EU Residents : IMPORTANT NOTICE
By proceeding to use the flykk® Service you acknowledge that We, including ISX Financial EU Ltd (CY) or ISX Financial UK Ltd (UK), and our other group entities, will collect, process and store Your personal data and may share such data with other EEA or UK regulated entities.
flykk® means any of ISX Financial EU Ltd (CY) or ISX Financial UK Ltd (UK) any either which may provide under their respective licenses or agencies provide a flykk® Service to you, the Customer, including a payment service, an electronic money service, a stored value service, identity verification and screening, and/or card processing and/or card acquiring services.
You grant Your consent that we collect personal and payment related data, check such data with various third parties including the issuer of such data or their authorised representatives, in order to meet our obligations as an EEA Authorised Monetary Financial Institution, provided that we do so to either,
- i) identify you under the 5th Anti Money Laundering Directive(Directive (EU) 2018/843) (“5AMLD”)on behalf of flykk®.
- ii) to process payments between under the Payment Services Directive(Directive (EU) 2015/2366) (“PSD2”) between You and either flykk® or at least one of our Merchants, whereby YOU have granted explicit consent for us to do so under the PSD2 by providing to Us Your payment and personal data, together with confirmation of the amount to be processed, and any necessary authentication requirements, in order to initiate identification and/or payment.
You understand that Your personal data related to our performance or compliance with either the 5AMLD or PSD2 will be retained by Us as a data controller for a minimum of five (5) years as required by law, and that such data may not be subject to a ‘right to be forgotten’.
We may use the data provided by You to Us to in the future to either i) process payments or ii) offer You additional payment related services.
General Legal Notice
Registration and ongoing use of the flykk® Service. This is an agreement between You and flykk® for provision of identity, payment, and/or authentication services, in order to provide flykk® or its contracted Merchant third parties with assurance of Your identity or to authenticate or process payment transactions. flykk® provides the flykk® Service to Yourself and in conjunction with various third parties that include online merchants, payment gateways, payment processors, payment service providers, financial institutions, gaming, gambling, securities dealers and entities regulated by financial or anti money laundering regulations, which jointly or severally comprise the “third party services”. The “flykk® Service” is the service provided to You as the customer.
Acceptance of Terms
When you click on the “I Consent to be Verified” button, you agree to these Terms, to accept our “cookies” and acknowledge our Privacy Notice (collectively the “Terms”).
If you do not agree to all of these Terms, close the browser window immediately and do not proceed. If you do not accept these Terms, you will not be entitled to use our services and must not proceed. flykk® reserves the right at our discretion to make changes to these Terms. Upon any change, we will post the updated Terms on our website.
You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. Your continued use of any flykk® services constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you are not entitled to continue to make use of the flykk® services.
When using or accessing services offered through third party service providers, you will be subject to terms posted by the service providers. Use of third party services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.
In order to register or use flykk® services, you must be at least 18 years old and legally capable to enter into contracts, and be the holder of a payment instrument that includes a valid credit or debit card, or operate bank accounts with direct debit access.
You may only use the flykk® services for your personal, individual use. You may not use the flykk® services for commercial purposes and may not resell or otherwise provide other persons with access to the flykk® services using your password or user name.
The terms “you” and “user” and “End User” refer to the person that registers for the flykk® services or has their identity verified, payment processed, or payment authenticated via a flykk® service on behalf of one of our Merchants and/or flykk®.
Where we collect payment directly from You on behalf of flykk® acting as a Merchant for our identity services, including via the Web Shield Ltd service (UK Company Number 07893072, http://www.webshield.com), it is via Authenticate B.V. in the Netherlands for the European Economic Area (EEA), or Authenticate Pty Ltd for the rest of world, with Conditions of Sale per below.
“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate. We reserve the right to introduce additional payment instruments without notice or amendment of these terms.
“flykk®” includes ISX Financial UK Ltd (Company Number 10002662) for UK Residents and ISX Financial EU Ltd (Company Number HE 348009) for European Economic Area (EEA) residents.
“ ISX Financial EU Ltd” means ISX Financial EU Ltd (Cypriot HE 348009), of Makrasykas 1, KBC North Building, 2034, Strovolos, Nicosia, Republic of Cyprus, which is a Authorised electronic money instiution #188.8.131.52 authorised by the Central Bank of Cyprus with freedom to operate within the European Economic Area.
