Política de confidencialidade

Last Updated: 25.08.2018

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 GiftCard Product.

If you see an undefined term in this Privacy Policy (such as “E-money” or “GiftCard”), it has the same definition as in our GIFTCARD GENERAL TERMS AND CONDITIONS, regulating the GiftCard Product to all of which this Privacy Policy is inseparable part.

When this policy mentions “we,” “us,” or “our,” it refers to iCard AD, Company number 175325806, Registered office James Boucher 76A, Sofia, Bulgaria, that is responsible for your information under this Privacy Policy (the “Data Controller”).

For the purposes of this documents GiftCard Products consist of products, services, content, features, technologies, or functions, and all related websites, applications 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 GiftCard Product and all functionalities, included in the Product, including our website https://www.GiftCards.eu (hereinafter: "Website"), E-money account and Cards.

GiftCard Product is also designed for business purposes and may be used both by individuals or entities. In case you are registering for and/or using our GiftCard Product 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.

Please see Section 4.7 for contact details of the Data Controller

Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Policy.

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 Products 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 GiftCard Products As Part Of Our Contract With You

We may ask for and collect from you the following personal information when you use the GiftCard Product.

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 the GiftCard Product.

Registration and Use of Account Information. When you sign up for GiftCard Product, we may require certain personal information such as:
o First name and surname
o Email address
o Nationality
o Registered address
o Mobile telephone number
o Identification document and all data from the identification document
o Type of identification document
o Issue date
o ID number
o Issuing authority

And other data which we may choose to collect in our enrol forms on our Website, which is necessary for your identification and verification.

GiftCard issuing at front offices and Agents. When you purchase the GiftCard Product at our Front office and at our Agents, we require certain personal information such as:
o First name and surname
o Date of birth
o Place of birth
o Email address
o Nationality
o Registered address
o Mobile telephone number
o Identification document and all data from the identification document
o Type of identification document
o Issue date
o ID number
o Issuing authority

And other data which we may choose to collect at our Front offices and Agents.

Identity Verification Information. In accordance with our legal obligations under the relevant Anti-money laundering and anti-terrorism financing regulations, we are obliged to verify your identity or the identity of the authorized user who is opening the Account (in case of company or other entity, referred to as “user opening the Account”).

We comply with this legal obligation by any means permissible and in compliance with applicable AML laws. Anti-money laundering and anti-terrorism financing measures that we may apply are (non-exhaustively):
- copy of ID Card of natural persons, including persons opening the account (in case of entities)
- Verification of permanent address through sending GiftCards at said address
- Declaration for Ultimate beneficial owners, in case of entities.
- Information regarding corporate structure and ownership, representatives and other similar data, in case of entities.

Tax information. In order to comply with CRS/FATCA regulations, we are required to collect your Tax Identification Number (“TIN”), Country of Tax Residence and status (active or passive business). We might be required to disclose this information to its supervising tax authorities.

Risk and Fraud related information. In order to comply with relevant Anti-money laundering and anti-terrorism financing regulations we collect personal data regarding you, such as demographic data or fraud detection information, from third party Product providers and/or partners, and combine it with information we have about you.

Source of income, annual estimate over the account, business activity details. In order to comply with relevant Anti-money laundering and anti-terrorism financing regulations we collect personal data regarding you related to your sources of income and any other similar financial information about you which would help us prevent money laundering and/or terrorism financing.

Payment Card-related information. We collect information about your payment cards, which we have issued to you. The information may be as follows: address of delivery of card, card number (PAN), issue date, expiry date, IBAN or other payment account identifier to which card is linked to, currency, card transaction data, spending limits, expired cards’ details, SMS or other communication which the cardholder has received or has initiated with us, card status history, date of activation.

Log data and device information. We automatically collect log data and device information when you access and use the GiftCard Website, even if you have not created a GiftCard Account or logged in. That information includes, among other things: details about how you’ve used the GiftCard Website (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the GiftCard Website. We collect this information in relation to our legal obligation to provide you with secure methods of controlling your financial assets and your personal data.

Payment Transaction Information. We collect information related to your payment transactions under GiftCard Product for example when you make purchases from merchants, or you receive payments or in case we process payments executed by you.

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 GiftCard Product.

