Legal & Privacy


Terms and Conditions
Privacy Policy
Cookie Policy
Complaint Policy

Terms and Conditions

 

1. Definition

1.1. YabandPay: A payment institution as defined in Article 1:1 of the Financial Supervision Act, holding a license from the De Nederlandsche Bank N.V. on the basis of Article 2:3a of the Financial Supervision Act and offers payment methods

1.2. API: An application programming interface (API) provided by YabandPay.

1.3. Cashier account: Generated by YabandPay or Merchant to manage transactions.

1.4. Chargeback: Cancellation by End User or the issuer of the credit card of the credit card transaction

1.5. Clearing Account: An IBAN account of Merchant in the SEPA area.

1.6. End User: The purchaser of services or products from Merchant.

1.7. Fees: The charges and fees we charge to Merchant for Service supplied by YabandPay, such as monthly fees, transaction fees and any other fees as stated in Merchant Agreement.

1.8. KYC: The know your customer guidelines in financial services requires that professionals make an effort to verify the identity, suitability, and risks involved with maintaining a business relationship.

1.9. Merchant: the company that accepts transactions through a payment service provided by YabandPay.

1.10. Agreement: Agreement between YabandPay and Merchant for the provision of the Services to Merchant, including the Terms and Conditions and all schedules and other documents appended thereto by reference.

1.11. Payment Method: A method of enabling payments by End Users to merchants such as WeChat Pay, Alipay, iDeal, Credit Card or Debit Card, online and offline bank transfers and direct debits.

1.12. Parties: YabandPay and Merchant together.

1.13. Refund: A refund of the original Transaction.

1.14. Service: A service YabandPay provides to Merchant under Agreement.

1.15. Settlement: The payment of amounts by YabandPay to Merchant, owed with respect to settlements received by YabandPay for Transactions validly processed for Merchant, minus the amounts for Refund and Chargebacks, Transaction Fees and the amounts needed to keep the deposit on the then current deposit Level.

1.16. Transaction: An instruction processed by YabandPay for a Payment by an End User to Merchant, regardless of whether it is successfully authorised.

1.17. Working Hour: Monday to Friday from 9.00 a.m. to 5.00 p.m. CET. excluding generally recognized public holidays in the Netherlands.
 

2. Scope

2.1 These Terms and Conditions apply to all Transactions and Service between YabandPay and Merchant.

2.2 Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

2.3 The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of Merchant or of third parties.
 

3. Rights and Obligations of Merchants

3.1 The Fees for each Service YabandPay has provided to Merchant have to be paid.

3.2 Merchant shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

3.3 In relation to the registration and use of the Service, Merchant will cooperate fully and provide all information necessary for YabandPay to:

i. deliver its Services;

ii. identify and verify Merchant, its shareholder(s) and director(s);

iii. verify Merchant’s compliance with this Agreement;

iv. validate Merchant’s financial position and risk profile;

v. verify Merchant’s activities; and / or

vi. verify any other previously provided information.

3.4 Update all information Merchant provides to YabandPay to keep it accurate, current, complete and true; not use the Service for or in connection with any prohibited purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any malicious code.

3.5 Merchant understands and accepts that: YabandPay is legally obliged to retain information about Merchant and Transaction that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities.

3.6 Merchant will be liable to YabandPay for all losses which YabandPay suffers or incurs in relation to any fraud or fraudulent activity by Merchant.
 

4. Fee, Payment and Tax

4.1 Merchant agrees to pay to YabandPay the fees and charges as agreed upon and set out in the applicable schedule of Agreement, and all relevant costs and taxes YabandPay incurs in relation to the provision of the Services to Merchant.

4.2 Unless otherwise agreed, or otherwise set out in the applicable fee, Penalty fees as set out in Agreement shall be charged automatically, without prior notice, without prejudice to the cost that may arise in connection with discontinuation of Services or additional claims for damages of Acquirer.

4.3 If at any time Merchant notifies YabandPay in writing that Merchant wish to receive any additional services, then Merchant shall pay fees and charges which apply to such additional Services.