“ISX Financial UK Ltd” means ISX Financial UK Ltd, of 1 Fore Street Avenue, EC2Y 9DT, London, a UK Authorised electroni money institution with UK Financial Conduct Authority FRN 901034
“Merchant” includes any entity, including an ecommerce service, or regulated payment service provider, trading, gaming, financial, banking, or other service, that refers You, the End User, to the flykk® service for any of identity verification, payment processing, payment authentication or any other payment service, including antimony laundering, antifraud and counter funding of terrorism transaction monitoring.
“Paydentity Profile” means the identity and payment profile that we create and store based upon your personal data and payment data provided during any identity verification or payment process.
Payment of Service Fees and Additional Charges
We charge our fees to Merchants, payment service providers, payment processors, AML obligated firms, and Financial Institutions. Except where you are being identified as part of a Merchant on-boarding process as either a person of significant control (PSC) or an ultimate beneficial owner (UBO), the flykk® identity and payment processing services are mainly free of charge to payment account holders, excluding outbound external transfers, and you will be told prior to provision of any services, if you are being asked to make a payment to use the flykk® services.
Where we provide IBAN account or card issuance services, fees for such services will be advised to you before acceptance and delivery of the service.
Any other fees associated with your financial institution accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
flykk® is unable to foresee or anticipate every technical or other difficulty with the flykk® services. The third party services or flykk® services may contain errors, bugs, or other problems from time to time. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the flykk® services are provided “AS-IS”, without warranties of any kind. flykk® cannot assume responsibility for any failure to authenticate, timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.
Service Changes and Discontinuation
flykk® reserves the right to change or discontinue, temporarily or permanently, the flykk® services at any time without notice. You agree that flykk® will not be liable to you or any third party for any modification or discontinuance of the flykk® services.
flykk® reserves the right to alter features, licensing terms, or other characteristics of any version of services that it releases.
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call ” Usage Rules”. Any conduct that violates the Use Rules is grounds for refusal to provide the flykk® services and for termination of your flykk® services account.
- No Anonymous Networks. We will not allow you to use our service if you use technology that hides or makes your network or devices anonymous in any way. We are here to create a safe online environment for consumers and merchants, and must have some minimum information to create a trusted environment.
- Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at web sites that provide third party services, information as requested in flykk®’ registration form (or at our partner sites) and account setup process, and you agree to not misrepresent your identity or your account registration information. You agree to keep your registration and payment instrument information up to date and accurate. Failure to provide accurate and complete information during registration may prohibit the use of the flykk® services or result in payment not being successful, or third party services not being available. You also certify that any payment instrument you use with the flykk® services is issued in your name and is a payment instrument that you are authorized to use.
- Protect Your PINCode. You are responsible for maintaining the confidentiality of your PINCode, and ensuring that your mobile phone is not accessible by others. You are fully responsible for all activities that occur using your PINCode and any one-time password we send to your mobile phone. Please notify the issuer of your payment account immediately of any unauthorized use of your payment account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your PINCode and/or password sent to your mobile phone, or unauthorised use of your payment account, either with or without your knowledge, under such circumstances. You may not use anyone else’s password at any time. This also applies to any passwords required for use of other services provided by flykk®’ partners.
- Customer Service Requests. If you request end user customer service assistance or report a problem with the flykk® Service, it may be necessary for flykk®, ISX Financial EU Ltd or our Merchant Customer’s service operators to access your account and view your account information.
- Respect the Law. You agree not to use the flykk® services Service for illegal purposes or for the transmission of material that is unlawful, harassing, libellous(untrue and damaging to others) invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. Please also note that we may need to disclose your details to your financial institution, regulators, law enforcement agencies, or under judicial or court order.
- Proprietary Rights. You acknowledge and agree that flykk® and/or its licensors or suppliers own all rights to this website and the flykk® services, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the flykk® services. You are only permitted to use any of the foregoing as expressly authorized by these Terms and otherwise by the flykk® services. You may not copy, reproduce, distribute, or create derivative works from any content. Further, you agree not to reverse engineer or reverse compile any technology associated with the flykk® services, including but not limited to, any software applications or Java applets associated with the flykk® services.
- At least 18 years of age. With regards to the flykk® evidence of identity service, the service is not intended for use by persons under the age of 18. If you are under 18, you may not use the flykk® services or download a mobile version of it, and you may not provide us with any of your personal details. flykk® will not knowingly collect any personal information from persons under the age of 18.
