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User Agreement

Introduction

This User Agreement constitutes a legal agreement (“Agreement”) between you, the Organization (which in this document also includes “you” or “your”), of which the details are included on the registration page under ‘business information’, and Asiabill EU Company Limited (doing business as “Asiabill EU”, which in this document also includes “Asiabill EU”, “we”, “us” or “our”). In this Agreement you and we are referred to jointly as Parties. This Agreement consists of nine (9) sections, namely A through I. The main subjects in each section are:
A. General Terms
B. Scope of the Agreement and position of Asiabill EU;
C. Registration with Asiabill EU;
D. Services provided by Asiabill EU;
E. Your obligations;
F. Payments and balances;
G. Security and confidentiality;
H. Privacy;
I. Final stipulations.

Definitions

In this Agreement, the following terms mean:

Account The account held with Asiabill EU in the name of the Organization for which the Organization or for which Asiabill EU, among other things, enables one or more Payment Methods, records Transactions, and updates balances.
Agreement This User Agreement, which constitutes a legal agreement between you and Asiabill EU;
Dashboard A web page made available to the Organization by Asiabill EU via an access code, by which the Organization can view data recorded by Asiabill EU on historical Transactions, and where settings relating to the services provided by Asiabill EU to the Organization can be changed.
Mark(s) Logos, trademarks, trade names, slogans or other indications of ownership;
Asiabill EU Asiabill EU Company Limited with offices at Golden Cross House, 8 Duncannon Street, London, United Kingdom, WC2N 4JF. Asiabill EU held a license of Payment Institution and is as such under the supervision of the Financial Conduct Authority UK.
Organization The organization that aims to use the Payment Module of Asiabill EU for purposes including, but not limited to, the sale of products and/or services to Customers;
Parties The Organization as well as Asiabill EU;
Party The Organization or Asiabill EU;
Payment Information All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module.
All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module.
Payment Method The way a customer wishes to compensate the Organization for the goods or services delivered or to be delivered. This payment method must be offered by Asiabill EU (to the specific organization), by the organization to its customer, and resulting transactions must be processed by the Payment Module.
Fine Fines, levies, or other charges imposed by us, a Payment Method Provider or a Payment Method Acquirer, caused by your violation of Laws or this Agreement, or as permitted by the applicable Payment Method Rules.
Refund Undoing a transaction, or a request to that effect, made by a Financial Institution or a Customer of a Financial Institution. Depending on the Payment Method used, such a refund often has its own name, such as Reversal (in case of collection) or Chargeback (in case of credit cards).
Reversal Instruction initiated by a Payment Method Provider, a Payment Method Acquirer or us to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a Payment Method Provider or a Payment Method Acquirer; (ii) funds settled to you in error or without authorization; and (iii) submission of a Charge in violation of the applicable Payment Method Rules, or where submission of the Charge or your use of Payment Processing Services violates this Agreement.
Transaction(s) Orders given via the Website of the Organization by one or more Customers for payment by the Customer(s) for products and services of the Organization, which order is presented for processing to one or more Financial Institutions by using the Payment Module.

Section A: General Terms

Scope of the Agreement and Position of Asiabill EU

Registration with Asiabill EU

Services Provided by Asiabill EU

Your Obligations

Payments and Balances

Security and Confidentiality

Privacy

Final Stipulations

Privacy Statement

As a payment technology institution, Asiabill EU processes large amounts of data from our customers, who are using the services provided by Asiabill EU, and our customers’ customers (consumers). Both the customer and the consumer are invaluable to Asiabill EU. Therefore it is extremely important to Asiabill EU to ensure careful and secure processing of our customers’ and consumers’ data, in particular their personal data.
Through this Privacy Statement, Asiabill EU (“Asiabill EU”, “we”, “our”, “us”) informs you about the way in which Asiabill EU processes personal data of (potential) customers, business partners, consumers and website users. At Asiabill EU, we value your privacy. If you have any questions regarding our use of your personal data, you can reach out to us via the contact details provided at the bottom of this Privacy Statement.
Please read our Privacy Statement to understand how we process your personal data.
1. Who is Asiabill EU?
2. Asiabill EU’s responsibilities
3. What personal data does Asiabill EU process?
4. Does Asiabill EU process sensitive personal data?
5. Where does Asiabill EU collect and use your personal data for?
6. How long does Asiabill EU keep your personal data?
7. How does Asiabill EU secure your personal data?
8. Does Asiabill EU share your personal data with third parties?
9. Does Asiabill EU use cookies?
10. What rights do you have?
11. How can you contact Asiabill EU?

