Additional general terms and conditions and data protection notice (DACH)

Contents

I. Additional general terms and conditions
II. Data protection notice from RatePAY GmbH and information on rejection for RatePAY payment methods


I. Additional general terms and conditions

1. Scope and general terms and conditions of use

The following additional general terms and conditions apply between the customer and the merchant for all contracts entered into with the merchant for which a RatePAY payment method is used. Please note that the validity of individual rules is dependent on the customer’s place of residence. These particular provisions will be set out in the following.

In any case of conflict, these additional general terms and conditions take precedence over any general terms and conditions of the merchant to the contrary.

Unless expressly stated otherwise, there is no contract between the customer and RatePAY GmbH (hereinafter referred to as “RatePAY”).

The use of RatePAY payment methods is only available to the following customers:

For customers whose place of residence is in Germany: Who are consumers in accordance with Section 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB) and are 18 years of age.

For customers whose place of residence is in Austria: Who are consumers in accordance with Section 1, Paragraph 1, Number 2 of the Consumer Protection Act (Konsumentenschutzgesetz; KSchG) and are 18 years of age.

For customers whose place of residence is in Switzerland: Who are consumers in accordance with Article 2, Paragraph 2 of the Price Disclosure Ordinance (Preisbekanntgabeverordnung; PBV) and are 18 years of age.

For business customers whose registered office is in Germany: Provided a corresponding agreement is in place between RatePAY and the merchant, purchase on account can also be offered to business customers within the meaning of Section 14 of the BGB. 

For business customers whose registered office is in Austria: Provided a corresponding agreement is in place between RatePAY and the merchant, purchase on account can also be offered to business customers within the meaning of Section 1, Paragraph 1, Number 1 of the KSchG.

The merchant reserves the right to perform credit checks on customers. For further details, please refer to the RatePAY data protection notice, which can be found below in this document under point II. If use of the RatePAY payment method chosen is not possible on account of insufficient creditworthiness or the merchant sales limit being achieved or the cross-merchant buyer sales limit, the merchant reserves the right to offer an alternative billing option.

The merchant shall be entitled to assign to third parties any accounts receivable from sales, together with all ancillary rights that arise with the use of a RatePAY payment method.

The receivables that arise from the use of a RatePAY payment method are assigned to RatePAY within the scope of a current factoring agreement and to Wirecard Bank AG for installment payment as the choice of payment method. Payments in discharge of liabilities can only be made to RatePAY, or to Wirecard Bank AG in the case of installment payments.

The ownership of goods is retained by the seller until payment of the purchase price has been made in full.

For customers whose place of residence is in Switzerland: RatePAY will not send a payment slip to the customer by post. Any customers wishing to settle the amount outstanding by payment slip should please use a plain red payment slip. Any postal charges incurred by paying in at the post office will be passed on to the customer.

2. RatePAY payment methods

With the support of RatePAY, merchants can offer a choice of the RatePAY payment methods listed below for customers buying online. Answers to frequently asked questions (FAQ) can be found on our website at

https://www.ratepay.com/kaeufer/faqs/.

2.1 RatePAY invoice

For customers whose place of residence is in Austria or Germany:

RatePAY open invoice is purchase on account. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction.

If the customer fails to pay an invoice by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible.

If the customer is in default, RatePAY reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB) for each reminder.

For customers whose place of residence is in Switzerland:

RatePAY open invoice is purchase on account. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction by the due date at the very latest.

If the customer fails to pay an invoice by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible.

If the customer is in default, RatePAY reserves the right to calculate a dunning charge of CHF 10.00 for the first reminder and a dunning charge of CHF 15.00 for the second reminder as well as default interest of five percentage points above the respective base rate of the European Central Bank (ECB). 

2.2 RatePAY direct debit

For customers whose place of residence is in Austria or Germany:

RatePAY direct debit is a purchase by SEPA direct debit. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction.

