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RULES OF PAYMENT INITIATION SERVICE PROVISION
Valid from August 2, 021
Provider of Payment Initiation Service – Contomobile UAB company code 304285884, address Tuskulėnų st. 33C-55, LT-09219 Vilnius, Lithuania, e-mail address email@example.com; Electronic Money Institution License No. 5, issued as of 29 November 2016, supplemented as of 30 January 2020; the licensing and supervisory authority is the Bank of Lithuania www.lb.lt; data relating to the Contomobile UAB are filed with the Register of Legal Entities of the Republic of Lithuania. More detailed information on the Contomobile UAB may be found at www.contomobile.com.
Payer – a natural person or a legal entity that initiates a payment order using Contomobile’s Payment Initiation Service.
Payment Initiation Service (PIS) –initiation of a payment order via Contomobile’s PIS at the request of the Payer from an account held by the Payer with a Payment Service Provider.
Payment Service Provider (PSP) – the financial institution that provides the payment account to the Payer, from which the Payer intends to execute a payment transaction initiated via Contomobile’s Payment Initiation Service (e. g. banks, other credit institutions, electronic money institutions, etc.).
Payee shall mean the client of Contomobile, i.e. a private individual or legal entity that collects payments for goods or services under the PIS contract and is stipulated as a beneficiary of funds in the payment order initiated by the Payer.
Other capitalised terms shall have the same meaning given on the Contomobile website.
1. Object of the rules
1.1. These Rules, which are made available to the Payer before using PIS, define the conditions for the provision of this service, the collection and use of the Payer's data for the purpose of providing the Payment Initiation Service, and the security and confidentiality of these data.
1.2. Contomobile does not charge the Payer for using the Contomobile Payment Initiation Service; however, the Payer may be subject to fees imposed by its PSP.
2. Features of the Payment Initiation Service
2.1. With the help of the Payment Initiation Service provided by Contomobile, the Payer, having selected the PSP that the Payer wishes to use for the payment transaction, will be redirected to the Internet bank site of the selected PSP. The Payer will connect directly to its PSP’s Internet bank facility.
2.2. After authentication via the PSP’s Internet bank facility, Contomobile will receive the following details about the Payer’s account(s): account number, account name, and account currency. The Payer will select the desired payment account to make the payment from. Contomobile shall generate a payment order for the Payer's selected account and forward it to the Payer's PSP for execution.
2.3. The Payer shall confirm the payment in the PSP’s Internet bank system and Contomobile shall notify the Payer of the acceptance of the payment for execution.
3. Consent to initiate PIS and execution of payment orders
3.1. PIS transaction shall be deemed to be authorised only if the Payer has given consent to execute the payment via PIS.
3.2. Each time that a Payer uses Contomobile’s PIS, the Payer will be provided with information about the PIS provider and given the opportunity to choose whether the Payer consents to use this service. By agreeing to use Contomobile’s Payment Initiation Service, the Payer will unilaterally initiate the submission of a Payment Order to its selected PSP on its own behalf, via Contomobile’s platform. The payment order may be revoked until the Payer confirms the initiated payment to PSP by using personalized security features.
3.3. If the Payer has multiple payment accounts with its selected PSP, the Payer must select the account from which the Payer intends to make the payment at the time of initiating the payment.
3.4. In the course of providing PIS to the Payer, Contomobile shall automatically generate a payment order based on the Payer's details provided, which will include:
3.4.1. The payment amount approved by the Payer at the time of initiating the payment order, which shall be specified by the online merchant / retailer (if the merchant / retailer is a Contomobile business customer that has integrated its website with Contomobile’s platform to enable customers to pay for goods and services via PIS);
3.4.2. The name of the Payee;
3.4.3. Payer and Payee account numbers;
3.4.4. The payment purpose.
3.5. The Payer confirms (authorizes) the payment order generated by Contomobile in its PSP Internet bank.
3.6. The Payer may not revoke a payment order after it has been authorized and submitted to the Payer's PSP, except for the exceptions provided by law.