4.4 Merchant agrees with the withholding of any fees and other sums due to YabandPay under Merchant Agreement including Chargebacks and Penalty fees from the Settlement amounts and including funds required to meet the then current deposit level requirements. If the Settlement amounts are not sufficient to cover amounts due to YabandPay, the amounts remain due as per the due date as stated on the invoice and shall be paid separately by Merchant within 15 days of the date of the relevant invoice.

4.5 YabandPay has the right at any time to require immediate payment of sums or to set-off Merchant’s debts to YabandPay against Settlements to Merchant in the following cases:

i. Refunds and/or Chargebacks in case the outstanding Refund and/or Chargeback amounts exceed the Settlement amount.

ii. Any amount required by YabandPay to cover any (potential) liability of Merchant under this Agreement.

iii. Any other charges or amounts due by Merchant under this Agreement.

4.6 Interest shall accrue on any unpaid amounts owed by Merchant to YabandPay at the rate of 1% per month.

4.7 All fees of YabandPay are excluding applicable VAT which will be separately payable by Merchant.

 

5. Chargebacks and Refunds

5.1 A Chargeback can be reclaimed up to a year after payment. YabandPay is never responsible and liable, both legally or financially, for the non-payment of an End User for the purchased products and/or services or the costs Merchant has to incur in order to as yet claim the monies from the End User.

5.2 Merchant indemnifies YabandPay against all direct and indirect costs and liability arising from a Chargeback/Refund, irrespective of the correctness of such.

5.3 YabandPay is entitled to offset a Chargeback from a specific period with the pay-out due to Merchant by YabandPay or to recoup this via a direct debit procedure. YabandPay is at all times entitled to claim this Chargeback from Merchant should the credit balances of Merchant not be adequate for the settlement of the Chargeback. This can also take place by means of a collection procedure.

5.4 Refunds will be charged as a Transaction by YabandPay and a Refund fee can be applied by YabandPay after giving prior notice to Merchant, if manual intervention is needed or additional costs are incurred by YabandPay to process such Refund.

5.5 Fees charged for executing the original Transaction will not be refunded in part or in whole to Merchant if Transaction is refunded or made subject to a Chargeback.

5.6 Merchant pays the rate as agreed in Agreement for administration costs for chargebacks and refunds.

 

6. Money Transfer

6.1 Money transfer is conducted by YabandPay that is stated in Agreement.

6.2 YabandPay enters the balances into the account of Merchant. YabandPay debits the transaction fee from the account of Merchant.

6.3 Merchant can instruct to have the balances of the account transferred to the Clearing Account of Merchant.

6.4 After instruction by Merchant, the balances shall actually be transferred at the latest within 1 (to 7) working day(s) after receipt of the balances from YabandPay to the Clearing Account of Merchant.

6.5 YabandPay is entitled to only transfer payments to a European business bank account number of which the name is the same as the one registered in the Chamber of Commerce.

6.6 In the event of an apparent inaccuracy in a paid-out sum, YabandPay can reclaim a performed payment.

6.7 The minimum amount Merchant can withdraw is € 10.00. For withdrawals below € 100.00 a € 5.00 transaction fee will be charged. Withdrawals from € 100.00 are free of charge.

 

7. Duration of Agreement

7.1 Agreement is entered into for an indefinite period of time, unless it results otherwise from the nature of Agreement or the Parties have expressly agreed otherwise in writing.

7.2 If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the Parties terminates the Agreement with due observance of a notice period of 2 month(s), or if Merchant terminates Agreement with due observance of a notice period of 1 month / Agreement ends at the end of the fixed term.

7.3 If Parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, Merchant must give YabandPay a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

 

8. Intellectual Property

8.1 YabandPay retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

8.2 Merchant and third parties may not copy or have copied the intellectual property rights without prior written permission from YabandPay, nor show them to third parties and / or make them available or use them in any other way.

 

9. Complaints

9.1 YabandPay value all feedbacks as they help YabandPay improve service quality. YabandPay has established internal procedures for complaints. Merchant can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses: service@yabandpay.com

9.2 Merchant must examine a product or service provided by YabandPay as soon as possible for possible shortcomings.

9.3 Merchant must inform YabandPay of this within two months after detection of the shortcomings.

9.4 Merchant gives a detailed description as possible of the shortcomings, so that YabandPay is able to respond adequately.