Rights You Grant to flykk®
Content You Provide. Subject to flykk®’ Privacy Notice, you are licensing to flykk® any information, data, passwords, materials, or other content you provide to flykk® and the third party services, or that is retrieved from third party sites at your request (collectively, “Content”). You consent to allowing account, including card, bank or wallet accounts, and /or document details, including government issued documents, that you provide to us to be verified with the respective issuer. With the exception of account data, identification documents, personally identifiable information or payment specific data, flykk® may use, modify, display, distribute and create new material using de-personalised Content to provide the flykk® Service to you. The use of Content is fundamental to the provision of the flykk® services. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, flykk® may use the Content for the purposes set out above. In addition, flykk® welcomes your feedback as a user of this service. Any feedback you provide will become the confidential and proprietary information of flykk®, and you agree that flykk® may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you provide relating to flykk®. flykk® shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use Content and feedback for any purpose, including but not limited to, incorporation of such feedback into flykk®, social media or other flykk® software or services. You explicitly agree that any Content provided may be used to process payments for your benefit or to identify you in order to subscribe or enrol you to financial services provided by either our Merchants or an flykk® group company.
End User Customer Service Efforts. If you request end user customer service or other assistance from either one of our Merchants or flykk®, you acknowledge and agree that flykk® personnel, located in either the EEA or Australia, are authorized to access and view your account and information to provide such assistance and support.
The purpose of the flykk® Paydentity™ services is to process payments and/or to build an identity profile of you based on information provided by you, or obtained through third party providers. Your unique flykk® Paydentity™ profile will be retained and used by flykk® and our Merchant Customers (being the merchant supplying you a service or identity service) for purposes including payment processing, legally mandated identity verification, anti money laundering, counter terrorism funding, detection, prevention & response to fraud, and security control.
The payment and identity verification services are provided by flykk® solely as a service, and any decision made relating to acceptance of your payment and/or verification of your identity is that of our Merchant Customers or ISX Financial EU Ltd. In agreeing to any identity verification you are agreeing to be pre-verified by ISX Financial EU Ltd for the issuance of e-money, and for ISX Financial EU Ltd to allow your Paydentity profile to be shared with our Merchants, law enforcement agencies, regulators , card schemes, and upstream payment service providers and for your Paydentity profile to be relied upon by other Anti-Money Laundering obliged entities.
By agreeing to this pre-verification you are ensuring that your identity profile is held by ISX Financial EU Ltd for European Economic Area (EEA) End Users, or Authenticate Pty Ltd for Australian End Users, as the respective EEA and Australian operating companies obligated under Anti-Money Laundering laws.
By agreeing to have your identity verified you are not committing to the provision of any services, except those which you have expressly asked our Merchant Customer or ISX Financial EU Ltd to provide to you.
In addition to these Terms, the use of your identity profile or parts of it may also be subject to agreements you have directly with third parties. The third parties include our Merchant Customers who sell or provide you with goods or services. flykk® is not a party to any agreement you may have with any Merchant Customer of flykk®. If you have a dispute with one or more Merchant Customers of flykk®, you forever release us, our affiliates, subsidiaries, licensors, suppliers and service providers, employees, directors and agents from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
For the purpose of the European Union’s Data Protection Regulation 2016/679/EC ISX Financial EU Ltd is a data controller is a data processor. ISX Financial EU Ltd is registered with the Cyprus data protection agency, and flykk® FInancial UK Ltd, ISX Financial EU Ltd are registered separately with the UK’s ICO. All data related to EU citizens is stored within the EU, but may, on a case by case basis, be accessed by Authenticate Pty Ltd employees and direct contractors in Australia.
Cross Border Transfer of your Information
flykk® is committed to adequately protecting your information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.
BY USE OF OUR SERVICES YOU EXPRESSLY GRANT PERMISSION FOR YOUR DATA TO BE SHARED BETWEEN AUTHENTICATE B.V (Netherlands), ISX FINANCIAL EU LTD (Cyprus), ISX FINANCIAL UK LTD (UK), ISX Financial (AU) Pty Ltd (Australia) and AUTHENTICATE PTY LTD (Australia), which shall be subject to either EU Privacy requirements if You are domiciled in the European Union, or Australian Privacy law if You are domiciled in Australia.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE flykk® SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE PROCESSORS, FINANCIAL INSTITUTIONS, AND THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE flykk® SERVICE IS AT YOUR SOLE RISK. THE flykk® SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. flykk® AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE flykk® SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE flykk® SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, flykk® IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY flykk® OR ANY THIRD PARTY.
