Terms and Conditions SmartPay

This page contains information intended for those who use our services to initiate payments by bank transfer from accounts opened at banks in Romania, being referred to below as "USERS OF PAYMENT SERVICES or UPS".

Please read carefully the terms and conditions applicable to the use of the SmartPay platform when you initiate a payment through one of our partner clients. Initiating a payment through the SmartPay platform implies your explicit acceptance as UPS of the applicable terms and conditions.

The service provider

The services available through the SmartPay platform are provided by the company Smart Fintech SRL, registered at the Trade Register under no. J40/7728/2019, unique registration code 41251980, with headquarters in Aleea Țibleș, No. 26, Mansardă, Room 3, Sector 6, Bucharest, 060233, website: www.smartfintech.eu , email: smartpay@smartfintech.eu .

Smart Fintech is authorized by the National Bank of Romania as a payment institution that can carry out payment initiation services, registered in the Register of payment institutions kept by the National Bank of Romania, respectively in the electronic central register kept by the European Banking Authority under no. IP-RO-0011/02.04.2021.

The National Bank of Romania (BNR) ensures the prudential supervision of authorized payment institutions, Romanian legal entities. For any complaints, please contact the BNR:

Address: Strada Lipscani no. 25, sector 3, Bucharest, code 030031
Phone: 021 313 04 10, 021 315 27 50
For written requests, please see https://www.bnr.ro/Contact-709-Mobile.aspx.

Description of services

The SmartPay platform offers online payment initiation services by bank transfer from accounts opened at banks in Romania. Through the SmartPay platform, you can initiate an online payment to various beneficiaries for the products or services you want to pay for, depending on the specifics of the solutions offered to you by our partner customers.

To initiate a payment, you were directed to the SmartPay service by a partner client of Smart Fintech SRL who integrated our payment initiation service into their own website and/or mobile application.

The payment initiation period by SmartPay is one minute from the moment you confirm the operation, the actual execution of the payment may take several hours depending on, but not limited to: the mode of operation of the selected bank's systems, the checks made by the bank on the payment, the moment you choose to authorize the payment, etc.

Immediately after initiating the payment, you will receive a confirmation email from SmartPay that will contain the following details: the unique identification codes of the payment initiation request, the bank and account from which you chose to make the payment, the date and time of initiation, the beneficiary of the payment, the amount of the payment, respectively the explanation of the payment. You will be able to track the processing of your payment request using the following unique identification codes included in this email:

the unique identification code of the payment initiation request generated by SmartPay;
the unique identification code of the payment initiation request generated by the bank.

In order to complete a payment initiated through the SmartPay platform, you will need to log in and authorize it in the platform made available to you in this regard by the bank managing your account from which you chose to make the payment.

The payment initiation service starts from the moment of your acceptance as UPS of the present terms and conditions and ends at the moment of transmission to our partner client of the result of the payment execution received from the bank. Any dispute subsequent to the conclusion of the relationship between UPS and Smart Fintech will be made through a written address to smartpay@smartfintech.eu .

Smart Fintech SRL does not sell products or services on behalf of partner clients enrolled in the SmartPay platform or on behalf of other partners with whom you have concluded a business relationship, but only provides you with the technical means to initiate your payments to them. Therefore, all aspects of delivery of products or services, return conditions, warranty and any other commercial matters regarding the products or services for which you have made a payment initiated through our platform are governed solely by the contractual relationship you have entered into with the recipient payment and does not engage the responsibility of Smart Fintech SRL. Also, Smart Fintech SRL does not come into possession of your funds at any given time, they will be transferred directly from your account to that of the beneficiary.

Our services help you pay safely. We will not charge you any fees when you initiate a payment through our platform.

Customer knowledge and data processing

Smart Fintech SRL applies customer awareness measures, based on Law no. 129/2019 to prevent and combat money laundering and terrorist financing, both with regard to our partner customers and users of payment services.

These measures are aimed at continuously evaluating and monitoring transactions carried out through the SmartPay platform, including by reviewing initiated payments, to ensure that they are consistent with the information held about our partner customer, user of payment services, activity profile and risk profile.