9.5 Merchant must demonstrate that the complaint relates to an agreement between the parties.

9.6 If a complaint relates to ongoing work, this can in any case not lead to YabandPay being forced to perform other work than has been agreed.

 

10. Limitations of Liability

10.1 Merchant acknowledges and agrees that Merchant shall be responsible and Merchant accepts full financial liability for all transactions processed under Agreement and that Merchant shall be liable for any amounts due or which may become due – either incurred during the term of these Terms and Conditions or after its termination or expiration for any reason whatsoever – with respect to transactions processed under Agreement. Merchant acknowledges and agrees that YabandPay acts as a facilitator on Merchant’s behalf and that YabandPay are not a party to Agreement between Merchant and Merchant’s beneficiaries. Therefore, under no circumstances, is YabandPay responsible for Merchant’s obligations to Merchant’s beneficiaries.

10.2 YABANDPAY SHALL NOT HAVE ANY LIABILITY TO Merchant OR ANY OTHER THIRD PARTY WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), UNDER AN INDEMNITY OR OTHERWISE AND WHATEVER THE CAUSE FOR:

I. ANY INCREASED COSTS OR EXPENSES;

II. LOSS OF PROFIT;

III. LOSS OF BUSINESS;

IV. LOSS OF GOODWILL;

V. LOSS OR CORRUPTION OF DATA;

VI. LOSS OF REVENUE OR ANTICIPATED SAVINGS; OR

VII. SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, WHETHER OR NOT YABANDPAY IS AWARE OR HAS BEEN MADE AWARE OF THE LIKELIHOOD OF ANY SUCH LOSS OR DAMAGE.

10.3 Nothing in Agreement shall exclude or limit any liability of any party for fraud or to the extent that any such exclusion or limitation is not permitted by applicable laws.

10.4 YabandPay does not assume responsibility or liability for:

I. malfunctions in communications facilities that may affect the accuracy or timeliness of transactions, execution of payment orders; or

II. any losses or delays in transmission of instructions arising out of the use of any internet service provider providing connection to the internet or caused by any third party software or systems.

10.5 In no event shall YabandPay be liable for damages for delay, non-delivery, non-transfer, under-payment or any other event relating to a particular transaction, whether due to an act or omission by us. If our performance of our obligations under Agreement is prevented or delayed by any act or omission by Merchant, YabandPay shall not be liable for any costs, charges or losses sustained or incurred by Merchant or us that arise directly or indirectly from such prevention delay.

10.6 Additionally, the exclusion under Article 10.5 shall further apply to our liability for any such losses resulting from Merchant’s use or inability to use the Services or for the unavailability of the Services. YabandPay shall not be required to take any action upon Merchant’s instructions to the extent that the same would violate any applicable laws or order of any supervisory body, law enforcement authority or any competent court. However, if YabandPay executes Merchant’s payment order(s), which is/are later found to be in contravention of any applicable laws or the Rules, Merchant shall hold us free and harmless from any losses, claim or other liability asserted against or imposed upon us as a result of any such contravention. Each Party shall use reasonable efforts to mitigate all losses under Agreement.

 

11. Confidentiality

11.1 Merchant keeps any information which receives (in whatever form) from YabandPay confidential.

11.2 The same applies to all other information concerning YabandPay of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to YabandPay.

11.3 Merchant takes all necessary measures to ensure that he keeps the information referred to in Article 11.1 and 11.2.

11.4 The obligation of secrecy described in this article does not apply to information:

i. which was already made public before Merchant heard this information; or

ii. which later became public without being the result of a violation of the Merchant’s duty to confidentiality;

iii. which is made public by Merchant due to a legal obligation.

11.5 The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

 

12. Personal Data Protection

12.1 There will be processing of personal data in the context of the performance of the Agreement. Each party guarantees that it shall process personal data in accordance with the Personal Data Protection Act and any other applicable regulations relating to the processing of personal data and issued guidelines.

12.2 YabandPay is entitled to record and store (personal) data. This data shall not be provided to third parties except in the case of the exceptions pursuant to the law or a legal judgment.

