Effective Date: 15 February 2022
IMPORTANT INFORMATION AND WHO WE ARE
The following information applicable to all Swipe International companies is complemented by the specific provisions described in the section “Country Specific Notices”.
Swipe International is committed to adequately protecting your personal data regardless of where it is processed and regardless of your location.
Swipe International is the controller of personal information collected and processed for the Services, unless stated otherwise.
OUR DATA PROTECTION OFFICER
Email address: [email protected]
Kemp House 160 City Road
London EC1V 2NX United Kingdom
WHAT PERSONAL DATA DO WE COLLECT?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data from which the identity of the individual cannot be discerned (anonymous data).
We use different methods to collect data from and about you. Data is collected through the following:
When you use our website, we may collect, use, store and transfer the following data:
Information you give us while using our website. We may ask you to provide us with personally identifiable information while you use our website. This includes your full name, e-mail address, phone number and your website.
When you use our Services, we may collect, use, store and transfer the following personal data:
Information you give us. We may collect personal data directly from you, as set out below:
– Personal data collected from our merchants. We will ask you to provide us with personal data when you apply to become our merchant. We may require you to provide us with additional personal data as you use our Services. If you are a merchant applying to use our Services, we will collect, store and process personal data relating to you and other individuals associated with you, such as full name, email address, date of birth, home address, proof of address, photocopy of a personal identification card or passport and other information as required to on-board you and meet applicable legal requirements.
Information provided by third parties. We may collect personal data about you from third parties, as set out below:
– Personal data collected while processing your payment. If you are a card-holder making a payment to a merchant using our Services to process your payment, we may, directly or through a merchant using our payment processing service, collect, store and process financial and transaction related personal data about you and your transaction. This may include your billing address, delivery address, date of birth, purchase amount, date of purchase, payment method, credit or debit card number, bank account information and additional necessary information required to process your transaction. Merchants are responsible for providing appropriate privacy information to you about our processing of your data.
– When required for compliance with applicable laws (including specifically anti-money laundering and counter-terrorism financing laws and regulations), we may verify your information and collect information from publicly available sources, credit reference or fraud prevention agencies or check data against government sanction lists, either directly, or using identity verification providers or due diligence and screening information providers.
– When securing our website and Services, we may collect details about your device, your transaction, your computer’s internet protocol and other technical information, through our data security and firewall providers.
– When marketing our Services, we may collect identity and contact data from publicly available sources.
HOW DO WE USE YOUR PERSONAL DATA?
We will process your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you as our merchant.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, such as mitigating financial loss or other harm to our merchants, you and us.
Where we need to comply with legal or regulatory obligations, such as detecting and preventing fraud.
Where we need to improve and analyse our products, website, systems and tools.
Examples of how we may process your personal data include:
- To manage risk and protect the website, the Services and you from fraud, abuse and other illegitimate activities, by monitoring, detecting and preventing such activities.
- To comply with our obligations and to enforce the terms of our website and Services, including to comply with all applicable laws and regulations.
- Process a payment, communicate with third-parties regarding a payment, and provide related customer service.
- Monitor illegitimate activities and prevent information security risks related to our website and Services.
- Evaluate your application to use our Services and verify your identity for compliance purposes.
- Respond to inquiries, send service notices and provide customer support.
- For audits, regulatory purposes, and compliance with industry standards.
- Notify you about changes to the nature or terms of our Service.
- To administer our website, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
- To improve our website to ensure that content is presented in the most effective manner.
- Authenticate your access to your account.
- To improve or modify our Services.
- To develop new products.
- To send marketing communications.
- To conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
- For our legitimate interests, including to:
- enforce the terms of our website and Services;
- manage our everyday business needs, such as monitoring and analysing; and
- anonymise personal data in order to provide aggregated statistical data to third parties, for example to our clients.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out a description of the purposes we plan to use your personal data and the lawful basis for our processing activities below:
Type of data
Legal basis for processing including basis of legitimate interest
To facilitate and enable our relationship with you as a prospective, new or existing merchant
Identity and contact details
To process and execute your transaction, and other payments related activities, including:
Identity, contact details and transaction details
Processing of your personal data for this purpose may include automated decision-making
To manage our relationship with you as a user of our website or Services, which will include:
Identity and contact details
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Technical, device and usage details
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Identity, contacts and technical details
NOTICE TO OUR MERCHANTS
We may collect, use and disclose certain personal data about your customers when acting as your service provider. You are responsible for making sure that your customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. You must comply with the personal data protection laws of your country of origin and of those countries in which you offer products or services and, in particular when processing and sending personal data to us in the context of using the Services and submitting transactions. If you entered into our Merchant Services Agreement, you are also responsible for compliance with the requirements set out in our Merchant Services Agreement and for the notification of your customers of the Mastercard Binding Corporate Rules (as amended from time to time and currently available here), including your customers’ right to enforce these rules as third-party beneficiaries.
To the extent that we are acting as your data processor, we will process personal data in accordance with the terms of our agreement with you and your lawful instructions.
DISCLOSURES OF YOUR PERSONAL DATA
We share your personal data with trusted third parties for the purpose of providing our Services and promoting our business, as follows:
Affiliates. Your information may be shared with our affiliates within the Swipe International, to provide you with our Services. The relevant Swipe International entity is the party responsible for overall management and use of your personal data.
