INTRODUCTION

This Privacy Policy governs the manner in which ArcaPay UAB (henceforth, "ArcaPay"/ "us") collects, uses, maintains and discloses information collected from users (each, a "User"/ "you") of the arcapay.com website ("Website" or "Site"). This Privacy Policy applies to the Site and all products and services offered by ArcaPay UAB.

This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand the types of information we collect from you, how we use that information and the circumstances under which we might share it with third parties. By visiting and using our website you are accepting and consenting to the practices described in this Policy.

For the purpose of the relevant data protection legislation, the data controller is ArcaPay UAB, company number 305689591, registered office address at Konstitucijos pr. 21B, Vilnius, LT-01830 Lithuania. ArcaPay UAB fully complies with the General Data Protection Regulation (“GDPR”). If you require further information on your rights under the GDPR, please visit the Data Protection Instectorate's website at www.ada.lt.

INFORMATION AND DATA WE COLLECT

We may collect and use the following data about you, depending on whether you are:

• a visitor of our Website using any of our services, such as Sanctions screening tool;
• a job applicant;
• an employee or contractor of ArcaPay;
• a former employee or contractor of ArcaPay;
• a prospective client of ArcaPay whom ArcaPay has identified through its market searches and/or contacts as possibly interested in our services;
• a prospective client of ArcaPay who requested our services to use either personally or on behalf of his/her organisation as an employee, contractor, officer or other authorised representative;
• an existing client of ArcaPay and, where applicable, its employee, contractor, officer or other authorised representative;
• a former client of ArcaPay and, where applicable, its employee, contractor, officer or other authorised representative;
• an ultimate beneficial owner of a prospective, existing, or former client of ArcaPay;
• payee of our client whose payment transaction we were instructed to process;
• our business partner or introducer and, where applicable, its employee, contractor, officer or other authorised representative;
• our supplier and, where applicable, its employee, contractor, officer or other authorised representative.

Information you give us. You may give us information about you by filling in forms when registering or using our Services or via correspondence, e.g. email or telephone. The information you give us may include your name and surname, postal and email address, phone number, date of birth or personal code, data from the ID document you provided for your identification (citizenship, document number, data and place of issuance, place of birth, your picture, etc.), financial information (e.g. bank account information), your relation to any of the companies (being a shareholder, executive, representative, etc., company name, your job title), payment reason, geographical location. We may also need additional commercial and/or identification information from you, e.g. if you send high-value transactions or as needed to comply with our anti-money laundering obligations under applicable law.

Information we collect about you. This includes details of the transactions you carry out when using our Services, geographic location from which the transaction originates and the Internet protocol (“IP”) address used to connect your computer to the Internet, Uniform Resource Locators (“URL”) clickstream to, through and from our Website, and technical information such as your browser type and version, time zone setting, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), browser plug-in types and versions, operating system and platform, as well as user names and passwords.

We may also collect information about you from other sources, including but not limited to: official registers (e.g. corporate registries), social media, credit reference agencies, sanction and PEP screening and fraud prevention agencies and business directories or other publicly available sources.

USES MADE OF THE INFORMATION

We may use the information collected for the following purposes:

1. To carry out our obligations relating to your contracts with us and to provide you with the information, products and services that you request from us.
2. To comply with any applicable legal and regulatory requirements.
3. To notify you about changes to our Services.
4. To administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
5. To improve our Services.
6. To measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you.
7. To keep our Website safe and secure.
8. To establish, exercise or defend our legal rights, including where we reasonably consider it is in our legitimate interests.

DATA PROCESSING

Personal data is processed both manually and electronically in accordance with the above-mentioned purposes and in compliance with current regulations. We only permit authorised ArcaPay employees and third-party processors to have access to your information. Such employees and third-party processors are appropriately designated and trained to process data in line with our policies and procedures.

SHARING YOUR INFORMATION WITH OTHERS

We may share your personal information with our ArcaPay group companies where it is in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of our services to our customers, corporate strategy, compliance, auditing, monitoring, quality assurance, improvement of our services, statistical purposes etc).

We may also share your personal information with our service providers and subcontractors, including but not limited to payment processors, banking and financial institutions for the fulfillment of financial transactions, as well as the Central Bank of Lithuania and any other legal, regulatory or governmental institution that we are required to disclose information to.

CROSS-BORDER TRANSFERS OF PERSONAL DATA

ArcaPay group of companies operate in multiple jurisdictions. Personal information may be transferred, accessed and stored globally as necessary for the uses stated above and in compliance with local regulations.