The SEPA direct debit mandate issued to RatePAY authorizes RatePAY to collect any payments to be made by the customer through the purchase by RatePAY direct debit by means of a SEPA direct debit from the current account and bank specified in the order process.

RatePAY will inform the customer by email that payment will be collected one day before the SEPA direct debit becomes due at the latest (pre-notification). Payment will be collected on the date specified in the pre-notification at the earliest. It is possible that payment will be collected at a later date shortly after.

If, between the invoice being issued, the pre-notification and the due date, the purchase price is reduced (for example, by credit notes) then the amount debited may differ from the amount specified in the invoice or pre-information.

It is the customer’s duty to ensure that the current account has sufficient funds to cover the payment on the date the payment becomes due. The customer’s bank is not obligated to honor the direct debit if the current account does not contain sufficient funds.

If the direct debit is returned due to a lack of necessary funds in the current account, an unjustified rejection by the account holder or the current account being closed, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible.

The charges levied against RatePAY by the customer’s bank in the event of a returned direct debit plus a reasonable administration fee will be passed on and must be paid by the purchaser.

If the customer is in default, RatePAY reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB).

Given the high costs that are associated with a returned direct debit, we request that customers do not reject the SEPA direct debit in the event of withdrawal from the purchase contract, returns or complaint. In these cases, please coordinate with the merchant to arrange a refund of payment by reverse transfer of the corresponding amount or by means of a credit note.

For customers whose place of residence is in Switzerland: RatePAY direct debit is not available for customers whose place of residence is in Switzerland.

2.3 RatePAY prepayment 

RatePAY prepayment is executed by prepayment. The customer will receive an invoice which must be paid within a period of time as specified by the merchant and will be due for payment without deduction. After a period of 14 days following the payment due date, RatePAY is no longer obligated to accept the payment for purposes of fulfilment. Shipment of goods will take place as soon as the full invoice amount has been transferred to the specified account.

2.4 RatePAY instalments

For customers whose place of residence is in Austria or Germany: 

RatePAY instalment payment is paying off the purchase price in monthly installments. For this method, monthly instalments must be paid over a fixed agreed term, with the final installment potentially differing from previous instalments. Instalment payments can be transferred via standing order or SEPA direct debit.

RatePAY instalment payments are handled in cooperation with Wirecard Bank AG. Accounts receivable are assigned to Wirecard Bank AG in Aschheim, Germany, within the scope of a current factoring agreement. Payments in discharge of liabilities can only be made to Wirecard Bank AG.

If the option of RatePAY instalment payment with SEPA direct debit is chosen, the instalment payments are collected on the respective due date from the customer’s bank account specified in the order process. Any SEPA direct debit mandates issued to Wirecard Bank AG authorize Wirecard Bank AG to collect payments from the bank account specified.

Wirecard Bank AG or RatePAY will inform the customer by email that payment will be collected one day before the SEPA direct debit becomes due at the latest (pre-notification). Payment will be collected on the date specified in the pre-notification at the earliest. It is possible that payment will be collected at a later date shortly after.

If, between the instalment plan being created, the pre-notification and the due date, the purchase price is reduced (for example, by credit notes) then the amount debited may differ from the amount specified in the instalment plan or pre-information.

It is the customer’s duty to ensure that the current account has sufficient funds to cover the payment on the date the payment becomes due. The customer’s bank is not obligated to honor the direct debit if the current account does not contain sufficient funds.

If the direct debit is returned due to a lack of necessary funds in the current account, an unjustified rejection by the account holder or the current account being closed, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible. 

The charges levied against Wirecard Bank AG by the customer’s bank in the event of a returned direct debit plus a reasonable administration fee will be passed on and must be paid by the purchaser. In the case of returned direct debit, Wirecard Bank AG is authorized to switch the payment method to bank transfer.

Given the high costs that are associated with a returned direct debit, we request that customers do not reject the SEPA direct debit in the event of withdrawal from the purchase contract, returns or complaint. In these cases, please coordinate with the merchant to arrange a refund of payment by reverse transfer of the corresponding amount or by means of a credit note.

