APS always monitors legal updates and complies with all the laws governing the activities of financial institutions, anti-money laundering laws and laws against financing of terrorism, as well as European laws and directives related to data privacy. In accordance with the enactment of the General Data Protection Directive (GDPR), APS has undertaken appropriate measures as described herein.

From the 25th of May, APS adheres to a set of core privacy principles. These principles apply to all persons and organizations whose personal data we hold. We focus, in particular, on the following core principles:

• APS’s principles and practices should be transparent. Our Clients should understand what personal data APS collect, for what purposes personal data are collected, how personal data are stored and what our privacy principles mean.
• APS guarantees safety and control of Clients’ personal information and grants our Clients the choice to decide about their personal data.
• APS’s main principle is to protect and keep personal and financial data secure. APS ensures that appropriate security standards are maintained, and Clients’ personal data are protected.
• Being a licensed electronic money issuer, APS collects personal data to provide payment services. Personal data are primarily used to prevent frauds and suspicious transactions and to respect local and international laws on preventing money laundering and financing of terrorism.

Our Privacy Policy consists of the following articles:

1. APS business and legal information

APS is a payment system operated by Alternative Payment Solutions s.r.o., a company based in the Czech Republic (EU member state). Alternative Payment Solutions s.r.o. operates under a Electronic money issuer license issued by the Czech National Bank.

The full legal information about Alternative Payment Solutions s.r.o. is the following:

Alternative Payment Solutions s.r.o.
Company number: 05539323
Address: Ječná 2093/32A, Nové Město (Praha 2), 120 00 Praha
Email: info@oxtransfer.com

The purpose of this Privacy Policy is to give APS’s clients information on how APS collects and processes any personal data when our Clients use the website or register in the payment system APS. This includes all spheres of interaction with our clients, including our website, business relations and provision of payment services.

Under Directive 95/46/EC (General Data Protection Regulation), APS is a data controller and therefore is responsible for the use of personal data in a secure manner in compliance with the applicable law and in accordance to the agreement between APS and its Clients. Please read this Privacy Policy and the additional information related to the services offered by APS. In case of any questions, please contact us at the e-mail address indicated below.

2. Definition of personal data. Which data APS collects about its Clients

Personal data is any information of personal nature which identifies an individual. Personal data do not include data where an individual cannot be identified from the data (anonymised). APS collects, uses, processes, stores, or transfers personal data such as:

• Identity Data. These data include full name(s), date of birth, government-issued identity number, date of birth, number and series of any identity documents. APS uses these data particularly for identifying its Clients, in order to provide them with payment services and to prevent money laundering (ML) or financing of terrorism (FT).
• Contact Data. These are data used to contact Clients, such as telephone number, address, email, and billing details. These data are also used for two-step identification of the Client to prevent any risks related to ML or FT.
• Financial Data. These data include bank account number, payment card details and other related financial data. They are also used for the control and identification of the Client to prevent any risks related to ML or FT.
• Payments Details: While onboarding Clients owning a business (which means a business using one or more of our payment services) or a Customer, this includes information relating to a payment when using our products or services.
• Technical and Access Data. These are data such as Internet usage information, Internet Protocol address (“IP Address”), login data, unique user ID, version of software installed, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that the Client accesses on the Website or Platform, and the dates and times that the Client visits the Website or Platform, paths taken, and time spent on sites and pages on the Website or Platform.
• Marketing and Communications Data: These data include both the record of the Client’s decision to subscribe for or unsubscribe from marketing materials from APS or its third parties.

The detailed scope of personal data required for using particular service rendered by APS can be found in the terms and conditions of APS service that are available on the website oxtransfer.cz

APS does not collect, store or process any special categories of personal data about its Clients (race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health, genetic and biometric data).

To the extent that APS’s website includes links to third-party websites, plug-ins and applications (including cookies and widgets by third-party advertisers), by submitting the Privacy Policy, the Client should understand that by clicking on such links or enabling such connections the Client may allow third parties to collect or share his personal data. APS has no control over third-party websites and has no impact on their privacy policy.

3. How personal data are collected in APS

Being an Electronic money issuer and having obligations regarding the prevention of ML and FT, APS collects data, including personal data, so as to be able to provide its services and products to the Clients. APS only collects personal data necessary to operate the payment system and provide its payment services:

• APS is legally required to authenticate and validate payments to mitigate and protect against identity theft or fraud, money laundering and financing of terrorism. To do this, some of the Client’s personal and non-personal data may be collected by APS directly or delivered to APS by Merchants or Customers, and APS will use these personal data to enter into the fraud systems available for such validation and will remain there for future reference and cross-reference of information required to validate the payments.
• To verify the Client’s identity and compare the Client’s information to verify accuracy.
• To save the Client’s data, if the Client exerts his right of refusal of purchases made or that the same are the subject of dispute or chargeback, in order to share the information on the transaction and, if required, the Client’s personal information with financial institutions for resolving disputes.