3.7. Upon successful initiation of the payment order, Contomobile shall provide the Payer and Payee with confirmation of the proper initiation and successful execution of the payment order. Notifications are be provided via the Contomobile system and/or by e-mail (if an email address has been provided to Contomobile for this purpose). The notification information includes data allowing the Payer and the Payee to identify the payment transaction. In certain circumstances it may also include data that allow the Payee to identify the Payer based on the data that are transferred with the Payment transaction.
3.8. Contomobile shall notify the Payer via the Contomobile system and/or by e-mail (if an email address has been provided to Contomobile for this purpose) about an unsuccessful payment initiation immediately upon receiving notification from the Payer’s PSP about an unexecuted payment transaction.
3.9. When the Payer initiates a payment order, the payment shall be executed on the same working day if the accounts of the Payer and the Payee are held at the same PSP, and no later than the end of the next working day if the Payee's account is held at another PSP.
3.10. At providing PIS, Contomobile shall not hold the Payer’s funds in its accounts.
4.1. Contomobile shall assume full responsibility for the proper submission of the Payer’s payment order, initiated via PIS, to the PSP selected by the Payer, and for ensuring the security and confidentiality of the Payer’s submitted data.
4.2. If the Payer becomes aware of an unauthorised or incorrectly executed payment transaction initiated through Contomobile’s Payment Initiation Service, the Payer should refer the matter to its PSP in accordance with the procedures and agreements in place between the Payer and the PSP.
4.3. After the Payer has duly notified the PSP (i.e. in accordance with the terms of the agreements with the PSP), about an unauthorised or incorrectly executed payment transaction, the Payer's PSP should immediately (and in any event no later than the end of the next working day) refund the amount of the unauthorised or incorrectly executed payment transaction to the Payer and, where applicable, restore the balance on the payment account to the state it would have been in if the unauthorised or incorrectly executed payment transaction had not occurred.
5. Data security
5.1. To protect the confidentiality of the Payer’s data and the security of a payment transfer, Contomobile does not store any of the Payer’s data that relate to personalised security features (e.g. any unique identifier, password or payment order authorisation code) in its IT systems. All the personalised security data must be provided by the Payer directly during the payment initiation process.
5.2. All Payer’s data provided to Contomobile during payment initiation process are transferred to PSP using the SSL secured channel.
6. Personal data processing
6.1. During the PIS provision, Contomobile acts as the Payer's Personal Data Controller. Personal data are necessary for the execution of the PIS transaction and are obtained from all parties participating in the PIS – the Payer, the Payer's PSP and the Payee. Contomobile processes the received personal data of the Payer for the purpose of provision of the PIS. The legal basis for data processing is the implementation of the agreement with the Payer (Article 6 (1) (b) of the GDPR) and fulfilment of the requirements of the Law on Payments of the Republic of Lithuania and Law on the Prevention of Money Laundering and Terrorist Financing (Article 6 (1) (c) of the GDPR).
6.2. At providing PIS, Contomobile processes the following Payer's data: e-mail address (if the e-mail address was provided by the Payee), payment data, which include the date of payment; payment amount; payment currency; payment details; Payer's account number; Payer's PSP code; payment transaction ID and information on the successful or unsuccessful execution of the payment transaction.
6.3. During the payment transaction, the following data may be additionally received from the Payer or the Payer’s PSP, which are used only to generate and confirm the payment order: Payer's username / ID to connect to the selected PSP Internet bank with the chosen PSP, the Payer's account name, Payer's account currency, the Payer's consent for the collection of data from the Payer’s PSP for the purpose of initiating and authorising the payment transaction. These data are not retained by Contomobile after the payment initiation process has been completed.
6.4. For the purpose of fraud and money laundering prevention, PIS transaction technical data are also processed, including transaction ID, unique transaction ID, transaction end-to-end ID, payee transaction ID, payment status, confirmation callback, its status and type, session ID, information about the payer's device (device's IP address, information about the browser used and its version).