For further important details of the instalment plan for the customer’s planned purchase with the merchant (term, instalment amount, borrowing rate, effective annual percentage rate, total sum, etc.), please refer to the instalment calculator which is made available to customers during the order process so as to define the conditions. As far as possible, this takes into account customer’s requests in relation to the instalment amount and term. The instalments agreed in the course of the order process are generally due on the 28th of each month for the duration of the payment term. The first installment is due in the first month following the invoice date.

If the customer fails to pay an instalment by the due date at the very latest, the customer shall be deemed in default, without a separate reminder, unless payment did not take place due to circumstances for which the purchaser is not responsible.

If the customer is in default, Wirecard Bank AG reserves the right to calculate an appropriate dunning charge and default interest of five percentage points above the respective base rate of the European Central Bank (ECB) for each reminder.

In the case of a partial return, the purchase price amount is reduced and RatePAY will issue a new instalment plan to the customer. The amount of the monthly instalments will remain the same, with just the instalment term being shortened.

Below is an example of how an instalment plan for RatePAY installment payment might be structured and which also reflects requirements 2 and 3 as set out in Section 6a Paragraph 3 of the Price Indication Ordinance (Preisangabenverordnung; PAngV).

Example of instalment plan:

Order:
Delivery:
Due date:
Cash price:
Signing fee
Borrowing rate p.a. (fixed):
Term:
1 January 201
10 January 2015
on 28th
EUR 300.00
EUR 9.95
13,70%
6 months
No. Term Repayment
amount
Interest
amount
Signing fee Instalment Remaining debt
1 28 February 2015 EUR 46.94 EUR 5.32 EUR 0.66 EUR 52.92 EUR 256.35
2 28 March 2015 EUR 49.54 EUR 2.72 EUR 0.66 EUR 52.92 EUR 206.15
3 28 April 2015 EUR 50.07 EUR 2.19 EUR 0.66 EUR 52.92 EUR 155.42
4 28 May 2015 EUR 50.61 EUR 1.65 EUR 0.66 EUR 52.92 EUR 104.15
5 28 June 2015 EUR 51.15 EUR 1.11 EUR 0.66 EUR 52.92 EUR 52.34
6 28 July 2015 EUR 51.69 EUR 0.56 EUR 0.66 EUR 52.92 EUR 0.00

The first instalment to be paid under this instalment plan is: EUR 52.92

Link to instalment calculator: https://www.ratepay.com/ratenrechner/.

For customers whose place of residence is in Switzerland: RatePAY instalment payment is not available for customers whose place of residence is in Switzerland.

 

II. Data protection notice of RatePAY GmbH / Information regarding the rejection of RatePAY payment methods

1. Why RatePAY processes your data

When placing an order, a trader will provide you with one or more so-called RatePAY payment methods. If you choose one of these payment methods, the trader will then work together with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter “RatePAY”), who will support the trader in determining the probability of proper payment. In order to carry out these risk checks, the traders submit your data to RatePAY. Once the risk check comes back positive (i.e with no problems identified), the selected RatePAY payment type is approved by the trader. As a result, RatePAY assumes liability for your payment to the trader. The purchase price is then paid directly to us by you under the terms of payment applicable to the respective RatePAY payment method.

Please understand that RatePAY payment methods cannot be provided without the processing of your data. Conversely, it goes without saying that data are only processed if you choose a RatePAY payment type.

With regard to fulfilling the purchase price payment, RatePAY is responsible for the credit check and subsequent data processing. We have no influence on the way the trader processes data. 

Please also make sure to note the data protection declaration of the trader.

