Effective as of 25.05.2018
This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of iCard Service.
If you see an undefined term in this Privacy Policy (such as “iCard Account” or “iCard Card”), it has the same definition as in our Legal Agreement for iCard or other legal documents regulating iCard Service to all of which this Privacy Policy is inseparable part.
When this policy mentions “we,” “us,” or “our,” it refers to the respective company, proving iCard Services to the Client, under the above mentioned Legal Agreements, that is responsible for your information under this Privacy Policy (the “Data Controller”).
For the purposes of this documents iCard Service 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.
We give utmost importance to the protection of personal data of our customers. In the following Privacy Policy, we inform the Client about the collection, use and processing of your personal data when you apply, register or use our iCard Service and all functionalities, included in the Service, including our website www.iCard.com (hereinafter: “Website”), our iCard Mobile App, E-money account and Cards.
For all purposes related to the iCard Service under the General Terms and Conditions iCard, the responsible Data Controller is iCard AD, Company number 175325806, Registered office James Bourchier 76A, Sofia, Bulgaria. (referred to as iCard AD, Bulgaria);
Where one of the abovementioned 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.
iCard Service not designed for business purposes and cannot be used by business entities and/or employers. However, in case you are using iCard Services on behalf of an entity and/or in your capacity of an employer, 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.
Not a Framework Contract: For the avoidance of doubt, this Privacy Policy does not constitute a “framework contract” for the purpose of the EU Payment Services Directive 2 (EU) 2015/2366 or any implementation of that directive in the European Union or EEA (including, without limitation any national laws implementing the EU PSD).
1. WHAT INFORMATION WE COLLECT
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 iCard Service As Part Of Our Contract With You
We ask for and collect from you the following personal information when you use the iCard 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 iCard 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.
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.
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 iCard. This additional information will be processed based on your consent.
1.3 Information We Collect from Your Use of the iCard Service.
When you use the iCard 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 iCard Service.
Please be advised that when you use iCard 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.
2. HOW WE USE INFORMATION WE COLLECT
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop iCard 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 iCard 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 iCard Service.
We process this information given our legitimate interest in improving the iCard 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 iCard 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 your consent in undertaking marketing activities to offer you products or services that may be of your interest. You have the right to opt-out from processing your personal information for the purposes described above by withdrawing your consent at any time and free of charge.
3. WITH WHOM DO WE SHARE PERSONAL DATA
3.1. With other members of the iCard corporate family: We may share your Personal Data with members of the iCard 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 iCard Services and communications.
3.2. With third party service providers: We may share personal information with third party service providers that support us in providing iCard Service, products and/or Platform with functions at our decision and our behalf.
These third-party service providers may for example:
These providers have limited access only to your information necessary to perform the tasks for which they were contracted for on our behalf and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.
3.3. With other financial institutions that we have contracted to enable us to provide effectively iCard 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 iCard 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 iCard 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.
3.7. Monitoring
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 iCard Service.
3.9 Business Transfers.
If any of the companies that provides iCard Services is involved in any merger, acquisition, reorganization, sale of assets, transfer of portfolio, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred to a different legal person and/or becomes subject to a different privacy policy.
4. YOUR RIGHTS
You may exercise any of the rights described in this section before the Data Controller pursuant to the General Terms and Conditions for iCard by sending an email from your e-mail registered for iCard Service to iCard AD. 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.
4.1 Managing Your Information.
You have the right to obtain the following:
4.2 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 iCard Account).
4.3 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.
4.4 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 iCard Service to you, you can request that we erase your personal information and close your iCard 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. Since the Data Controller is a regulated E-money institution the 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. Please note that if you request the erasure of your personal information:
4.5 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.
4.6 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 since the Data Controller is a regulated E-money institution, Data Controller is 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.
4.7 Lodging Complaints.
4.7.1 You should in first place try to resolve the matter by sending an e-mail to the Data Controller under this Privacy Policy from your registered e-mail for the Service:
4.7.2 Competent Regulator. In case you are not satisfied with the reply or resolution of the 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.
5. OPERATING GLOBALLY
To facilitate our global operations we may be required to transfer, store, and process your information within our family of companies or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.
6. INTERNATIONAL TRANSFERS
6.1 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.
6.2 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.
7. SECURITY
We take the responsibility to ensure that your personal information is secure, kept in an encrypted from 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 iCard Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your iCard 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.
8. Can Children Use Our Services?
iCard Service is not designed for 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 iCard 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.
9. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on iCard Platform. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of iCard Platform will be subject to the revised Privacy Policy.
10. CONTACT US
If you have any questions or complaints about this Privacy Policy or our information handling practices, you may email us from your registered e-mail for the Services to the e-mails stated above in Section 4.