THE OFFICIAL LANGUAGE OF THE flykk® SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF THE flykk® SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. flykk® SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE ANY TRANSLATION PAGES. flykk® AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE flykk® SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE flykk® SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE flykk® SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE flykk® SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE flykk® SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM flykk® OR THROUGH OR FROM flykk® WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
Limitation of Liability
YOU AGREE THAT NEITHER flykk® NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF flykk® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE flykk® SERVICE;
- THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM flykk®;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- • STATEMENTS OR CONDUCT OF ANYONE ON THE flykk® SERVICE;
- THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
- ANY OTHER MATTER RELATING TO THE flykk® SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, OUR MAXIMUM LIABILITY IS LIMITED TO USD$10,000.
You agree to protect and fully compensate flykk® and its affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the flykk® Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
These Terms and any notices or other communications regarding the flykk® Service may be provided to you electronically, and you agree to receive communications from flykk® in electronic form, which may take the form of e-mail, text messages, or other mobile & electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on the flykk® Service web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying flykk® of your decision to do so. If you revoke your consent to receive communications electronically, flykk® will treat this as your repudiation of these terms and you may not subsequently use the flykk® Service. It is your responsibility to provide flykk® with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. flykk® shall treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. flykk® reserves the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
Amendment to Terms
We reserve the right at our discretion to make changes to these Terms. Upon any change, flykk® will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. If you continue to use the flykk® Service thereafter, your continued use of the flykk® Service constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of the flykk® Service.
You may not assign these Terms to any other party. ISX Financial EU Ltd and/or flykk® may assign these Terms to any future, directly or indirectly, affiliated company. ISX Financial EU Ltd and/or flykk® may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
flykk® shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by flykk®. No delay or omission on the part of flykk® in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You agree that these Terms are the complete and exclusive statement of the agreement between you and flykk® with respect to the flykk® Service, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and flykk® relating to the subject matter of these Terms. These Terms, as may be amended from time to time, will prevail over any subsequent oral communications between you and flykk®.
If any part of these Terms is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the offending part is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining which will continue in full force and effect.
The flykk® services may be available through a compatible mobile device, including tablets and smart phones. Your use of the flykk® services may be become subject to charges by your wireless carrier. flykk® assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. You agree that you are solely responsible for these charges as well as any software requirements or updates required to access or use the flykk® services.
flykk® SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES OR REPRESENTATIONS AS RELATES TO (a) AVAILAIBLITY OF YOUR WIRELESS SERVICE FROM YOUR WIRELESS CARRIER, UNINTERRUPTED ACCESS TO, OR TRANSMISSION OF DATA OR COMMUNICATIONS IN CONNECTION WITH flykk®, AND (b) ANY LOSS OR OTHER SECURITY BREACH OF THE WIRELESSS SERVICE.
Granted Patents include US Patents 8,620,810, 6032863, 7588181, 8131617, 7765153, 8805738, Australian Patents AU2010100533, AU2011235612, Portuguese Patent PT2011120098, Swedish Patent SE1251231-5 and others.
Granted/Pending Patents include Australia, 2010100533, Australia, 2011235612, US 8,620,810, Europe, 11761840.5, Canada, 2,791,752, India, 2363/KOLNP/2012, New Zealand, 601718, Singapore, 183509, South Africa, 2012/06455, Brazil, 112012024646-1, People’s Republic of China, 201180014816.4, Republic of Korea, 10-2012-7027228, Malaysia, PI 2012004099, Hong Kong, 13109165.5, Australia, 2012261779, Portugal, 2011120098, Sweden, 1251231-5, South Africa, 2014/00709, PCT/AU2016/050401, United States of America, 15/010,909, Republic of Korea, 10-2016-7014689, Australia, 2016238964, Australia, 2016904748, Australia, 2017901038, Australia, 2015367299, Canada, WO 2016/094954, New Zealand, 732841, South Africa, 2017/04339, US, 15/536219, US, 6032863, US, 7588181, US, 8131617, US, 7765153, US, 8805738, Australia, WO 2016/101027, Canada, WO 2016/101027, New Zealand, 733118, South Africa, WO 2016/101027, US, 15/538958
“flykk®”, “Paydentity”, “ISXPay” and “MerchantProtect” are trademarks of iSignthis Ltd in various jurisdictions including the USA, the European Union and Australia.