12.3 Parties shall take suitable technical and organizational (security) measures in accordance with WBP to protect personal data against loss and/or any form of unlawful processing.

12.4 Transaction details are recorded in such a way that for one year after recording they can be consulted by Merchant.

 

13. Force Majeure

13.1 In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of YabandPay in the fulfillment of any obligation to Merchant cannot be attributed to YabandPay in any situation independent of the will of YabandPay, when the fulfillment of its obligations towards Merchant is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from YabandPay.

13.2 The force majeure situation referred to in Article 12.1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

13.3 If a situation of force majeure arises as a result of which YabandPay cannot fulfill one or more obligations towards Merchant, these obligations will be suspended until YabandPay can comply with it.

13.4 From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve Agreement in writing in whole or in part.

13.5 YabandPay does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

14. Penalties

14.1 If Merchant violates the articles of these Terms and Conditions about secrecy or intellectual property, then Merchant forfeits on behalf of YabandPay an immediately due and payable fine of € 5.000 – € 1.000 for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.

14.2 No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to Article 13.1.

14.3 The forfeiture of the fine referred to Article 13.1 shall not affect the other rights of YabandPay including its right to claim compensation in addition to the fine.

 

15. Transfer of Rights

15.1 Merchant cannot transfer its rights deferring from an agreement with YabandPay to third parties without the prior written consent of YabandPay.

15.2 This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

16. Notices and Communications

16.1 Merchant must provide any notice of default to YabandPay in writing.

16.2 It is the responsibility of Merchant that a notice of default actually reaches YabandPay in time.

 

17. Changes in The General Terms and Conditions

17.1 YabandPay is entitled to amend or supplement these general terms and conditions.

17.2 Changes of minor importance can be made at any time. Major changes in content will be discussed by YabandPay with Merchant in advance as much as possible.

17.3 Merchant is entitled to cancel Agreement in the event of a substantial change to the general terms and conditions.

 

18. Entire Agreement

18.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between YabandPay and Merchant and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between YabandPay and Merchant relating to the subject matter hereof.

18.2 Merchant acknowledges that, in entering into Agreement and accepting these Terms and Conditions, Merchant does not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.

 

19. Consequences of Nullity or Annullability

19.1 If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these Terms and Conditions.

19.2 A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what YabandPay had in mind when drafting the conditions on that issue.

 

20. Applicable Law and Competent Court

20.1 Dutch law is exclusively applicable to all agreements between YabandPay and Merchant.

20.2 The Dutch court in the district where YabandPay is established is exclusively competent in case of any disputes between YabandPay and Merchant, unless the law prescribes otherwise.

Privacy Policy

 

1. Overview

This privacy policy (this “Policy“) explains how Personal Information is collected, used, and disclosed by YabandPay B.V. (collectively, ” YabandPay,” ” we,” ” our” or ” us“). This Policy applies to users (“you“) of YabandPay‘s services, websites, applications, and machines (each, a ” Service,” and collectively, our ” Services“).

YabandPay does our best to protect your privacy of yours. All the behaviours of processing personal data within the frame of provided services comply with the local personal data protection regulations, especially the regulations from the Freedom of Information Act (revised edition) on 06-Jan-1978 and GDPR (EU Code 2016/679).

YabandPay is supervised by the Dutch Central Bank (DNB) as a regulated payment service provider under Dutch law, we must comply with legal obligations, for example under the Dutch Financial Supervision Act (Wft), the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and the Dutch Civil Code (BW).

By using our Services, to the extent permitted by applicable law, you are consenting to us gathering and processing information about you in accordance with this Policy, our Cookie Policy, and any other contract we may have with you including, without limitation, a Services Agreement. Although consent may not be required for all of the elements described in this Policy. For particular types of information or processing, we may provide you with choices or request your further consent related to what information we collect and how we may process it. If you do not agree to the terms set out in these policies, we do not give you permission to use the Services and you must cease to do so immediately.

 

2. Information we collect

Personal Information. By using our Services, we may collect the following categories of personal information (“personal information“) of the person(s). Please note that in principle, we process data about your business. Business information is not considered personal data.