Occasionally, personal data may be transferred to or processed in locations outside of the European Union (“EU”), some of which may have not been determined by the European Commission to have adequate level of data protection. In such cases, we take measures designed to provide the level of data protection required in the EU, including ensuring that data transfers are governed by the requirements of the Standard Contractual Clauses adopted by the European Commission, or another adequate transfer mechanism.

If we receive a request to disclose personal data from a law enforcement agency or regulatory body, we carefully validate such requests, including reviewing the legality of any order and challenging the order if there are grounds under the law to do so, before any personal data is disclosed.

PROTECTING YOUR INFORMATION

We adopt appropriate data collection, processing, storage, and data security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Our data processing technologies are professionally hosted by a company that specialises in hosting solutions. When you provide sensitive information to us, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we use strict procedures and security features to prevent unauthorised access.

All data is stored encrypted in the database format and the minimum is kept as required by applicable laws and regulations, as well being securely destroyed when data is no longer necessary for the purposes of the data processing.

EXECUTING YOUR RIGHTS TO DATA

Your rights in relation to your personal information processing are as follows:

1. Right of access. You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation if your personal information is being processed by ArcaPay; details about how and why we process your personal information; details of measures we implement if we transfer your information outside of the European Economic Area (EEA).
2. Right to update your information. You have a right to request an update to any of your personal information which is out of date or incorrect.
3. Right to delete your information. You have a right to ask us to delete any of your personal information which we are processing, where we are not required by law to retain it.
4. Right to restrict use of your information. You have a right to ask us to restrict the way we use your personal information, e.g. for marketing and advertising.
5. Right to data portability. You have a right to request us to provide your personal information to a third party provider of service.
6. Right to object. You have a right to object to data processing where we process your personal information on the basis of your consent or our legitimate interest.
7. Right to withdraw consent. For the processing activities where we have asked you for consent, you have the right to withdraw your consent at any time.
8. Right to be informed. You have the right to be informed why and how we collect your personal data, how we will use this information, who we share it with, what are the security measures we take to protect this information and what your individual rights are.
9. Right to not be subject to automated decision making, including profiling. Subject to exceptions, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention. We do not envisage (i) that any decisions will be taken about you using solely automated means, and/or (ii) that we will undertake any profiling of your personal data. However, we will notify you in writing if this position changes and will inform you of your rights as required by the applicable law.

To execute your GDPR rights please contact us via email [email protected] from the email address you are registered with on arcapay.com. We’ll acknowledge the receipt of your request shortly and respond to your request within 30 calendar days, unless we tell you we are entitled to a longer period allowed by applicable law.

However, please note that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with legal requirements and our own legal obligations or to establish, exercise or defend legal claims.

As a regulated business ArcaPay has an obligation to retain customers’ personal data as well as additional documents for preventing, detecting and investigating possible cases of money laundering and terrorist financing. To comply with regulatory requirements, a copy of the documents and customer’s personal information will be stored in our system for a period of eight years after the end of the business relationship with the customer or after the date of an occasional transaction. Please be aware that anti-money laundering and counter-terrorism financing regulatory requirements overrule the GDPR requirements.

If a customer’s request is manifestly unfounded or excessive, we reserve the right to refuse to act on the request or impose an administrative fee. If you think your rights are not fulfilled properly, you can always contact our Data Protection Officer (DPO) at [email protected].

COOKIES POLICY

Cookies are a small piece of information saved in your browser storage. They are used to improve the user experience in pages and help third party services to work properly. ArcaPay uses cookies on its website. Private data is never stored in cookies, only anonymous identifiers or other preferences. Data retention depends on the cookie policy but not will not be more than 24 months. Please refer to our Cookie Policy for further information.

MARKETING COMMUNICATION PREFERENCES

We communicate with our clients about new products or services, special offers, newsletters, and other marketing announcements. You can always change your preference in your profile settings and configure specific channels you wish to receive marketing communication through.

Transactional information, e.g. information about received money, document requests and/or other information related to our core services, and updates to our policies or T&Cs applicable to you is not part of marketing communication and thus cannot be disabled.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on the Website and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy.

FURTHER QUESTIONS AND HOW TO FILE A COMPLAINT

If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact us by email [email protected]. We will investigate and attempt to resolve your complaint regarding your data processing.

You may also make a complaint to the Lithuanian State Data Protection Inspectorate, L.Sapiegos g. 17, Vilnius, email [email protected].