Choice of Law
If You are domiciled in the EEA, then the laws and competent courts of Cyprus govern the interpretation and performance of these Terms.
If You are domiciled in the UK, then the laws and competent courts of England and Wales govern the interpretation and performance of these Terms.
If You are domiciled in Australia or elsewhere, then the laws and competent courts of the State of Victoria, in the Commonwealth of Australia govern the interpretation and performance of these Terms.
These Conditions of Sale govern the sale of identity services to you by Authenticate BV within the EEA, or Authenticate Pty Ltd for rest of world, and are to be read in addition to the terms and conditions above. When you use an flykk® service, you will also be subject to these terms, and any special conditions that we make you aware of at the time of use that may be applicable. If these Conditions of Sale are inconsistent with the Special Conditions, those Special Conditions will take precedence
OUR IDENTITY SERVICES SALE CONTRACT
Your order is an offer to flykk® to buy the identity service as recommended by the Requesting Entity. The Requesting Entity is usually one in which you have a direct or indirect relationship, and the Requesting Entity has a requirement to identify you. When you place an order to purchase a identity service from flykk®, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the identity service(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a identity service ordered by you, when we accept your successful payment and you provide the identity details we request. Your contract is with Authenticate BV for EEA residents, and Authenticate Pty Ltd if you are resident elsewhere in the world.
We do not offer a right to cancel the identity services once commenced, with use commencing upon provision of all or part of the requested identity details pertaining to you.
You consent to receive sales invoices electronically via PDF or plain text email format.
PRICING AND VAT
All prices are inclusive of legally applicable Value Added Tax (VAT) or Goods and Services Tax (GST).
These conditions are governed by and construed in accordance with either i) the laws of the Netherlands for EEA domiciled End Users or ii) the laws of Victoria, Australia , and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands for EEA resident End Users and the Courts of Victoria, Australia for End Users domiciled elsewhere, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the Netherlands or in the EU country in which you live, or Victoria, Australia in all other cases.
OUR CONTACT DETAILS
Our contact details are: email@example.com
Privacy Notice & Disclosure
Why we are collecting data
Our service is used to secure payments on the internet, mitigate fraud, and to allow payment processors and/or other entities regulated under anti money laundering regulation to comply with their obligations. The data collected is
- used to identify You, and/or
- that the holder of a payment instrument presented during a remote payment is authorised to use said payment instrument, and/or
- to comply with financial regulations.
Information collected while You are using our service may also be used to analyse trends, administer the service, improve site performance, gather broad demographic information, and for security purposes.
Why data is collected
When You use the flykk® service, including when you browse the company”s website, or follow links provided by your merchant or payment processor to register a payment instrument with us or, when You authenticate a transaction for payment on a previously registered payment instrument, we collect information regarding your interaction with our Service.
In addition to information that You directly provide to us when using our Service, information that we collect may include certain details of the payment instrument used during a financial transaction, the domain and host from which You access the Internet, the Internet Protocol address of the computer/device and/or Internet Service Provider You are using, your device characteristics including operating system, installed packages, language set, serial number, and your mobile/cell phone number, geo-location, cell tower location and anonymous site statistical data.
At no time do we request or store your primary identification and personal details including passport, drivers license, birth certificate details or bank account logins for any purpose other than that disclosed to You, or, in order to comply with our regulatory obligations, including anti money laundering checks. We rely on your bank having sighted and noted these primary identification documents at payment account opening stage.
By using our Service you are providing consent that information collected whilst interacting with flykk® including during registration or authentication processes, may be presented to the merchant, payment processors and/or financial institutions involved with the specific payment transaction with whom You, or someone using a payment instrument issued to You, initiated a financial transaction. This data may be shared and matched by us, and the merchant/payment processor/financial institutions involved in the transaction, in order to settle any disputed or queried transactions with your financial institution. We may use the data we collect in any legal action to recover losses due to suspected fraud, without further notice to you.