Being obliged by the law and by the terms and conditions (contracts) with the Clients, APS will not be able to register, authorize and approve the Client’s registration in the payment system until we have received the data we requested.

APS collects information in different ways on its websites, namely when the Client provides his personal data directly to APS. This includes:

APS does not collect, store or process any special categories of personal data about its Clients (race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health, genetic and biometric data).

• submitting the Client’s details to APS’s website so that APS employees can contact the Client about services and products;
• applying for APS products or services directly on the webpages or via e-mail or through APS’s appointed suppliers (such as marketplaces);
• Entering a competition, promotion or survey;
• Requesting marketing materials for further use;
• sending support requests to APS’s support desk.

APS collects data using various technologies when the Client accesses and browses APS’s websites. These are Usage and Technical Data. APS has its Cookies Privacy Policy, which is a part of APS’s General Privacy Policy.

Moreover, APS obtains personal data through third parties or if publicly available, namely as follows:

• Merchants and operators of marketplaces who provide APS with personal data for the purposes of rendering payment services that the Client has chosen on a website operated by the Merchants or marketplaces;
• Profile Data from social platforms and networks when the Client gives APS the permission to do so and only if applicable;
• Technical Data for the purposes of fraud and risk prevention;
• Identity Data and Contact Data from publicly available sources in compliance with the applicable laws.

4. How personal data are used by APS’s responsible employees

Being an Electronic money issuer and having obligations regarding the prevention of ML and FT, APS collects data, including personal data, so as to be able to provide its services and products to the Clients. APS only collects personal data necessary to operate the payment system and provide its payment services:

• The main and primary purpose for which APS uses personal data is to provide payment services, including ensuring proper quality of the service the Client has ordered from APS (depending on the type of Client). In addition to this, APS uses Clients’ personal data in the following cases:
• Where it is necessary for APS’s legitimate interests or the legitimate interests of a third party and where such interests override the Client’s interests;
• Where APS uses personal data to comply with its legal obligations – for example, for preventing of ML and FT and also other legal requirements resulting from the payment services act and other laws applicable to electronic money issuer;
• Personal data are used with the Client’s active and informed consent. The Client is entitled to withdraw his consent, if it is not required to comply with legal obligations;
• o enable APS to effectively communicate with its Clients, namely to send emails to inform Clients about payment products or services, update applicable security and fraud monitoring alerts, or notices, if there is any breach of services or other important notices related to APS’s services and products.

To improve products or services, APS may use automatic tools, including profiling, automated analysis of Clients’ personal data for the following purposes:

• To conduct the KYC procedure required by the applicable law, which includes thorough risk assessment procedures in order to authenticate and authorize the Client;
• To authenticate and validate payments to mitigate and protect against identity theft or fraud as required by the applicable law.

APS collects and uses personal data to provide its Payment services:

• To conclude and execute the contract between APS and its Clients, to guarantee payment services and open a payment account in APS payment system;
• To process the payment transaction that the Client has ordered using APS services and to notify the Client of the status of this payment. The types of personal data and the legal basis depend on the specific payment methods available in APS payment system;
• To conduct KYC and risk assessment procedures in order to authenticate and authorise the Client and his access to APS services. The type of Data required is Identity Data, Contact Data and Financial Data. This is necessary in order for APS to assess the Client‘s application to receive services and products from APS under the contract and necessary for APS’s legal obligations;
• To protect APS payment system and business processes and to ensure compliance with the law and the regulations for financial institutions. The types of personal data may include Identity Data and Transactional Data;
• To manage APS’s relationships with the Client. This includes notifying the Client of changes in the Contract, Terms of Service or this Privacy Policy, or to ask the Client to provide information on how APS can improve or develop new services or products;
• To provide the Client with service assistance and problem solutions or to contact the Client, or to send the Client a notification related specifically to the services APS offers, such as failures and system updates;
• To inform the Client of the status and history of transactions that is required from APS as an electronic money issuer under the payment services act;
• To issue and store invoices and accounting documents;
• To use the Client’s personal data in transactional or monitoring reports as a part of APS’s performance of the contract;
• To use the Client’s personal information for internal purposes, such as audits, reporting, data analysis or data mining, research for improving products or developing new ones, services and communications;
• To use data analytics to improve websites, products or services, marketing and experiences. This can be Technical and Access Data which will be used for the analysis of APS and the development or improvement of products and/or services, or for the provision of promotions or benefits, which can improve Clients’ interaction and use of APS and/or future development.