2. What data are involved

For the purposes mentioned above, RatePAY collects and processes the following aspects of your data:

  • Personal data: Name (title, first name(s), surname), date of birth, address, email address and telephone number
  • Account information (RatePAY direct debit): Account holder, account number, sort code, bank, (IBAN, BIC/Swift)
  • Order information: Data regarding your current, previous and/or future orders with both the trader and other online shops with whom RatePAY cooperates. These data includes, for example, information about the products and payment methods you have selected.
  • Data regarding creditworthiness: Data, in particular that from credit agencies and other cooperation partners, that provides information about your creditworthiness, such as information about any titled claims against you and other creditworthiness data, with each instance of such data only being used as long as they are permitted under the relevant data protection regulations.
  • Technical data: Data concerning the configuration of terminal devices employed by the user, e.g. IP address, browser version, language settings (“device-specific data”) and data on the use of the web pages of the trader.

Most of the data we collect come from the trader with whom you conclude a contract. In addition, as a measure to combat fraud, creditworthiness data are collected from credit agencies and information is collected from service providers.

3. Risk check at RatePAY

When carrying out a risk check, we process your data to determine whether you are able to meet your payment obligations, thereby protecting us from bad debts and you from over-indebtedness.

The scope of the risk check depends on the selected payment method. The greater the risk of non-payment for the chosen RatePAY payment method, the more in-depth our risk assessment will be.

There is a low risk when paying in advance, and so no risk check is carried out when paying this way. Other methods of payment, where the goods are shipped before the full purchase price is paid (so-called “uncertain method of payment”), conversely require a detailed risk check.

When it comes to concluding a contract using an uncertain RatePAY payment method, the risk check is a prerequisite, and so associated data processing takes place for concluding and executing the contract that you have concluded with the trader, and thus on the basis of art. 6, par. 1 letter b GDPR. Provided you also give your consent, the processing shall also be carried out in accordance with art. 6 par. 1 letter a GDPR.

Risk check for RatePAY payment types

During the RatePAY risk check, which is carried out based on your selection of an uncertain payment method, RatePAY determines the probability of default (the “result”). The “result” is determined on the basis of our experience in processing online payments using a mathematical-statistical evaluation of the following data:

  • Information on the current order (purchase price, buyer, shopping cart amount, technical data)
  • Information on orders already made using a RatePAY payment method
  • Information about your address
  • Information from credit agencies, so-called credit scores (e.g. Schufa) and negative credit information

On the basis of the result, it will be left to the traders to make the decision as to whether the desired uncertain payment method can be offered to you. In addition, RatePAY provides the trader with information on whether the risk check was positive or negative. At no time does the trader have access to the data on which the risk assessment is based.

Cooperation with credit agencies

In addition to the other data categories listed above, the result is also based on scores from credit agencies. In order to receive these credit scores, RatePAY first submits the data related to the conclusion of your contract (in particular the application and acceptance of the contract with the merchant) to the credit agencies. As part of the risk assessment, this data submission and collection process also takes place for the conclusion of the trader contract and is therefore in accordance with Art. 6 par. 1 letter b GDPR.

With regard to the RatePAY payment method, if the payment to us is not processed properly, then we will submit information on this non-payment to credit agencies. This act of processing serves the interest of all participants in commercial transactions when it comes to avoiding non-payment and over-indebtedness of consumers and debtors. The processing is therefore also carried out on the basis of Art. 6 par. 1 letter f GDPR.

 

We currently collect and submit creditworthiness data to/from the following credit agencies:
SCHUFA Holding AG In accordance with art. 14 of the EU General Data Protection Regulation, information regarding the data processing that takes place at  SCHUFA Holding AG can be found here:

https://www.schufa.de/de/datenschutz-dsgvo/

Creditreform Boniversum GmbH In accordance with art. 14 of the EU General Data Protection Regulation, information regarding the data processing that takes place at Creditreform Boniversum GmbH can be found here:

www.boniversum.de/EU-DSGVO

CRIF Bürgel GmbH In accordance with art. 14 of the EU General Data Protection Regulation, information regarding the data processing that takes place at CRIF Bürgel GmbH can be found here:

https://www.crifbuergel.de/de/datenschutz

CRIF AG Information regarding the data processing that takes place at CRIF AG

can be found here:

https://www.crif.ch/datenschutz/

CRIF GmbH In accordance with art. 14 of the EU General Data Protection Regulation, information regarding the data processing that takes place at CRIF GmbH can be found here:

https://www.crif.at/datenschutzerklaerung/

Regis24 GmbH In accordance with art. 14 of the EU General Data Protection Regulation, information regarding the data processing that takes place at Regis24 GmbH can be found here:

www.regis24.de/informationen

InterCard AG Information regarding the data processing that takes place at InterCard AG can be found here:

https://www.intercard.de/de/karteninhaber/datenschutzinformationen

creditPass GmbH Information regarding the data processing that takes place at creditPass GmbH can be found here:

https://creditpass.de/service/datenschutz/

Bisnode Austria Holding GmbH Information regarding the data processing that takes place at Bisnode Austria Holding GmbH can be found here:

https://www.bisnode.at/daten-und-sicherheit/

Bisnode D&B Schweiz AG Information regarding the data processing that takes place at Bisnode D&B Schweiz AG can be found here:

https://www.bisnode.ch/datenschutz/

Experian Nederland B.V. Information regarding the data processing that takes place at Experian Nederland B.V. can be found here:

http://www.experian.nl/privacy-statement/

and here:

http://www.experian.de/rechtliches/datenschutz.html

4. Data processing during contract execution

For the purpose of acquiring the assumption of the payment obligation and subsequent payment processing via RatePAY, as well as for the general establishment contact that is necessary in a contractual context, we process your data to the extent that is necessary on the basis of art. 6 par. 1 letter B GDPR. Notably, we process your account details to, for example, honour a direct debit, and we process your address and email address so that we can send you an invoice. Where necessary, we submit these data to banks and payment service providers who process payments for us.

For the purpose of asserting a claim for an unpaid amount, RatePAY can submit your data to collection agencies, who will then take over the collection procedure regarding debts. This procedure is based on art. 6 par. 1 letter f GDPR.

For group management purposes, we may submit your data to group companies. Among other things, this serves the purposes of liquidity planning and consolidation and is based on art. 6 par. 1 letter f GDPR.

In some cases, we will also keep the trader up to date on whether the claim has been settled. The traders need this information in order to be able to assess the possible validity of warranty claims and to be able to provide you with customer service. The act of processing is therefore based on art. 6 par. 1 letter f DPR (justified interest).

5. Fraud prevention

In order to prevent misuse of your data and financial damages, we process your data in order to detect fraudulent acts by identifying unusual usage patterns. In order to carry this process out, we submit your data to a service provider, who subjects your technical data and the order data to a plausibility check. This is done for a variety of purposes, with one example being to evaluate orders that are to be delivered to an address that is different from the address you normally have goods sent to. In concrete terms, fraud prevention is based, among other things, on information related to

(a) whether the user’s terminal device is currently communicating or has recently communicated via a proxy connection,

(b) whether the terminal device has recently connected to the internet using a different internet service provider,

(c) whether the terminal device had or has a frequently changing geo reference,

(d) how many Internet transactions have been made through the device recently (but it is not clear what type of transactions have been made) and

(e) how likely it is that the terminal device stored in the service provider’s database is actually owned and employed by the user.

The service provider is bound to our instructions by a data protection contract and does not process the data for his or her own purposes.

6. Service providers and submission of data outside the EU

For the purpose of establishing contact within the scope of customer satisfaction (e.g. by email), we use service providers in order to save costs through automated processes. To ensure that your data are also protected in these instances as well, we have obliged these service providers to process your data exclusively on the basis of instructions given by us.

Some of these service providers are based outside the European Economic Area. If a submission of data takes place outside the EEA, and there is no arrangement in place from the European Commission, or if an American service provider does not have Privacy Shield certification, then we will use standard contractual clauses adopted by the European Commission.

7. Retention and further use of your data

 RatePAY retains the data that we collect from you during the process of contract initiation- and execution for a period of 3 years. The period begins at the end of the year in which the contract was concluded or at least initiated and is consistent with the statutory limitation period for civil law claims. In this way, we ensure that we are retaining essential evidence in the event of a dispute for a long enough period of time. In this respect, retention shall be in accordance with art. 6 par. 1 letter f GDPR.