In this sense, at the time of initiating the payment or later, when the situation requires it (for example, in the case of a transaction carried out under suspicious conditions), Smart Fintech SRL will process the following categories of data:

UPS contact details: email address;
Data regarding the payment method used: the bank managing the account from which you chose to initiate the payment;
Transaction data: name and website of our partner client, unique transaction identification code, payment beneficiary (name and IBAN account), transaction date, transaction amount and payment description;
Connection data: location, IP address, device, operating system and Internet browser used;
Data regarding transactional history: data regarding the activity history of using SmartPay services;
Data related to fraudulent / potentially fraudulent activity carried out through the use of SmartPay: data related to suspected fraud or other illegal use of the services we make available.

Given that the information listed above is not likely to lead to the identification, directly or indirectly, of the natural person who initiates a payment through the SmartPay platform, it does not represent personal data. Thus, Smart Fintech SRL does not come into possession and does not process at any given time personal data or personalized security elements that belong to you.

We process the data obtained for the following purposes:

Processing the payment initiation request: to initiate the payment, we send to the bank that administers your account from which you chose to make the payment the unique transaction identification code, the payee (name and IBAN account), the transaction value and the description of the payment;
Information regarding the status of the payment: we may contact you via e-mail messages to send you information regarding the result of the payment made;
Communications: we can contact you via e-mail messages to send you information about the availability of our services or other elements related to the use of the service (security notices, various legal information, etc.);
Customer support: we use the data we have available to investigate, resolve and respond to notifications or complaints regarding the use of the service;
Settlement of disputes related to payments: if disputes arise related to a payment you have initiated, we must process a series of data about the transaction you have made and make them available to our client partner, respectively the bank that administers your account from which you chose to make the payment;
Fraud prevention and payment security: As providers of payment initiation services, we have an obligation to ensure the prevention and detection of potential fraud and to maintain the security of our systems;
Our own accounting records: when invoicing the services provided to our partner clients, we must maintain accounting records regarding the transactions processed, based on the fulfilment of legal obligations under financial-accounting and tax legislation;
Service development: We use data, including feedback received through various channels, to carry out research and development activities to improve our services and to reduce the risk of fraud.

We process the data obtained on the basis of the following legal grounds:

▪ the execution of contractual obligations towards our client partners who integrate our services for the initiation of payments, through which you wish to initiate a payment for goods or services;

▪ execution of our service contract (following the fact that you have accepted the Terms and Conditions of the payment initiation service);

▪ compliance with our legal obligations (such as due diligence legislation, tax and accounting legislation, etc.);

Veracity of data provided & Security

When using the SmartPay platform, you are responsible for the veracity of the data provided on the platform and are fully responsible for maintaining the security and confidentiality of such data outside of the use of the platform.

If you have a reasonable suspicion that the security or confidentiality of the data you provided on the SmartPay platform at the time of payment has been compromised, please inform us immediately to take all necessary measures to protect this data.

Statements

In order to use the SmartPay platform to initiate a payment through one of our partner clients, you declare that:

▪ you are the legitimate owner of all the information you have entered on the SmartPay platform, that it is correct and that it will not cause damage to a third party;

▪ you are the real beneficiary or you act as an agent of the real beneficiary on whose behalf the transaction is carried out, the payment of which is initiated through the SmartPay platform;

▪ the source of the funds for making the payment does not come from illegal activities;

▪ the circumstances for making the payment will not result in facts that fall under the criminal law, which include (without limitation) the crimes of money laundering (art. 49 of Law no. 129/2019), the financing of terrorism (art. 36 of Law no 535/2004), fraud committed through computer systems and electronic means of payment (art. 249-252 of the Criminal Code), forgery of coins, stamps or other values (art. 311 of the Criminal Code), crimes against safety and integrity computer systems and data (art. 360-366 of the Criminal Code).

The provision of false statements entitles Smart Fintech SRL and its affiliates, as well as our partner clients, to take all measures permitted by law to repair the damage caused and punish the acts causing the damage.

