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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 Company Limited (also known as “MoneyCollect”, which in this document also includes “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 MoneyCollect;
C. Registration with MoneyCollect;
D. Services provided by MoneyCollect;
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 MoneyCollect in the name of the Organization for which the Organization or for which MoneyCollect, 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 MoneyCollect;
Dashboard A web page made available to the Organization by MoneyCollect via an access code, by which the Organization can view data recorded by MoneyCollect on historical Transactions, and where settings relating to the services provided by MoneyCollect to the Organization can be changed.
Mark(s) Logos, trademarks, trade names, slogans or other indications of ownership;
MoneyCollect Asiabill Company Limited, with offices at Suite 321, 3/F, Building 19W, 19 Science Park West Avenue, HKSTP, Shatin, N.T., Hong Kong SAR, which held a license as a Money Service Operator and is as such under the supervision of Hong Kong SAR Customs.
Organization The organization that aims to use the Payment Module of MoneyCollect for purposes including, but not limited to, the sale of products and/or services to Customers;
Parties The Organization as well as MoneyCollect;
Party The Organization or MoneyCollect;
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 MoneyCollect (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.

General Terms

Scope of the Agreement and Position of MoneyCollect

Registration with MoneyCollect

Services Provided by MoneyCollect

Your Obligations

Payments and Balances

Security and Confidentiality

Privacy

Final Stipulations

Privacy Statement

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

1. Who is MoneyCollect?

MoneyCollect is a payment service provider that offers her customers (for instance webshops) the possibility to accept online payments from their consumers (payers). MoneyCollect is supervised by the Hong Kong Customs and Excise Departmentas a regulated payment service provider under Hong Kong law. Via MoneyCollect, 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 MoneyCollect if you have a webshop or want to use MoneyCollect’s services for other reasons, if you have paid via a webshop or website that uses MoneyCollect’s services.
More information about MoneyCollect can be found on the About MoneyCollect page.

2. MoneyCollect’s responsibilities

For all activities and purposes mentioned in this Privacy Statement, MoneyCollect acts as the controller as referred to in the EU General Data Protection Regulation 2016/679 (GDPR). MoneyCollect 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 MoneyCollect;
  • 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 MoneyCollect process?

MoneyCollect processes your personal data because you use MoneyCollect’s services and/or because you provide personal data to MoneyCollect yourself. An overview of the personal data processed by MoneyCollect, 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 MoneyCollect’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 MoneyCollect’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 MoneyCollect process sensitive personal data?

MoneyCollect’s websites, services and products are not aimed at activities that require special categories of personal data to be processed. MoneyCollect therefore requests that you do not provide any of such information. Furthermore, MoneyCollect 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, MoneyCollect cannot check whether a website user is a minor and therefore MoneyCollect advises parents or guardians to be involved in their children’s online activities in order to prevent minors’ data from being processed by MoneyCollect.

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

If you (apply to) use MoneyCollect’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 MoneyCollect 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 MoneyCollect’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 MoneyCollect products or services;
  • To perform analyses for analytical and statistical purposes;
  • To train and assess MoneyCollect 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 MoneyCollect’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 MoneyCollect 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.
MoneyCollect 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 MoneyCollect wants to process your personal data for other purposes than described above, MoneyCollect 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 [email protected]. 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 MoneyCollect keep your personal data?

MoneyCollect 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 MoneyCollect 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 MoneyCollect secure your personal data?

The protection of your personal data is very important to MoneyCollect. MoneyCollect has therefore taken various technical and organisational security measures to protect your data and to comply with applicable laws and regulations. MoneyCollect 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 MoneyCollect share your personal data with third parties?

Processors MoneyCollect 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. <br>MoneyCollect concludes a data processing agreement with processors. This way, MoneyCollect 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. MoneyCollect 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 MoneyCollect 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, MoneyCollect 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. MoneyCollect 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 MoneyCollect 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 MoneyCollect use cookies?

MoneyCollect 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 MoneyCollect’s websites. On the one hand, MoneyCollect uses cookies with a purely technical functionality. These cookies ensure that the website works properly and, for example, remembers your preferred settings, so that MoneyCollect is able to optimize the websites. On the other hand, MoneyCollect uses cookies that keep track of your browsing behavior so that MoneyCollect can offer you tailor-made content and advertisements. Some cookies on MoneyCollect’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 MoneyCollect processes, unless MoneyCollect cannot execute these rights based on a legal obligation or whenever exceptions apply. For example, MoneyCollect 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 [email protected]. MoneyCollect 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, MoneyCollect 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. MoneyCollect 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 MoneyCollect?