By using our Service you consent that documents, data and information may be shared without notice to the issuer, payment processing providers, Merchants we provide services to under contract, law enforcement or financial regulator agencies at any time, including where fraudulent activity is suspected, or where a request for information is made by a law enforcement or financial regulator agency.
In order to devalue the risk of breach, we do not ever store complete payment instrument details, and we minimise any personally identifiable information held to that required to meet our regulatory obligations. This ensures that any data we do store does not provide a means for unauthorised parties to initiate payment transactions. All payment and personal information is stored in an encrypted format at a facility that complies with Payment Card Industry (PCI DSS Level 1) requirements, and ISO 27001. We operate facilities in the European Union, US and Australia.
Online security and privacy is our business, and we comply with the privacy requirements of all jurisdictions we operate in.
“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate.
“flykk®” includes ISX Financial UK Ltd (Company Number 10002662), ISX Financial EU Ltd (Company Number HE 348009 and their subsidiaries.
Australian Credit Check
“We/Us” means Authenticate Pty Ltd (trading as flykk®Pay), ABN 49 600 573 233 and our related entities that assist us to provide our services. “You/I” is the person whose name appears on the application. We may collect, use, hold and disclose personal and credit information about you for the purposes of:
- managing our relationship with you;
- complying with applicable laws both in Australia and overseas, including (without limitation):
- the National Consumer Credit Protection Act; and
- the Anti-Money Laundering and Counter Terrorism Act and Regulations.
- arranging or providing credit to you;
- managing that credit; and
- direct marketing of products and services by us;
Credit information includes the type and amount of credit provided to you, repayment history information, default information (including overdue payments) and court information. Personal information includes any information from which your identity is apparent. We may disclose your personal information overseas.
Consumer and commercial credit information
We may exchange your commercial and consumer credit information with entities listed below to assess an application for consumer or commercial credit and manage that credit. In particular, we can obtain credit information about you from a CRB providing both consumer and commercial credit information.
Exchange information with credit providers
We may exchange your personal and credit information with other credit providers for the purposes of assessing your identity, creditworthiness, credit standing, and credit history or credit capacity.
- Finance brokers, mortgage managers, and persons who assist us to provide our products to you
- Financial consultants, accountants, lawyers and advisers
- Mortgage insurers
- Any industry body, tribunal, court or otherwise in connection with any complaint regarding the approval or management of your loan – for example if a complaint is lodged about us or the lender
- Businesses assisting us with funding for loans
- Trade insurers
- Any person, where you have provided your consent
- Any person who proposes to guarantee or has guaranteed repayment of any credit provided to you
- Any person where we are required by law to do so
- Any of our merchants, associates, related entities or contractors
- Your referees, such as your employer, or listed contacts to verify information you have provided
- Any person considering acquiring an interest in our business or assets
- Any organisation providing online verification of your identity
- The official record holder or issuer via third party systems
We may disclose personal information about you to an organisation providing verification of your identity, including on-line verification of your identity, including the official record holder or issuer via third party systems.
You consent to the receipt of notices and other documents in connection with our dealings with you by email or by accessing our website.
We may exchange your personal and credit information with the following credit reporting bodies:
- Equifax Pty Ltd – equifax.com.au
- Dun & Bradstreet (Australia) Pty Ltd – dnb.com.au
- Experian – experian.com.au.
If you do not provide personal information, we may be unable to identify you, or to arrange or provide regulated services for you.
Sending you marketing material
From time to time we may use your personal information to provide you with current information via SMS or other marketing channels about finance, offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.
If you do not wish to receive marketing information, you may at any time decline to update your marketing preferences to receive such information by emailing us on firstname.lastname@example.org or by writing to us at PO Box 429, Richmond, 3121, Victoria. If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
By using the unsubscribe function in a direct marketing communication you will only unsubscribe from that entity / brand who sent you that communication and method of delivery. Please let us know if you would like to unsubscribe from flykk® or any of its related entities. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
This includes but is not limited to contacting you by telephone, SMS, mail or email.
I hereby declare that:
- I have read the section entitled “Privacy Consent” and give my consent for my personal information to be be used in accordance with such.
- I have given my consent to receive electronic communications from flykk®.
- This is an application only and that flykk® is not obliged to give me credit
- I am not known by any other name(s) not listed on this application
- I will provide all necessary information as requested for identification and verification
- All information contained in this application is true and correct
- I authorise my employer or accountant to disclose any salary, employment or financial details to flykk®