Business partners, payment industry suppliers and participants to your transactions. We may share your personal data with our merchants and their service providers, card schemes, payment method providers and third party acquirers, as necessary to process payments or provide our Services. The information shared includes:
Personal data necessary to facilitate the transaction and activities related to your transaction;
Personal data to help our partners resolve disputes and detect and prevent fraud; and
Personal data and performance analytics to help our merchants better understand the uses of their platform and to help our merchants enhance their customers’ experiences.
Third-party service providers. We may also use third-party service providers acting on our behalf. These service providers help us with data and cloud services, website hosting, data analysis, application services, advertising networks, information technology and related infrastructure, customer service, communications and auditing.
Other third parties. We will share your personal data with third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock.
Safety, Legal Purposes and Law Enforcement. We may share your personal data with third parties to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of Swipe International, our users, customers, employees or the public or as otherwise required by law. We also use and disclose your personal data as we believe necessary (i) under applicable law, or payment method rules; (ii) to enforce our terms and conditions, or our Merchant Service Agreement and other agreements, as applicable; (iii) to protect our rights, privacy safety or property, and/or that of our affiliates, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
All our third-party service providers and other entities in the group are required to process the data in accordance with applicable data protection regulations and to take appropriate security measures to protect your personal information in line with EU data protection standards and our policies.
We do not allow our third-party service providers to use your personal data for their own purposes.
In addition, when a third-party entity processes your personal data on our behalf and according to our instructions, we sign a written agreement with it that specifically describes its obligations with regard to security and data protection, in accordance with European data protection laws. We only permit them to process your personal data for specified purposes.
TRANSFER OF DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
When possible, the data we collect from you is stored and processed at data centres in the EEA.
Swipe International will take all reasonable legal, technical, and organisational measures to ensure that if your data is transferred outside of the EEA, it will be treated securely and with an adequate level of protection compared to the level of protection offered within the EEA.
We may share your personal data with members of the Swipe International who are based outside of the EEA. We may share your personal data with partners, suppliers or sub-processors based in countries outside of the EEA.
We have taken specific steps, in accordance with European data protection law, to protect your personal data. In particular, we will strive to restrict the transfer of your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Transfers of personal data outside of the European will take place only where the organisation receiving the personal data has provided us with adequate safeguards, and subject to a written agreement, in line with the requirements of European data protection law applicable to processors and data transfers.
If you transact with parties outside the EEA, for example by: (i) transacting with a merchant based outside the EEA; (ii) using a payment method based or commonly used outside of the EEA; or (iii) using a non-EEA currency; we may be required to transfer your personal data to those parties in order to provide the Services you requested.
Protecting your information and your privacy is extremely important to us. Being entrusted with some of your most valuable data, we have set high standards for data security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed, altered or disclosed in an unauthorised manner.
We are PCI DSS (Payment Card Industry Data Security Standard) Level 1 compliant, which is the highest standard set by the payment card industry to ensure that credit card data is processed, stored or transmitted in a secure environment.
In addition, we limit access to your personal information to those employees and third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
RETENTION OF YOUR INFORMATION
We retain your personal data in an identifiable format for the least amount of time necessary to fulfil our legal or regulatory obligations and for our business purposes. We may retain your personal data for a longer period when there is a specific legal requirement to do so, for example in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, tax, regulatory or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Data are retained for the following periods of time:
Type of data
Period of retention
Identity and contact details of merchants
5 years after termination of the contract, or from the last contact, as applicable
Technical, device and usage details (data analytics)
Improving our website, products/services, marketing, customer relationships and experiences
Prospects: Three (3) years from the data collection or from the last contact of the prospect. Clients: Five (5) years after termination of the Agreement Data collected.
Identity, contacts and technical details
Administering and protecting our business and this website
Clients: Five (5) years after termination of the Agreement Data collected.
Buyer’s credit card and transaction information
Processing a transaction
Performing a contract
Complying with anti-money laundering and regulatory requirements
Five (5) years from date of transaction or the end of the business relationship
In some circumstances you can ask us to delete your data: see below for further information about your rights.
In some circumstances we may anonymise your personal data for statistical purposes in which case we may use this information indefinitely without further notice to you.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Under certain circumstances, you have rights under data protection laws in relation to your personal data:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove your personal data. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please be aware that we may have to keep some of your data to comply with the law or for tax purposes but we will evaluate your request within applicable data protection laws.
Object to processing of your personal data. In certain circumstances you can object to our processing of your personal data. You have the absolute right to object where we are processing your personal data for direct marketing purposes. You can exercise this right at any time by contacting us.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data and we are considering whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine- readable format. This right applies to information which you have provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. Please note that if you withdraw your consent, we may not be able to provide certain products or services to you.
You have the right to object to automated individual decision-making and profiling, and the right to request human intervention where we have relied on automated decision making or profiling.
Notice relating to our operations in the United Kingdom
Swipe International is providing the following supplemental information for individuals whose personal information is collected or held by Swipe International Ltd or any of its affiliated companies.
Where you are such an individual:
When processing personal data of data subjects who are in the United Kingdom or in connection with Swipe International Ltd’s Services, Swipe International Ltd will act either as data controller or data processor. When Swipe International Ltd determines the purpose and the manner of processing of your personal data, Swipe International Ltd is deemed to be a data controller. We apply a similar approach to protecting your data whether acting as a data processor or a data controller.
Swipe International Ltd is registered in the United Kingdom under Company Number 12590979, with its registered address at Kemp House 160 City Road, London EC1V 2NX United Kingdom. Swipe International Ltd is authorised and regulated as an electronic money institution by the UK Financial Conduct Authority under number 931540.
You have the right to make a complaint at any time to the ICO, however, please consider contacting us in the first instance so that we may address your concerns directly.