Resolving payment disputes

Your rights, as a user of payment services, are presented clearly and easily by the National Authority for Consumer Protection (ANPC) on its website in an electronic prospectus, made by the European Commission in this purpose, based on Law 209/2019 and related legislation.

In case of non-execution or incorrect or delayed execution of payment operations initiated through the SmartPay platform, the bank managing your account from which the payment was initiated will reimburse you the amount of the unexecuted or incorrectly executed payment operation and, as the case may be, will return the account to payments debited to the situation in which it would have been if the faulty payment operation had not taken place. Smart Fintech will have the burden of proving that the payment order was received by the bank, as well as that, within the limits of its competence, the payment operation was authenticated, correctly recorded and was not affected by a technical failure or other related deficiencies of non-execution or incorrect or delayed execution of the operation.

If Smart Fintech is responsible for the non-execution or incorrect or delayed execution of the payment transaction, it will immediately compensate your bank, at its request, for the losses suffered or the amounts paid as a result of the refund granted to you.

The language governing these Terms and Conditions is Romanian. All communications will be made in Romanian.

Update

Smart Fintech SRL reserves the right to modify and update the terms and conditions of use at any time, without prior notice. Therefore, please visit this page periodically to check the applicable terms.

Date of last update: 21.09.2023

The Smart Fintech Privacy Policy describes the privacy practices of the SmartPay platform.

If the information or content you provide on the SmartPay platform contains personal information of other people, you must have legal permission to share that personal information with Smart Fintech.

If the data provided is likely to lead to the identification, directly or indirectly, of a natural person ("Data subject") when using our services, Smart Fintech processes the personal data and ensures its protection, according to the applicable legislation in the matter , including Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

Terms within the meaning of General Regulation (EU) 2016/679:

- "GDPR" means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

- "personal data" means any information regarding an identified or identifiable natural person ("data subject"); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more many specific elements, specific to his physical, physiological, genetic, psychological, economic, cultural or social identity;

- "processing" means any operation or set of operations performed on personal data or sets of personal data, with or without the use of automated means, such as collection, recording, organization, structuring, storage, adaptation or modification , extract, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, delete or destroy;

- "restriction of processing" means the marking of stored personal data in order to limit their future processing;

- "operator" means the natural or legal person, public authority, agency or other body that, alone or together with others, establishes the purposes and means of personal data processing; when the purposes and means of processing are established by Union law or domestic law, the operator or the specific criteria for its designation may be provided for in Union law or domestic law;

- "person authorized by the operator" means the natural or legal person, public authority, agency or other body that processes personal data on behalf of the operator;

- "third party" means a natural or legal person, public authority, agency or body other than the data subject, the operator, the person authorized by the operator and the persons who, under the direct authority of the operator or the person authorized by the operator, are authorized to process data personal;

- "consent" of the data subject means any manifestation of the data subject's free, specific, informed and unambiguous will by which he accepts, through a statement or an unequivocal action, that the personal data concerning him be processed;

- "personal data security breach" means a security breach that leads, accidentally or unlawfully, to the destruction, loss, modification, or unauthorized disclosure of personal data transmitted, stored or otherwise processed, or to unauthorized access to them;

Categories of data we process

UPS contact details: email address;
Data regarding the payment method used: the bank that administers the account you chose from

initiate payment;

Transaction data: name and website of our partner client, unique transaction identification code, payment beneficiary (name and IBAN account), transaction date, transaction amount and payment description;
Connection data: location, IP address, device, operating system and Internet browser used;
Data regarding transactional history: data regarding the activity history of using SmartPay services;
Data related to fraudulent / potentially fraudulent activity carried out through the use of SmartPay: data related to suspected fraud or other illegal use of the services we make available.