Credit-worthiness data, including the result and the data on which the evaluation is based, are retained for 12 months after permission to use an uncertain payment method has been granted. This ensures that, should you decide to use a RatePAY payment type again, the evaluations will be included in risk assessments and taken into account. This ensures that our risk assessment is always based on up-to-date information, which is also in your interest. In the event that an uncertain payment method is not permitted, your data from the respective order will be retained for 48 hours. Access to these data is subject to strict restrictions. In principle, our employees have no access to credit-worthiness information.

After the retention period has expired, your personal data will be completely blocked, and after the commercial and tax law and/or other legal storage obligations applicable to us have expired, the data will ultimately be deleted or anonymised. Conclusions on your person will thus be no longer possible based on these data. However, the anonymised data help us to constantly optimise our risk assessment processes and our business model. The act of retaining and subsequently anonymising the data is therefore in our legitimate interest, art. 6 par. 1 letter f GDPR.

8. Your rights regarding data processing

Right to information as to what parts of your data we process (Art. 15 GDPR);

You have a right to information about which aspects of your data are processed by us, as well as further information according to art. 15 GDPR in connection with data processing. Upon request, we will be happy to provide you with the relevant data and information and to make a copy of these data available to you.

Right to have your data corrected (Art. 16 GDPR);

You have the right to demand that your data be corrected if they are incorrect or incomplete (when considering the purposes of the processing).

Right to erase (Art. 17 GDPR);

You have a right to demand your data be erased if they are no longer needed, if the processing is not lawful or in other instances when Art. 17 GDPR apply. In these instances, we will delete your data immediately.

Right to restrict the processing of your data (Art. 18 GDPR);

You have the right to restrict your data in the instances mentioned in Art. 18 GDPR. This includes, among other things, if we process data in places or to such an extent that data processing is no longer legally justified. In addition, it may be the case that data are subject to a retention obligation, meaning we are therefore not allowed to readily delete them. In this instance, we will limit processing to the greatest possible extent. Restriction usually means that the data are retained but can no longer be accessed by employees.

Right to data portability (Art. 20 GDPR);

The right to so-called data portability allows you to receive data about you that you yourself have provided to us and to have them submitted by us. You will receive the data in the format set out by Art. 20 GDPR. However, data that we obtain through the act of processing itself (so-called processing results) are excluded from publication.

Right to object to the processing operations underpinned by art. 6, par. 1, page 1 letter f GDPR (Art. 21 GDPR);

We stop the processing of data that is carried out on the basis of art. 6 par. 1, page 1 letter f GDPR if you object to this and the objection is justified.

Right of revocation;

You can revoke your consent, which was given to us when you entered into the dealership contract, at any time by contacting your adviser directly, e.g. by email or telephone. If you revoke your consent, your data will no longer be processed on the basis of the consent. The permissibility of data processed before you removed your consent remains unaffected by the revocation, as does the permissibility of data processed under other legal bases.

You also have a right to appeal to the responsible supervisory authority (Berliner Beauftragte für Datenschutz und Informationsfreiheit/Berlin Commissioner for Data Protection and Freedom of Information).

 

 

9. Information on rejection of RatePAY payment types

More information on the risk check and the possible reasons for rejecting the RatePAY payment types can be found

at:

https://www.ratepay.com/service-center-kaeufer/bestellwunsch-b2c (for users)

and

https://www.ratepay.com/service-center-kaeufer/bestellwunsch-b2b (for companies)

10. Contact and Data Protection Officer

 You can contact us or our external data protection officer at any time at the following email address: datenschutz@ratepay.com

RatePAY GmbH Data Protection Officer
Franklinstraße 28-29

10587 Berlin

 

ISiCO GmbH

Am Hamburger Bahnhof 4

10557 Berlin

 

May 2018

Download Drucken