Participant information – When you use our GiftCard Product, we collect Personal Data you provide us about the other participants associated with the transaction. Particular payment transaction information may include:
o Issuing of GiftCards for third-parties: When you request the issuing of a GiftCard Product for a third-party, we collect Personal Data such as name, postal address, e-mail, telephone number about the person who going to be the beneficiary of the issued GiftCard. The extent of Personal Data required about a participant may vary depending on the Products you are using to send or request money.
o Money transfers to or from other Financial institutions: If you use GiftCard functionalities to transfer money to accounts held with other Financial institutions we may collect personal data from you about the other party, or from the other party about you to facilitate the payment transaction, or provide the other Financial institutions with your Identity verification information. This is our obligation under Regulation 2015/847.

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 GiftCard. This additional information will be processed based on your consent.

• Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your GiftCard Account, respond to surveys, participate in promotions, or use other features of the GiftCard Product.

1.3 Information We Collect from Your Use of the GiftCard Product.

When you use the GiftCard Product, we may collect information, including personal information, about the Products 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 GiftCard Product.

Geo-location Information. When you use certain features of the GiftCard Website, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location Products for applications in the device’s settings menu. We may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions. The legitimate interests that we pursue with this processing is the identification of location-specific problems (i.e. coverage problems for SMS-sending purposes) and other statistical information, which helps us improve our Products.

Usage Information. We collect information about your interactions with GiftCard Product such as your usage of any Website Functionalities, and other interactions with GiftCard Product. The legitimate interests that we pursue with this processing is collection of reports and other statistical information, which helps us improve our Products.

Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on GiftCard Product, or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, GiftCard Website currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted. For more information on our use of these technologies, see our Cookie Policy.

Please be advised that when you use GiftCard Product, 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 GiftCard Product, create and maintain a secure environment, pursue our legitimate interests and comply with our legal obligations.

2.1 Providing e-money and payment Products.

We process this information given our legitimate interest in improving the GiftCard Product 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 GiftCard Product and GiftCard Website.

We process this information given our legitimate interest in improving the GiftCard Product, 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 GiftCard Product, 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 Products 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. WITH WHOM DO WE SHARE PERSONAL DATA

3.1. With other members of 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 Products 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 our Products and communications.

3.2. With third part Product providers: We may share personal information with third party Product providers that support us in providing GiftCard Product, and/or Website with functions at our decision and our behalf.

These third-party Product 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 Payment Services 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 GiftCard Products, merchants and their 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 Product providers when you use the Products to pay for goods or Products. 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.

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 Products. This data will not personally identify you or provide information about your use of GiftCard Product. We do not share your Personal Data with third parties for their marketing purposes without your consent.

3.5. 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.

3.6 Monitoring

We may monitor or record telephone calls, emails, web chat or other communications with you for regulatory, security, customer support or training purposes. When visiting our or our Agent’s offices, CCTV, access control systems and/or other monitoring systems may be in operation.

3.8 Business Transfers.

If any of the companies that provides GiftCard Products 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 by sending an email from your e-mail registered for GiftCard Product to iCard. 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 GiftCard 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 GiftCard Product to you, you can request that we erase your personal information and close your GiftCard 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 Product. Since the Data Controller is a regulated E-money institution, 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 the Data Controller is a regulated E-money institution and 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 functionalities of the GiftCard Products.

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 tothe 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

4.7.2 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 authorities.

You have the right to file a complaint with the Data Controller’s lead supervisory authority, the Commission for Protection of Personal Data, Bulgaria:

Address:
Sofia 1592
2 Prof. Tsvetan Lazarov blvd.
Tel: 02 91 53 518
e-mail: kzld@cpdp.bg

5. OPERATING GLOBALLY

To facilitate our global operations we may transfer, store, and process your information within our family of companies or with Product 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 Product providers outside the EEA in absence of an adequacy decision, we have - prior to sharing your information with such corporate affiliate or third-party Product 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 Products to you.

If you know or have reason to believe that your GiftCard Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your GiftCard Account, please contact us following the instructions in the Contact Us section below. While we are dedicated to securing our systems and Products, 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 Products?

GiftCard Products are 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 GiftCard Products. 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 GiftCard Website. 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 GiftCard Products 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 Products to the e-mails stated above in Section 4.

Social Media Privacy Notice - Facebook   Instagram