5. Disclosure and sharing of Clients’ personal data with other institutions

While operating with personal data of the Clients, APS shares such data with:

• Internal Third Parties – responsible employees of APS staff and specific third parties, such as groups of companies providing marketing support, IT support and development, finance and compliance support, and ML/FT services.
• External Third Parties:
  - Merchants, in accordance with Service Agreements and terms and conditions;
  - Merchants, in accordance with Service Agreements and terms and conditions;
  - Merchants, in accordance with Service Agreements and terms and conditions;

In any case of law enforcement, court order, National Bank inquiry, Financial Arbitrator inquiry or any other similar legal procedure, APS shall take all reasonable organizational and technical measures to ensure that every third party involved in the processing of the Client’s personal data uses protection standards in accordance with the applicable laws and in accordance with the principles set out in this Privacy Policy.

6. Marketing

Providing numerous payment solutions and services, APS sends marketing notifications and messages. APS sends marketing notifications and messages only if the Client has subscribed for services or products from APS. The Client will also receive marketing communications from APS, if he has entered into a promotional competition, promotional offer or survey, where APS requests its Clients to provide Contact Details in order to enter or partake in the survey. In each case, APS keeps a register of marketing communications data used by APS, and each Client is entitled at any time to unsubscribe from receiving such marketing notifications by clicking on the unsubscribe link provided in such APS marketing communications. APS may also use Marketing and Communications Data in order to improve and customize the content of ads and promotions that may be of interest to the Client.

7. International data transfers

APS does not share personal data of its Clients with third parties, excluding parties which are parts of APS’s legal obligations and third parties under contractual relations when transferring of personal data is made to provide payment services. The transfer is necessary to perform and comply with the provision of our Services or to meet other operational needs of the business or in development of some of the purposes set forth in this Privacy Policy. Whenever APS transfers personal data to third parties, the Client can be assured that there is a similar level of protection of his data as by APS.

DATA RETENTION

APS may store Clients’ personal data for as long as required for the fulfilment of the purposes APS collected them for. The retention of data by APS is determined by considering compliance with legal (contractual or statutory requirements), accounting and compliance reporting requirements. APS also takes into consideration the temporary limits established in the commercial or data privacy laws in the different countries in which APS provides its services.

8. Clients’ rights related to personal data

Any Client can claim his rights specified in the applicable law. APS guarantees the following rights related to personal data protection: es its services.

• The right of access to the Client’s personal data. Every individual in contractual relationships with APS has the right to ask for information about his personal data being processed by APS.
• The right to correct or change the Client’s personal data. Any inaccurate personal data should be corrected by amendments sent from the Client.
• The right to erase the Client’s personal data. On demand of the Client, APS will erase personal data of the Client, excluding those data, which are to be stored under legal obligations.
• The right to restrict the processing of the Client’s personal data. On the Client’s demand, APS can mark certain personal data as restricted for processing in certain circumstances.
• The right to data portability. On the Client’s demand, APS can transmit the Client’s personal data provided to APS to another data controller.
• The right to automated individual decision-making, including profiling.
• The right to object to direct marketing.

9. Security and storage of personal data

APS takes legal, technical and organizational measures that it considers necessary in order to maintain the security of Clients’ personal data, with due observance of the applicable obligations and exceptions under the legislation in force. APS follows the payments industry’s standards regarding the protection of personal data, including, among other measures, standard options of transparent encryption (Transparent Data Encryption) of databases. All data related to personal data of the Clients are encrypted by AES 256 algorithm with a cryptoperiod of 1 year. The encryption key is encrypted by the standard X.509, with a key length of 2048 bits and a 1 year-long cryptoperiod. A private key is divided between only a few employees of APS under the Shamir scheme, so that none of the employees has separate access to the data independently from other employees. The access to the informational infrastructure is safe under the PCI DSS standard.

APS reviews its policy regarding the collection, storage and processing of Clients’ personal data, including physical security measures, to prevent adulteration, loss, query, use or fraudulent or unauthorized access to Clients’ personal information. APS has installed process procedures to deal with any suspected personal data breach and will notify its Clients and any applicable regulator of a breach where APS is legally required to do so.

10. Minors

APS does not voluntarily or actively collect, use or disclose personal data of minors, according to the minimum age equivalent in the relevant jurisdiction, without the prior consent of the parents or guardians of the minor.

The services of APS are not intended or designed to attract minors.

If in some reason a APS employee understands or finds out that APS has collected personal information of a minor according to the jurisdiction, without first receiving any verifiable parental consent, APS will take steps to delete the information as soon as possible.

11. The right to raise a complaint

Every Client has the right to raise a complaint about APS’s processing and storing of personal data with the data protection regulator in the Client’s jurisdiction.

Every Client has the right to withdraw the consent to processing of personal data that the Client has given to APS and prevent further processing, if there is no other legitimate ground upon which APS can process the Client’s personal data.

If any complaint or claim regarding personal data or the need of their withdrawal appears, please contact us at the email address indicated below.

To raise a complaint, withdraw the consent or make any other changes to personal data, please fill in the application below and send it to the email address: aj@apsdata.net