If you use YabandPay’s service as Merchant, we will process the following personal data of the company director(s), beneficial owner(s), or authorized person(s) :

  • First name and last name
  • Date of birth
  • Place of birth and nationality
  • IP address
  • Internet browser and device type
  • Identification documentation, such as a copy of the passport, National Identity card, or such other documentation as is required by local law, copies of these documents may include a photograph of your face
  • Telephone number, home address, email address, and other contact details
  • Other personal data that you actively provide, for example by creating a personal environment on our website, in written correspondence, and via telephone

If you are YabandPay’s business partner, we will process the following personal data:

  • First name and last name
  • Telephone number, email address, and other contact details

If you use the YabandPay website, we may process the following data (also depending on your acceptance of cookies):

  • IP address
  • Location data
  • Internet browser and device type
  • Activities on our websites

We process your Personal Information to meet our legal including Anti-Money Laundering and Counter-Terrorism Financing Act, statutory and contractual obligations, and to provide you with our Services. We will never collect any unnecessary Personal Information from you and do not process your information in any way, other than as specified in this Policy.

Under certain circumstances, it may be necessary for you to provide us with your Personal Information, for example, to enable us to provide Services to you or to comply with our legal obligations. In other circumstances, it will be at your discretion whether you provide us with Personal Information or not. However, failure to supply any of the Personal Information we request may mean that we are unable to maintain or provide Services to you.

We make every effort to maintain the accuracy and completeness of your Personal Information which we store and to ensure all of your Personal Information is up to date. However, you can assist us with this by promptly contacting us if there are any changes to your Personal Information. We shall not be responsible for any losses you suffer arising from any inaccurate, inauthentic, deficient, or incomplete Personal Information that you provide to us.

 

3. How dose we use your information?

We only process your Personal Information where:

  • the processing is necessary to comply with our legal obligations including:

– to carry out money laundering, financial and credit checks and for fraud and crime prevention and detection purposes;

– to comply with our legal and regulatory obligations; and

– to comply with court orders and exercise and/or defend our legal rights, as otherwise permitted or required by any applicable law or regulation; or

  • the processing is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into such contract; or
  • the processing is necessary for our legitimate interests or the legitimate interests of others (except where such interests are overridden by the interests or rights of your employees, agents and contractors and those of your associated entities requiring the protection of their Personal Information) including:

– for monitoring and assessing compliance with YabandPay’s policies and standards;

– for promotional and marketing materials and activities;

– to comply with court orders and exercise and/or defend our legal rights, as otherwise permitted or required by any applicable law or regulation;

– to identify the person(s) authorized to act on behalf of our clients;

– for administrative purposes in relation to the security and access of our systems, offices, platforms, and secure websites and applications; and

– to contact you about the Services we offer

Our Role as Data Controller and Data Processor. We generally act as the data controller of your Personal Information. YabandPay does not and will not share, disclose or trade your Personal Information collected from the above processes. Under certain payment schemes, payment companies may engage us to provide them with certain processing services related to information owned or controlled by the payment companies. We are not responsible for any payment companies’ use of information for which it is an owner or controller.

Retention. We will only retain your Personal Information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. However, if you wish to have your Personal Information removed from our databases, you can make such a request by writing to the address detailed in the Contact Us section. Subject to any legal or regulatory requirements, we will then delete this information (to the extent technically practicable).

 

4. Dose YabandPay process any sensitive personal data?

YabandPay does not record any sensitive personal data from Merchants, Partners, or Website users relating to health, ethnicity, criminal matters, religious or political beliefs. Furthermore, YabandPay 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. YabandPay therefore requests that you do not provide any of such information.

 

5. Security of your information

YabandPay takes commercially-reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

When your merchant transaction is being transmitted to our Services or through our Services, it will be protected by cryptographic protocols. To be clear, YabandPay does not itself store any Personal Information of yours or your clients through transactions.

We assume no liability or responsibility for disclosure of any personal information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your YabandPay account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below COOKIES.

We collect information about your usage and activity on our website using certain technologies, such as cookies, and other technologies. See our Cookie Policy for more details.