We process the data obtained for the following purposes:

Processing the payment initiation request: to initiate the payment, we send to the bank managing your account from which you chose to make the payment the unique transaction identification code, the beneficiary of the payment (name and IBAN account), the transaction value and the description of the payment;
Information regarding the status of the payment: we may contact you via e-mail messages to send you information regarding the result of the payment made;
Communications: we can contact you via e-mail messages to send you information about the availability of our services or other elements related to the use of the service (security notices, various legal information, etc.);
Customer support: we use the data we have available to investigate, resolve and respond to notifications or complaints regarding the use of the service;
Settlement of disputes related to payments: if disputes arise related to a payment you have initiated, we must process a series of data about the transaction you have made and make them available to our client partner, respectively the bank that administers your account from which you chose to make the payment;
Fraud prevention and payment security: As providers of payment initiation services, we have an obligation to ensure the prevention and detection of potential fraud and to maintain the security of our systems;
Our own accounting records: when invoicing the services provided to our partner clients, we must maintain accounting records regarding the transactions processed, based on the fulfillment of legal obligations under financial-accounting and tax legislation;
Service development: We use data, including feedback received through various channels, to carry out research and development activities to improve our services and to reduce the risk of fraud.

We process the data obtained on the basis of the following legal grounds:

▪ the execution of contractual obligations towards our client partners who integrate our services for the initiation of payments, through which you wish to initiate a payment for goods or services;

▪ execution of our service contract (following the fact that you have accepted the Terms and Conditions of the payment initiation service);

▪ compliance with our legal obligations (such as due diligence legislation, tax and accounting legislation, etc.);

▪ our legitimate interest to ensure the security of our platform, to prevent payment fraud and incidents, to resolve possible payment disputes, to monitor the quality of our services and the technical capacity of our platform, as well as to collaborate with our partners regarding the fulfilment of the obligations resulting from Law 129/2019 - for the prevention and combating of money laundering and the financing of terrorism.

How long we keep the data

As a general rule, we will store your personal data for as long as necessary to provide the services used, as well as thereafter, in order to comply with applicable legal obligations, including, but not limited to, provisions relating to archiving obligations.

The data related to cookies and similar technologies are kept according to the specific terms set for the respective technologies, the storage term can be between the duration of the browsing session (for session cookies) and a longer duration, for example for analysis cookies, etc. . Please also read the Cookies Policy carefully.

At any time you can ask us to delete, modify, complete or otherwise interfere with certain information that concerns a right of yours, and we will comply with those requests, subject to the retention of certain information in situations where applicable law or our legitimate interests require it. The request can be made with a written, dated and signed request to Smart Fintech at the email address: smartpay@smartfintech.eu .

Data transfer

We limit access to data for third parties, but in certain cases we may be able to transmit or provide access to certain personal data that you have provided to us to the following categories of recipients: natural or legal persons acting as authorized persons for Smart Fintech in various fields (such as document archiving, document destruction, or data storage, payment services, various services that we can outsource, such as in the field of human resources, etc.), other people, courts, authorities. In these cases, we will disclose the data for legitimate reasons related to our business, such as for: document security, relief of our business, ascertaining, defending and exercising our or another person's rights or interests.

If we are under a legal obligation or if it is necessary to defend a legitimate interest, we may also disclose certain personal data to public authorities.

We ensure that the access, to the data provided by you, by third parties under private law is carried out in accordance with the legal provisions on data protection and information confidentiality, based on contracts concluded with them.

We do not transfer personal data or part of it to other companies, organizations or individuals in third countries or to international organizations. If there are any changes in this regard, we will notify you so that you can exercise your right to accept or refuse such a transfer.

Your rights as a data subject:

Access to data: the data subject can ask us for information about the personal data we hold about him, including information about the categories of data we hold or control, what it is used for, how long it is processed and to whom it is disclosed this data, if applicable. We will provide a copy of your personal data upon request. In certain situations, we may charge a reasonable fee for providing the data, based on our administrative costs.

Rectification of data: the data subject can ask us to correct the information we process about him if it is incorrect or incomplete.

Restriction of processing: the data subject can ask us to stop processing the personal data we hold about him.

Deletion of data ("the right to be forgotten"): the data subject can ask us to delete the personal data we process about him in situations such as:

the personal data are no longer necessary to fulfill the purposes for which they were collected or processed;
the data subject has withdrawn his consent on the basis of which the processing takes place;
the data subject objects to the processing and there are no legitimate reasons that prevail in

regarding processing;
personal data were processed illegally.

Data portability: the data subject may request the transfer of his personal data, under certain conditions established by the GDPR, to another service provider.