1. Who is Asiabill EU?

Asiabill EU is a payment service provider that offers her customers (for instance webshops) the possibility to accept online payments from their consumers (payers). Asiabill EU is supervised by the Hong Kong Customs and Excise Departmentas a regulated payment service provider under Hong Kong law. Via Asiabill EU, a customer can give its consumers the choice between different payment methods, such as bank transfer, credit card, afterpay and other payment methods. You could come into contact with Asiabill EU if you have a webshop or want to use Asiabill EU’s services for other reasons, if you have paid via a webshop or website that uses Asiabill EU’s services.
More information about Asiabill EU can be found on the About Asiabill EU page.

2. Asiabill EU’s responsibilities

For all activities and purposes mentioned in this Privacy Statement, Asiabill EU acts as the controller as referred to in the EU General Data Protection Regulation 2016/679 (GDPR). Asiabill EU acts in this position that:
  • Determines which personal data must be processed for the correct execution of a payment;
  • Determines for which other purposes the personal data may be processed as long as these purposes are in accordance with the purpose for which the personal data were obtained by Asiabill EU;
  • Has to comply with legal obligations, for example under the Hong Kong Customs and Excise Department, the Hong Kong Money Laundering and Terrorist Financing (Prevention) Act.; and
  • Has drawn up its own general terms and conditions that are directly applicable to the customer and the consumer.

3. What personal data does Asiabill EU process?

Asiabill EU processes your personal data because you use Asiabill EU’s services and/or because you provide personal data to Asiabill EU yourself. An overview of the personal data processed by Asiabill EU, depending on the product or service you use and in what capacity, is provided below.
Customer
Please note that in principle, we process data about your business. Business information is not considered personal data. However, if you act as a sole trader, (some of) your business information may be qualified as personal data. Therefore, the data listed below is personal data we will process from you (especially information about the legal representatives of your company). If you use Asiabill EU’s services as a customer, the following personal data are processed:
  • Your first and last name;
  • Your date of birth;
  • Your place of birth;
  • Your address details;
  • Your telephone number;
  • Your email address;
  • Your IP address;
  • Your internet browser and device type;
  • Your ID document details (if you are the legal representative);
  • Other personal data that you actively provide, for example by creating a personal environment on our website, in written correspondence and via telephone.
Consumer
If you use Asiabill EU’s services as a consumer, the following personal data are processed:
  • Your payment details (e.g. bank account number or credit card number);
  • Your IP address;
  • Your internet browser and device type;
  • In some cases, your first and last name;
  • In some cases, your address details;
  • In some cases, your e-mail address and/or telephone number;
  • In some cases, information about the product or service that you have purchased from our customer;
  • Other personal data that you actively provide, for example in written correspondence or via telephone when you contact our customer service.
The cases in which we might process your personal data but don’t always necessarily do so, might depend on for example the payment method you use, the API’s our customers use and whether you as consumer contact our customer service.
Business Partner
If you are our business partner, the following personal data are processed:
  • Your first and last name;
  • Your telephone number;
  • Your email address;
  • In some cases and depending on the relationship, your ID document details;
  • Other personal data that you actively provide, for example in correspondence via e-mail and telephone.

4. Does Asiabill EU process sensitive personal data?

Asiabill EU’s websites, services and products are not aimed at activities that require special categories of personal data to be processed. Asiabill EU therefore requests that you do not provide any of such information. Furthermore, Asiabill EU has no intentions at all of collecting personal data about website users who are minors, even if they have permission from their parents or guardians. Unfortunately, Asiabill EU cannot check whether a website user is a minor and therefore Asiabill EU advises parents or guardians to be involved in their children’s online activities in order to prevent minors’ data from being processed by Asiabill EU.