If you have any questions regarding our use of your personal data, you can contact us via [email protected].

Restricted Businesses

Prohibited – we will not process for these products and services
Adult content and services Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; ; adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars, and strip clubs; sexually oriented dating services
Animals & Wildlife Live animals including insects, animal parts, blood, or fluids. Noxious weeds. Prohibited seeds. Plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law.
Computer Equipment and IT Support Remote technical, desktop support and repairs. Unauthorised resellers. Illegal downloads of movies, music, computer and video games. Illegal software – e.g. Malware, Software to break encryption of phones/computers. Remote technical support.
Counterfeit or unauthorized goods Counterfeit goods Unauthorized sale or resale of brand name or designer products or services. Sale of goods or services that are illegally imported or exported.
Drug & Hazardous paraphernalia Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs. Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom) Poisonous and hazardous materials Restricted chemicals
Electronic and Surveillance Equipment Illegal telecommunications equipment. Jamming equipment (i.e., “cell jammers” or similar devices designed to block communications and create a “quiet zone”). Traffic devices (e.g., radar jammers, licence plate covers, traffic signal changers, and related products) Devices or techniques for unlocking technical protection measures (i.e., mod chips used on digital devices, including for unlocking iPhones). Spy software – software as advertised to be installed unknowingly on the targeted users’ devices. Satellite signal decoding products, cards and card programming. Any product or service whose advertised purpose is to: Enable consumers to circumvent locks, programming codes or security features of manufacturer protections (illegally circumventing other copyrights protection devices). Infringe any DRM (Digital Rights Management), or geographic or IP-based restrictions, including through usage of VPN, proxy or anonymous user facilities. Gain access to features, services, media or content for which the user has not expressly paid or been authorised to access, including mobile phone and mobile device access. Telecommunications manipulation equipment.
File Sharing/Streaming/Cyber Locker Online file sharing/streaming services offering compensation according to the number of views. Sale of file-sharing products/services that make uploaded content publicly searchable, incentivises users to upload content, or provides a "link checker" that allows users to determine whether a link has been removed. Cash payment rewards or other incentives to people who upload content. Reward programs emphasising distribution of large files (larger than 200MB). Online file sharing services that are conditional on paid membership, or where the merchant can delete files if not accessed by the user. Promotion of paid memberships that is based on faster download speed or removing ads, rather than increased storage space. High volumes of links to prohibited content. Online file-sharing services where file owners are anonymous and may not be aware of the identity of users who have access to or can view their files. Products or services emphasising distribution of large files or promoting storage or transfer of copyrighted files such as movies, videos or music. IP or content that violates BRAM/GBPP policy.
Gambling Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising
Government Related Government IDs and/or licences, and other no-value-added services. Official documents or uniforms. Involvement in sale of activities that are identified by government agencies as being potentially fraudulent. Governmental Application Support Services. government grants; embassy, foreign consultate, or other foreign governments.
High risk businesses Credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies; any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other category, products or services that MoneyCollect decides to prohibit, in its sole discretion.
Intellectual property or proprietary rights infringement Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder. Any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
Investment & credit services Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; investment services; real estate opportunities; lending instruments
Money and legal services Financial institutions, money transmitters and money services businesses, check cashing, wire transfers, money orders; currency exchanges or dealers; bill-pay services; crowdfunding; insurance; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use MoneyCollect to hold client funds, collection or settlement amounts, disputed funds, etc.)
Multi-level marketing Investment opportunities or other services that promise high rewards Pyramid or ponzi schemes Pyramid schemes and multi-level marketing Bulk marketing tools. Direct marketing of questionable products, such as dieting cures and other get-rich-quick schemes. Programs that offer compensation for the introduction of new participants. Offering substantial rebates or special incentives as an inducement to purchase products or services.
Pseudo pharmaceuticals Nutraceuticals, pseudo-pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or make specific claims about weight loss or improved sexual performance
Social media activity Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity and online traffic
Tobacco/Cigarettes Tobacco / Cigar / Electronic Cigarette / Nicotine content products
Weapons Trade of weapons, ammunition, military arms, explosive devices and firearm parts knives, guns, firearms or ammunition. Pyrotechnic devices.
Restricted – may be eligible but only with prior approval in writing from MoneyCollect Compliance
Adult content and services Adult Dolls & Toys
Games Sale of in-game currency or game items, unless the merchant is the operator of the virtual world
Travel reservation services Airlines Online Travel Aggregators (OTAs) Ticketing agencies
Subscriptions Sale of stored value or credits maintained, accepted and issued by anyone other than the seller

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