The right not to be subject to an automated individual decision: the data subject has the right to be informed about the automated decision-making process, to request the review of the automated decision by a person and to contest the automated decision if he has not explicitly accepted the automated decision, with unless the automated decision is based on a law or is based on the execution of a contract.

The right to petition: the data subject can contact the National Authority for the Supervision of the Processing of Personal Data (ANSPDCP) at any time.

To exercise the rights mentioned above or for any question related to the way the data is used or if some of your data is incorrect, you can request us through a written, dated and signed request to Smart Fintech at the email address mentioned above down.

In the request, please indicate whether you want the information to be communicated to a specific address (postal or e-mail) or via a courier service that ensures that you will receive the information in person. Please note that before we act on any such request, we reserve the right to verify your identity to ensure that the request comes from you. You also have the right to go to court for any violation of your rights regarding the processing of personal data. The information you provide to us will only be used and stored for the purpose for which you provided it, to administer, support and evaluate our services, including to prevent breaches of system security and to comply with the law and our contractual terms.

We aim to respond to any valid requests within a maximum of one month. We will let you know if we need more than a month. We may ask if you can tell us more details or what you are concerned about. This will help us act faster and shorten the response time to your request.

We must not comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Contacts

Any request is valid if sent to the address or email mentioned below. If the request is made by post, it will be sent by registered letter with acknowledgment of receipt and is considered received by the addressee on the date indicated by the receiving post office on this acknowledgment. If the notification is made by courier or if it was delivered in person, it is considered received by the recipient on the date of signature of receipt, and if it was sent by email, it is considered received on the first working day immediately following the one on which it was sent.

Address: Aleea Țibleș, No. 26, Mansardă, Room 3, Sector 6, Bucharest, 060233.

e-mail: smartpay@smartfintech.eu

Update

Smart Fintech SRL reserves the right to modify and update this policy at any time, without prior notice. Therefore, please visit this page periodically to check the applicable terms.

Date of last update: 21.09.2023.

Cookies Policy

This policy relates to cookies and similar technologies used in the SmartPay platform owned by Smart Fintech.

Smart Fintech can set or read cookies and device identifiers when you use the application or visit the website www.smartfintech.eu . Please visit the website and read the Smart Fintech Terms and Conditions and Policies for more details.

What is a cookie?

An "Internet Cookie" (term also known as "browser cookie" or "HTTP cookie" or simply "cookie") is a small file, consisting of letters and numbers, which is stored on your computer, mobile terminal or other equipment of a user from which the Internet is accessed.

The cookie is installed through the request issued by a web-server to a browser (eg: Internet Explorer, Firefox, Chrome) and is completely "passive" (it does not contain software programs, viruses or spyware and cannot access the information on the hard- the user's drive). The cookie stores certain information (for example, your preferred language or web page settings), which your browser can re-transfer to us when you access the web page again (depending on the lifetime of the cookie).

Cookies themselves do not require personal information to be used and, in most cases, do not personally identify Internet users.

Types of Cookies

There are several types of cookies. They are classified according to their life span, role and source, as follows:

a. Types of cookies according to lifetime

Session cookies:

they are temporarily stored in the cookie file of the web browser so that it remembers them until the user leaves the respective website or closes the browser window (eg: when logging in/out on a webmail account or on networks socialization).

Persistent cookies:
these are stored on the hard drive of a computer or device (and generally depend on the lifetime of the cookie). Persistent cookies also include those placed by a website other than the one the user is visiting at the time - known as 'third party cookies' - which can be used anonymously to remember a user's interests so that advertising is delivered as relevant to the user as possible.

b. Types of cookies according to their role

Strictly necessary cookies:

these types of cookies are necessary for the websites to function properly. Without these cookies, we will not be able to offer certain features, such as, for example, automatic redirection to the least busy server, etc.