5. Where does Asiabill EU collect and use your personal data for?

If you (apply to) use Asiabill EU’s services as a customer, your personal data are processed for the following purposes:
  • To assess your application;
  • To draft and perform the agreement;
  • To process payments;
  • To send information about your product or service and updates and/or changes to it;
  • To contact you in relation to your experience with our products and services and to inform you of other new or relevant Asiabill EU products or services;
  • To perform analyses for statistical and scientific purposes;
  • To record evidence (if necessary);
  • To provide support (such as via e-mail and phone);
  • To ensure the safety and integrity of the financial sector, for example by identifying, investigating, preventing and actively countering (attempted) criminal/illegal conduct;
  • To comply with legal obligations as a financial institution, for example under the supervision of Guideline on Anti-Money Laundering and Counter-Financing of Terrorism and United Nations Sanctions Ordinance (UNSO);
If you use Asiabill EU’s services as a business partner, your personal data are processed for the following purposes:
  • To draft and perform the partnership agreement;
  • To contact you in relation to your experience with our products and services and to inform you of other new or relevant Asiabill EU products or services;
  • To perform analyses for analytical and statistical purposes;
  • To train and assess Asiabill EU employees;
  • To record evidence (if necessary);
  • To provide support (such as via e-mail and phone);
  • To ensure the safety and integrity of the financial sector, for example by identifying, investigating, preventing and actively countering (attempted) criminal/illegal conduct;
  • To comply with legal obligations as a financial institution, for example under the Hong Kong Financial Supervision Act (Hong Kong Customs and Excise Department) and the Hong Kong Money Laundering and Terrorist Financing (Prevention) Act.
If you use Asiabill EU’s services as a consumer (payer), your personal data are processed for the following purposes:
  • To process payments;
  • To perform analyses for statistical and scientific purposes;
  • To train and assess Asiabill EU employees;
  • To record evidence (if necessary);
  • To provide support (such as via e-mail and phone);
  • To ensure the safety and integrity of the financial sector, for example by identifying, investigating, preventing and actively countering (attempted) criminal/illegal conduct;
  • To comply with legal obligations as a financial institution, for example under the Hong Kong Customs and Excise Department and the Hong Kong Money Laundering and Terrorist Financing (Prevention) Act.
Asiabill EU processes personal data for the purposes listed above based on your consent, for the performance of a contract, based on legal obligations, performance of tasks in the public interest and to pursue legitimate business interests. If Asiabill EU wants to process your personal data for other purposes than described above, Asiabill EU will only do so when we obtain your consent or when we have legitimate interests, if legally required. You can withdraw your consent at any time without giving reasons, or object to the processing of your personal data when we do so based on legitimate interest. Please note that withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent. You can withdraw your consent via the unsubscribe link in our e-mails, if applicable. Otherwise you can send your request to withdraw your consent to privacy@Asiabill EU.com. If, as our customer, you withdraw your consent for marketing related purposes, we may still contact you regarding product functionality or updates, security updates, responses to customer support requests or other transactional, non-marketing/administrative related purposes.

6. How long does Asiabill EU keep your personal data?

Asiabill EU will not retain your personal data longer than the mandatory statutory period or, if such a mandatory statutory period does not apply, no longer than is strictly necessary for the realisation of the purposes for which your personal data were obtained. For example, the personal data that Asiabill EU receives relating to the assessment of your application as a customer, the preparation and performance of the agreement and the processing of payments, will not be kept longer than five years after rejection of your application or the termination of the agreement. This period has been determined in the Hong Kong Money Laundering and Terrorist Financing (Prevention) Act.

7. How does Asiabill EU secure your personal data?

The protection of your personal data is very important to Asiabill EU. Asiabill EU has therefore taken various technical and organisational security measures to protect your data and to comply with applicable laws and regulations. Asiabill EU uses, for example, network segmentation, techniques such as firewalls, anti-DDoS systems and file integrity monitoring, strong authentication, encrypted transfer of information, monitoring and alerting, and industry best practices for adequate encryption and system configuration.
Furthermore, organisational measures include role separation, least-privilege principles, personnel screening, strict procedures for managing adjustments, incidents, vulnerabilities and suppliers, and continuous training of our staff. The functionality of our security measures is tested periodically.

8. Does Asiabill EU share your personal data with third parties?

Processors Asiabill EU shares your personal data with third parties if this is necessary to provide our products and services. When third parties will process your personal data on our behalf and under our strict instructions, those third parties act as so-called processors.
Asiabill EU concludes a data processing agreement with processors. This way, Asiabill EU ensures that your personal data are always processed in a careful manner, protected with at least the same level of security we maintain and that the confidentiality of your personal data is guaranteed. Asiabill EU nevertheless remains fully responsible for these processing operations and will therefore take all reasonable administrative, technical and physical measures to protect your personal data against unauthorised access, unintentional loss or alteration.