 

6. Your choices

  • Email. If you do not want to receive marketing and promotional emails from YabandPay, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications. If you have a YabandPay account, you may also opt out of marketing emails in your account settings. Alternatively, to the extent that applicable law requires your prior opt-in consent to receive marketing and promotional emails, you can choose not to opt-in. Please note that even if you opt-out of receiving marketing communications from one or all of our Services, we may need to send you service-related communications.
  • Text Messages. If you no longer want to receive text messages from YabandPay, please let us know to opt-out of text messages at privacy@yabandpay.com or write to us, as detailed in the Contact Us section.
  • Cookie Choices. To exercise choices regarding cookies set through our website, as well as other types of online tracking and internet advertising, see our Cookie Policy for more details.

In addition to the above methods of exercising choice, to the extent required by applicable law, we may provide you with additional choices regarding the processing of your information, which you may exercise by contacting us as detailed in the Contact Us section, below. We will try to comply with your request as soon as reasonably practicable as required by applicable law.

 

7. Access, correction, and deletion of your information

If you wish to update, modify/correct, delete or, access your Personal Information, receive a copy of the personal data collected from you, or if you would like us to stop processing any of your Personal Information, to the extent you are entitled to do so under applicable law, you can make such a request by writing to us detailed in the Contact Us section, below. We will respond to your request within the time prescribed by applicable law. If such changes are made pursuant to your request(s) this may affect our ability to continue to provide our Services to you and under such circumstances, we reserve the right to terminate our Services to you.

In any of the situations listed above, in order for us to comply with our security obligations and to prevent unauthorized disclosure of data, we may request that you provide us with a copy of a valid means of identification and verification of the identity of the individual whose Personal Information is the subject of such a request.

 

8. When dose we may disclose your personal data?

YabandPay does not and will not share, disclose or trade your Personal Information. We will only disclose your Personal Information in the ways set out in this Policy and in the following circumstances:

  • To third parties who process your Personal Information on our behalf (such as our money laundering, financial, and sanction check providers);
  • To regulatory bodies, or there is a legal requirement.

 

9. Changes to this policy

Except to the extent limited by applicable law, we reserve the right to update this Policy to reflect changes to our information practices by prominently posting notice of the update on our Services, and as required, obtaining your consent. Any updates will become effective immediately after posting the updates to this Policy and apply to all information collected about you, or where required, upon your consent. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Services. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Services.

If we make any changes to this Policy that materially impact previously collected information about you, we will obtain your prior express consent.

 

10. Contact us

If you have any questions about this Policy or information we have collected about you, please contact us by email at privacy@yabandpay.com or by postal mail at:

YabandPay B.V.

Laan van Vredenoord 33

2289 DA Rijswijk

The Netherlands

Cookie Policy

 

1. What are cookies?

Cookies are small text files that are sent by a website to a web browser and contain information that is transferred to your computer’s hard drive. This enables the website to identify and track the web browser. Cookies can, among other functions, enable a website to recognize a device each time it visits, remember user preferences and recommend content. Cookies in themselves do not identify the individual user, but rather the computer used. However, some cookies will contain personal information such as a user name.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a more personalized user experience when you browse our website and also allows us to improve our website. By continuing to browse and use our website, you are agreeing to our use of cookies.

Different cookies do different things and some are essential to the operation of a website, whilst others are not. The different types of cookies are:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website such as your account profile.

Analytical/performance cookies. These allow us to recognize and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognize you when you return to our website, enabling us to personalize our content for you, greet you by name, and remember your preferences.

Targeting cookies. These cookies record your visits to our website, the pages you have visited, and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information (in anonymized form) with third parties for this purpose.

To the extent that any personal information is collected through our use of cookies, our Privacy Policy will apply to our processing of that personal information.