Functional cookies
Functional cookies record information related to the choices users make and also allow website operators to customize the website according to user requirements. For example, cookies can be used to save preferences related to the customization of dashboards.
Performance and analysis cookies
These types of cookies allow website operators to monitor visits and traffic sources, how users interact with the website or certain sections of the website.
The information provided by analysis cookies helps operators understand how visitors use the sites and then use this information to improve the way content is presented to users.
Targeting and advertising cookies
these cookies can provide the ability to monitor users' online activities and establish user profiles, which can then be used for marketing purposes. For example, on the basis of cookies, the products and services agreed by a user can be identified, this information later serving to send appropriate advertising messages to that user.

c. First party cookies vs third party cookies

Each cookie has a "controller" (the website/Internet domain) that places that cookie.

First party cookies are placed by the Internet domain / website accessed by the user (whose address appears in the address bar of the browser). For example, if the user visits www.smartfintech.eu , and the domain of the cookie placed on his computer is www.smartfintech.eu , then it is a first party cookie.

A third party cookie is placed by a different Internet domain/website than the one accessed by the user; this means that the accessed website also contains information from a third-party website - for example, an advertising banner that appears on the accessed website. Thus, if the user visits www.smartfintech.eu , but the cookie placed on his computer has the domain doublecklick.net, then it is a third party cookie.

d. Embedded content (buttons, apps and social media widgets)

The web pages enable the implementation of social buttons or widgets from a third party, which allow users to interact with the sites whose social buttons or widgets are implemented. User interaction with a third party's social media buttons or widgets allows the third party to collect some information about that user, including IP address, page header information, and browser information.

A widget is a simple extension of an application, being a part of the application already installed on the phone. One example is the Calendar widget, which gives you a quick view of upcoming calendar events without opening the Calendar app.

e. How do targeting and advertising cookies work?

In general, data about Internet browsing activity is collected and analyzed anonymously. If a specific interest emerges as a result of this analysis, a cookie (a small text file used by most websites to store certain pieces of useful information to make the browsing experience better) - is placed on the User's computer and this cookie determines what advertisement you receive the user, which is called interest-based advertising.

Interest-based advertising is a way of delivering advertisements to the websites you visit and making them more relevant to your interests. Common interests are grouped based on past browsing activity, and users are served only advertising that matches their interests. In this way, advertising is relevant and as useful as possible.

Deactivation/rejection of cookies in Internet browser settings

In general, browsers have integrated privacy settings that provide different levels of cookie acceptance, validity period and automatic deletion after the user has visited a certain site.

Other security aspects related to cookies:

- Customizing your browser settings regarding cookies to reflect a comfortable level of cookie security for you.

- If you are the only person using the computer, you can, if you want, set long expiration periods for storing your browsing history and personal access data.

- If you share computer access, you may consider setting your browser to delete individual browsing data each time you close the browser. This is an option to access sites that place cookies and delete any visit information when you close your browsing session.

Types of cookies and device identifiers we use

Below is the detailed list of cookies and device identifiers used.

If you want to find out more information about cookies and what they are used for, we recommend the following links:

https://support.microsoft.com/en-us/help/260971/description-of-cookies

https://www.allaboutcookies.org

http://www.youronlinechoices.com/ro/

At the moment SmartPay does not use cookies, if this changes in the future, we will mention here which cookies we use.

In addition, please also consult the terms and conditions, as well as the bank's policies on the page where you request payment authorization, as well as those presented on the SmartPay partner page, to be informed.

Applicable Law & Disputes

The language governing this policy is Romanian. All communications will be made in Romanian.

The law applicable to the Terms and Conditions, the Privacy Policy and the Cookies Policy, as well as any other policies presented, is Romanian law.

In the event of a dispute, an amicable resolution will be attempted first, within 30 working days of the registration of the complaint.

Contacts

Address: Aleea Țibleș, No. 26, Mansardă, Room 3, Sector 6, Bucharest, 060233.

e-mail: smartpay@smartfintech.eu

Update

Smart Fintech SRL reserves the right to modify and update this policy at any time, without prior notice. Therefore, please visit this page periodically to check the applicable terms.

Date of last update: 21.09.2023

Terms and conditions for SmartPay users

Smart Fintech S.R.L.

Țibleș Alley, No. 26, Attic, Room 3, 6th District, Bucharest, Romania

CUI 41251980, J40/7728/11.06.2019