(Joint) Controllers In those cases Asiabill EU has concluded agreements in order to guarantee a thorough protection of your personal data where this is desirable or where required (namely where both parties acties as joint controllers). If your personal data will be shared with third parties for purposes other than those described above, Asiabill EU will only do so when legally permitted or after we have obtained your consent.

Cross-border data transfers When providing our services, your personal data may in some cases be processed by third parties (as processor, as joint or independent controller) outside Hong Kong. If your personal data is processed outside Hong Kong. Asiabill EU ensures that i) the correct contract is concluded with regard to data processing (processor agreement, joint controller agreement or controller-controller provisions if desired), and ii) an appropriate transfer mechanism is in place. In this way Asiabill EU ensures that your personal data is always secured at at least the same level and that the confidentiality of your personal data is guaranteed.

9. Does Asiabill EU use cookies?

Asiabill EU uses functional, analytical and marketing cookies. A cookie is a small text file that is stored in the browser of your device such as a computer, tablet or smartphone when you first visit Asiabill EU’s websites. On the one hand, Asiabill EU uses cookies with a purely technical functionality. These cookies ensure that the website works properly and, for example, remembers your preferred settings, so that Asiabill EU is able to optimize the websites. On the other hand, Asiabill EU uses cookies that keep track of your browsing behavior so that Asiabill EU can offer you tailor-made content and advertisements. Some cookies on Asiabill EU’s websites are placed by third parties, for example advertisers and/or social media companies.

10. What rights do you have?

You have the right to access, correct, erase, restrict, transfer, or object to the personal data that Asiabill EU processes, unless Asiabill EU cannot execute these rights based on a legal obligation or whenever exceptions apply. For example, Asiabill EU is required to keep certain personal and payment data based on legal obligations (as stated under point 6), which means that we cannot always delete all of your personal data when you request so.
You can send your request to exercise your privacy right(s) to privacy@Asiabill EU.com. Asiabill EU prefers to establish that this request originates from you and that you are who you say you are. If we are not capable of verifying it is you directly, Asiabill EU may ask you to send a copy of your identification (i.e. a passport or identity card). Please make sure that in this copy your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and citizen service number (BSN) have been redacted to protect your privacy. Asiabill EU will then respond to your request as soon as possible, but in any case within one month after receipt, unless the request is of such excessive nature that we may extend that period with another 2 months.

11. How can you contact Asiabill EU?

If you have any questions regarding our use of your personal data, you can contact us via privacy@Asiabill EU.com.

Refunding payments

There may be occasions when you need to refund a payer. Just like trading in most brick-and-mortar shops, every time a sale is made there is an agreement between you and the payer. Generally speaking, when the payer agrees to pay for an item he/she has a right to assume that the product is not defective.

Refund policy

You should have a refund policy publicized on your website, and have procedures set up to deal with refunds in accordance with the card schemes.

Full and partial refunds

Full or partial refunds are made from the Transaction Page on the Merchant Interface. Refunds are made by using the Refunds button.
A partial refund may be made if a payer returns part of the original order, if you can supply only part of an order, or where goods are damaged. You may make several partial refunds up to the value of the original order.

When can a refund be made?

The system always displays the Refunds button for credit and debit card payments that are at the status of SUCCESS.
When you make a refund, we perform various checks to ensure that the financial institution accepts refund instructions and that the amount to be refunded is still available for that transaction. If it is, the refund request is scheduled and sent to the appropriate financial institution. Once a refund is processed, the payer receives the refund amount you requested. You should note that a refund may take as much as 3-6 weeks to be processed depending on the acquiring and issuing banks.
When you attempt to make a refund you may receive error messages, if you: - Do not have enough funds in your account. If necessary, please contact your customer support specialist for further assistance. You can also check your Refund Record to avoid failed attempts in refunding the transaction. - Try to refund more than the SUCCESS amount. You can also check for your Refundable Amount for the transaction account.

Refund payment statuses

There are two refund statuses for refunds that are displayed on the Merchant Interface.
- Reviewed and In-Processing. This means that the Payment Service has given the financial network the order to refund the money to the payer.
- SUCCESS. This means the financial network has reported back to us that they have received the order from Asiabill to refund the payer. Therefore, the payer will shortly receive or has received the refunded amount on the relevant card or account.