 

2. What cookies do we use?

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie Purpose Expiry of cookie
shS_CA This cookie is set only when you visit a specific campaign landing page. It stores a reference to the campaign. 30 days
shS_CH This cookie is set when you respond to one of our campaigns. It tells us which channel you have come through, for example, whether you are responding to an email we have sent you or if you have completed a form on our website. 30 days
shS_CO This cookie stores the full URL of the page on our website that you were on when you submitted a form. 30 days
shS_KE This cookie stores the search term used by the visitor to reach the page on our website. 30 days
shS_LP This cookie lets us know which page of our website you landed on first. 30 days
shS_ME This cookie is set when you respond to one of our campaigns. It tells us the type of medium you have come through, for example, whether you are responding to an email, clicking an online ad, or visiting a link from a leaflet. 30 days
shS_NE This cookie works with Google AdWords. It stores a single character reference denoting the Google network that served the ad you clicked on. For example, it tells us whether you were on Google search engine or another site that shows Google ads. 30 days
shS_PH Some campaigns are tied to a specific campaign phone number. This cookie stores the campaign phone number. It is set when the shS_CA cookie is set and is used to override the displayed sales phone number. 30 days
shS_RE This cookie stores the full URL of the third-party webpage from which you accessed our website. 30 days
Google Analytics Our website employs cookies from Google Analytics. Google Analytics is a web analytics service provided by Google, Inc. Google Analytics cookies are used to collect information about how visitors use our website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited. We use the information to compile reports and to help us improve our website. Google holds this information and provides us with access to it.

Find out more about Google Analytics at:https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

Read the Google Analytics privacy policy at: https://www.google.co.uk/policies/privacy/.

The lifespan of a Google Analytics cookie depends on what it is and what it does. Some expire at the end of your browser session, whilst others can last for up to 24 months, although you can delete them at any time by clearing your cache.

 

3. What about third-party cookies?

Third parties, including, for example, advertising networks and providers of external services like web traffic analysis services, also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies. They are used, for example, to track how many users have seen a particular ad and to ensure that you see ads that are relevant to you. These cookies are placed by the relevant third-party and we have no control over these cookies other than allowing them to be served.

 

4. Can I refuse or opt-out of cookies?

Most browsers automatically accept cookies, but you can usually change your browser settings to limit or prevent cookies. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our website. If you set your browser to not accept cookies, it may result in certain sections of our website not working properly and certain personalized services not being provided to users of your computer.

You can find out how to opt-out of being tracked by Google Analytics by visiting  https://tools.google.com/dlpage/gaoptout.

 

5.  Contact us

If you have any questions about this Policy or information we have collected about you, please contact us by email at privacy@yabandpay.com or by postal mail at:

YabandPay B.V.

Laan van Vredenoord 33

2289 DA Rijswijk

The Netherlands

Complaint Policy

 

Guide to Making a Complaint

At YabandPay we aim to provide great products and excellent service. However, we know that sometimes things can go wrong and that you may have cause to complain. If you have a complaint, then please let us know as soon as possible.

We will do our very best to resolve your complaint as soon as you get in touch with us:

By telephone: +31 70 221 0808 (Monday to Friday 09:00 to 17:00 excluding public holidays)

By email: service@yabandpay.com

By post: Compliance & Operations manager/YabandPay, Laan van Vredenoord 33, 2289DA Rijswijk, the Netherlands

 

Information we need from you

To assist us in understanding the nature of your complaint it would be helpful if you can provide us with the following information:

Full name, contact details & account details (if you are a customer)

Details regarding your concern or complaint

What you would like us to do to put it right

Any relevant documents to support your complaint

 

Investigating your complaint

We aim to resolve your complaint within 30 business days following the receipt of your complaint. Once a solution has been reached, we will confirm details in writing to you in writing.

We will process your complaint as soon as possible. However, there may be occasions when it will take longer to respond to your complaint. If this happens, we will send you an acknowledgement within 5 business days. This acknowledgement will include the name and contact details of the person handling your complaint. Your complaint manager will have no previous involvement in the complaint at hand.

In the unlikely event that we cannot respond to your complaint within 15 days, we will write to you to explain the reason why and when we expect to resolve it. We aim to send you a final response within 30 working days of your original complaint.

 

Not satisfied?

In case we do not come to an understanding, you can submit your case to a competent court or, if you are a consumer, the Dutch Financial Service Complaints Tribunal (Klachteninstituut Financiële Dienstverlening; Kifid). Please note that the Kifid does not accept cases where the complainant has not first tried to resolve the complaint with the service provider.

 

Get started

Create an account to get started with our smart payment solutions