6.5. Contomobile processes personal data in compliance with the following provisions:
6.5.1. Contomobile will only collect data that are required in connection with the provision of PIS;
6.5.2. Contomobile does not store sensitive payment data of the Payer (i.e. data which can be used to commit fraud and which include personalised security data);
6.5.3. Contomobile does not use data for purposes other than the provision of the PIS;
6.5.4. Contomobile does not make any changes to the amount, the Payee, or other features of the payment transaction.
6.6. Contomobile ensures that there are implemented appropriate technical and organisational measures to protect personal data from accidental or unlawful destruction, alteration, disclosure, and any other illegal handling, as set forth in the legislation regulating the processing of personal data.
6.7. The personal data subject has the right to request access to their personal data stored by Contomobile, to receive information on how they are processed and to request copies of their personal data. Personal data will be provided by Contomobile free of charge once per calendar year, in other cases provision of data may be subject to a reasonable charge (that will not exceed the actual cost to us of providing the data).
6.8. The personal data subject is also entitled to ask Contomobile to correct any inaccuracies in their personal data free of charge or to request that Contomobile deletes, restricts, or transfers their data to the subject or another controller (provided that these rights are not limited by applicable law).
6.9. The personal data subject is also entitled to object to the processing of their personal data and the disclosure of personal data to third parties, except when it is necessary for the provision of PIS.
6.10. PIS payment transaction data are stored for 8 years from the execution date of the PIS transaction. This period may be extended under the provisions of law.
6.11. Any requests relating to personal data processing should be submitted by email to firstname.lastname@example.org. In the request, please ensure that you provide your name, surname, and full details about your request. Before processing of the request, Contomobile will contact you regarding the verification of your identity using reliable means of identification (identity documents, e-identification means). Failure to verify the identity of the applicant will result in the request not being processed.
6.12. Complaints regarding the processing of personal data may be submitted to the State Data Protection Inspectorate of the Republic of Lithuania.
7. Final provisions
7.1. If a Payer believes that Contomobile has breached the Payer’s rights, he is entitled to submit a complaint in accordance with our Complaints Policy.
7.2. The Payer may submit a complaint about payment services provided by Contomobile in writing via email.
7.3. Contomobile shall promptly consider any complaint from a Payer and will provide a formal response within 15 business days from the date of receipt. In exceptional cases, if it is not possible to provide a final response within 15 business days due to circumstances that are out of the control of Contomobile, Contomobile shall provide an initial response within 15 business days to explain the reason for the delay and when the Payer will receive a final response. In any case, the final response shall be provided within 35 working days.
7.4. If the Payer is not satisfied with the Contomobile final response, the Payer has the right:
7.4.1. submit a claim to the Bank of Lithuania at Totorių st. 4, LT-01121 Vilnius, or Žirmūnų st. 151, LT-09128 Vilnius, and/or via email email@example.com or firstname.lastname@example.org;
7.4.2. If the Payer is a consumer, they also have the right to contact the Bank of Lithuania in its capacity as an institution resolving consumer disputes out of court. More information on this service is available at https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
7.5. If a dispute cannot be settled amicably or by an out of court dispute resolution procedure, the dispute shall be settled by the courts of the Republic of Lithuania in accordance with the procedure established by the laws of the Republic of Lithuania.
7.6. These Rules shall become effective when the Payer initiates a payment order, using PIS provided by Contomobile. By using Contomobile’s payment initiation service, the Payer acknowledges having read and understood these Rules, and agrees to comply with them.
7.7. The interpretation and application of these Rules shall be governed by the law of the Republic of Lithuania.
7.8. Contomobile reserves the right to amend these Rules unilaterally at any time. Any amendments shall immediately come into force upon their publication. PIS users are advised to review the latest version of these Rules published on www.contomobile.com website before using Contomobile’s payment initiation services.