tax authority and other government entities or agencies in relation to attachments of earnings and similar deductions;
- communicating with public or regulatory bodies.

6.3. Where we have a legitimate interest We will use only the necessary data to answer to your requests or to safeguard compliance and safety in the use of our services, wether is:
- request to be a abypay AG merchant
- request to be a personal or business user of abypay AG services and products
- request to work with abypay
- request to become an abypay investor or partner
- request to be an abypay follower and receive in any subscribed channels news of abypay products, services or sector related news.
- to respond to your inquiries, to provide any information that you request, and to provide customer support. use your data to personalise your experience and offer relevant services. We may customise the content sent or display to you, including location customisation. for marketing and promotional purposes, unless you opted out by unsubscribing from marketing emails and/or by contacting us via email. We may use your information, such as your email address, phone number, or mailing address to send you newsletters, special offers and promotions and prizes, services or other related information we think may interest you.
- to offer you a better user experience personalising your experience (future) we may monitor your website and app use, to improve our Website and Services.
- collect information directly from you, or from third parties such as our marketing affiliates and service providers used to verify your identity and prevent fraudulent activity.
- reporting to government entities.

6.4. If you do not agree with the processing of Information on the basis that it is in our legitimate interests to do so, please inform via email at info@abypay.com so we can cease to process Information for that purpose, unless certain exceptions apply: see “Right to object to processing in certain circumstances” under “Your rights” below.

7. DISCLOSURE OF YOUR DATA TO THIRD PARTIES

7.1. To improve your user experience and offer more advantageous conditions we may share Information with:
- our group companies;
- professional advisors (including lawyers, accountants and auditors);
- legal and regulatory authorities; and
- Government/state customs or related entities.

7.2. We may share Information with other parties which provide products or services to us, payment institutions providers, in order to enable us to comply with our overriding legal and regulatory obligations to you and to ensure that we comply with any contract that we enter into with you. These third parties will also be data controllers of Data, to be processed in accordance with the third party’s data privacy policy.

7.3. We may also disclose data to third parties where it is in our legitimate interest to do so, including for the following reasons:
- if we sell or buy any business or assets, where we may disclose Information to the prospective seller or buyer of such business or assets; or
- if we are under a duty to disclose data and other information to comply with legal obligations.

7.4. We do not sell Information or disclose it to any third parties without your consent.

8. SECURITY OF YOUR DATA

8.1. We are devoted to ensure your data is safe in accordance with this Data Privacy Statement.

8.2. All data and Information you provide to us electronically is stored on our secure servers within the European Economic Area.

8.3. Although, we will do our best to protect your Information in all circumstances, we cannot guarantee the security of your Information transmitted to or stored on our IT system or sent via internet, and any transmission is at your own risk. This is because transmission of information via the internet is not entirely safe anywhere in the world. However, once we have received your data in our end, we will use strict procedures and security features to try to prevent unauthorised access.

9. HOW LONG WE KEEP YOUR DATA

We will hold your Data and information as long as necessary to fulfil the reasons described in this Data Privacy Statement or in the terms of any contract that we enter into or for as long as we are enforced to do so by law or in order to comply with a regulatory obligation.

10. YOUR RIGHTS

10.1. Access to Information and updating Information
You have the right to access Information that we keep about you, subject to certain exceptions enforced by law. If you submit a formal request via email, we shall provide you with a copy of Information which we are processing or keep about you. For any further copies which you request, we may charge a reasonable fee based on administrative costs.
You also have the right to receive your data in a structured format to be can be transferred to another data controller (“data portability”).
Is your responsibility to ensure the data you provided to us is correct and put to date. You may request us to correct or remove information which you think is inaccurate to ensure your Information or data is accurate and up to date.

10.2. Right to object to processing
You have the right to object at any time to the processing of your Information. Where you object on this ground, we will no longer process your Information unless:
- the processing is still necessary for the accomplishment of a contract that you entered into with us; or
- the processing is necessary for the establishment, exercise or defence of legal claims; or
- we have a legal or regulatory obligation for which the processing of the Information is necessary; or

10.3. Right to be forgotten
In certain limited circumstances, you have the right to request the erasure of your Information (‘right to be forgotten’).
Data erasion is not an absolute right, in certain circumstances, data may be subject to legal obligations and may not be possible to be erased:
I.e. In response to legal process – to comply with the law, a judicial proceeding, related to money laundering or other fraudulent suspects.
Data shared with third parties, we will inform them about the erasure of your data unless this is impossible and involve disproportionate effort.

11. EXERCISING RIGHTS

11.1. You can exercise any of your rights by contacting us via the email provided in “Contacting us”.

11.2. Except as described in this Data Privacy Statement there is no charge for the exercise of your legal rights. Nevertheless, if your requests are manifestly unfounded or excessive, like for example, because of their repetitive character, we may either: charge a reasonable fee, to cover administrative costs of providing the information or taking the action requested; or refuse to act on the request.

11.3. When there are reasonable doubts concerning the identity of the person making the request, for security reasons we may request additional information to confirm your identity.

12. INTERNATIONAL OPERATIONS

12.1. As an international company, authorised personnel may access your Information in any country in which we operate. Therefore, it may be necessary to transfer your details to members of our group located in countries that may not offer equivalent data protection or privacy laws to those in the EU.

12.2. Whenever we have to transfer this information, abypay AG shall take all steps reasonably necessary to safeguard that your Information is treated securely and in accordance with this statement and applicable law.

13. Third party analytics

We may use automated devices and applications, such as Google Analytics or other related tools, to evaluate use of our Website and improve our Services, and user experiences. These entities may also use cookies and other tracking technologies to perform their services. These third parties may collect your device ID, IP address, or other information about your use of the Services as part of the analytics provided to abypay AG. To opt-out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout/. If you use a new or different computer, install a new browser, or clear your cookies; in that case, you will need to re-opt-out through the link above

14. Changes to these Data Privacy terms

This Policy may be subject to change from time to time. Any changes in the future will be published on our Website and, if appropriate, notified to you by email or in your “My Account” via app or website.  Please consult frequently to see any updates or changes to our Policy.

15. COMPLAINTS

15.1 Is your right to complain should you not be happy with any term. You may send us the complain to info@abypay.com