Additional GTC for RATEPAY payment methods and data protection notice of RatePAY GmbH

  • Additional Terms and Conditions for the use of RATEPAY payment methods
    1. AREA OF VALIDITIY AND GENERAL TERMS AND CONDITIONS OF USAGE
      1. RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin, Germany, registered with the District Court of Charlottenburg (Berlin) under Ref. No. HRB 124156 B, (“we”, “us”, “RATEPAY”) offers individual solutions in the field of online payment for a large number of business enterprises who, in their turn, offer their customers goods or services online (“ONLINE MERCHANTS”). ONLINE MERCHANTS in particular have the possibility of incorporating the RATEPAY payment methods in their online shops and offering them to their customers as a further option. When RATEPAY payment options are used, RATEPAY also assumes the default risk for the claims resulting from contracts concluded between the ONLINE MERCHANT and its customers previously ceded to RATEPAY by the ONLINE MERCHANT.
      2. These additional Terms and Conditions apply between you and the ONLINE MERCHANT for all order processes for which a RATEPAY payment method is available and provided that you agree to the MERCHANT´S terms and conditions. Please pay attention to the fact that the provisions of these additional General Terms and Conditions apply in addition to the terms and conditions agreed between you and the ONLINE MERCHANT (“PARTICULAR CONDITIONS”), inasmuch as no mandatory legal provisions for the protection of consumers of the State in which you have your place of residence should find application.
      3. In the event of a dispute these additional General Terms and Conditions shall take precedence over other deviating terms and conditions of the ONLINE MERCHANT.
      4. No contract shall come into being between you and RATEPAY inasmuch as nothing to the contrary is explicitly stated.
      5. Declaration pertaining to alternative arbitration in consumer matters: RATEPAY is neither prepared nor obliged to participate in arbitration procedures in front of a consumer arbitration board.
      6. The ONLINE MERCHANT reserves the right to review your creditworthiness in cooperation with RATEPAY. Further details may be gathered from the INFORMATION ON DATA PROTECTION AND ON DATA PROCESSING, which you will also find on our website.
      7. Should, due to insufficient creditworthiness or the reaching of the sales threshold limit of the ONLINE MERCHANT or the customer’s sales threshold limit for all ONLINE MERCHANTS, the use of the RATEPAY payment method selected by you not be possible, the ONLINE MERCHANT reserves the right to offer an alternative possible method of payment.
      8. The ONLINE MERCHANT is entitled to assign to third parties all claims including all secondary rights connected therewith that come into being when a RATEPAY payment method is used.
      9. The claims that arise from the use of a RATEPAY payment method shall be ceded in the context of an ongoing factoring agreement to RATEPAY, in the event of using the payment method RATEPAY payment by instalments to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany (“WIRECARD BANK”). Payments with discharging effect can only be made to RATEPAY, should the method RATEPAY payment by instalments be used, only to WIRECARD BANK.
      10. In the event of contracts about the purchasing of goods the following applies: proprietary rights to the goods remain reserved until such time payment has been effected in full.
      11. RATEPAY methods of payment are at your disposal in online shops in which the ONLINE MERCHANT sets itself up with its services offered in Germany (“ONLINE-SHOPS DE”) or in Austria (“ONLINE-SHOPS AT”) or in Switzerland (“ONLINE-SHOPS CH”) or the Netherlands (“ONLINE-SHOPS NL”).
      12. PARTICULAR CONDITIONS for the use of RATEPAY payment methods in ONLINE-SHOPS DE:
        1. As a consumer as defined in Section 13 BGB (German Civil Code), it is possible for you to use RATEPAY payment methods inasmuch as you have reached the age of 18.
        2. As a business customer as defined in Section 14 BGB it is possible for you to use RATEPAY payment methods inasmuch as a corresponding agreement has been concluded between RATEPAY and the ONLINE MERCHANT.
      13. PARTICULAR CONDITIONS for the use of RATEPAY payment methods in ONLINE-SHOPS AT:
        1. As a consumer as defined in Section 1 Para. 1 No. 2 KSchG (Austrian Consumer Protection Act) it is possible for you to use RATEPAY payment methods inasmuch as you have reached the age of 18.
        2. As a business customer as defined in Section 1 Para. 1 Nr. 1 KSchG it is possible for you to use RATEPAY payment methods inasmuch as a corresponding agreement has been concluded between RATEPAY and the ONLINE MERCHANT.
      14. PARTICULAR CONDITIONS for the use of RATEPAY payment methods in ONLINE-SHOPS CH:
        1. As a consumer as defined in Art. 2 Abs. 2 PBV (Swiss Price Indication Ordinance) it is possible for you to use RATEPAY payment methods inasmuch as you have reached the age of 18.
        2. As a business customer as defined in Section 10 Para. 1 to MWSTG it is possible for you to use RATEPAY payment methods as a corresponding agreement has been concluded between RATEPAY and the ONLINE MERCHANT.
        3. Should you wish to pay the due amount by payment slip, please use a red blank payment slip. RATEPAY will not be sending you a payment slip through the post. Any postal charges that are incurred by payment at the post office counter will be charged on to you.
      15. PARTICULAR CONDITIONS for the use of RATEPAY payment methods in ONLINE-SHOPS NL:
        1. As a consumer according to Book 7, Article 7:5, No. 1 Burgerlijk Wetboek (Dutch Civil Code) it is possible for you to use RATEPAY payment methods inasmuch as you have reached the age of 18.
        2. As a business customer (these do not act as consumers according to Book 7, Article 7:5, No. 1 Burgerlijk Wetboek) it is possible for you to use RATEPAY payment methods inasmuch as a corresponding agreement has been concluded between RATEPAY and the ONLINE MERCHANT..
    2. RATEPAY PAYMENT METHODS
      1. For the purchasing of goods or the availment of services on the internet, the ONLINE MERCHANT, with the support of RATEPAY, is able to offer you the payment methods RATEPAY payment by invoice, RATEPAY payment by SEPA direct debit, RATEPAY prepayment and RATEPAY payment by instalments.
        The availability of the RATEPAY payment methods offered to you for use by the ONLINE MERCHANT depends on whether a corresponding agreement has been concluded between RATEPAY and the ONLINE MERCHANT for the respective RATEPAY payment methods and the respective RATEPAY payment method has been incorporated in the online shop of the ONLINE MERCHANT.
        You will find the answers to frequently asked questions (FAQ) on our website.
      2. PARTICULAR CONDITIONS for the use of the RATEPAY payment method RATEPAY payment by invoice
        1. The following applies to use of the payment method RATEPAY payment by invoice in ONLINE-SHOPS DE, in ONLINE-SHOPS AT and in ONLINE-SHOPS NL:
          1. In choosing RATEPAY payment by invoice you decide in favour of payment by invoice. You will receive an invoice or a separate payment request, which shall become due for payment without deductions within a period determined by the ONLINE MERCHANT.
          2. Should you, subsequent to the receipt of the invoice or of the separate payment request, not have paid by the due date thereof at the very latest you will be in default without the need for any separate reminder, unless the failure to pay should be the result of a circumstance for which you do not bear the responsibility.
          3. Should you be in default, RATEPAY shall be entitled to charge an appropriate fee for each reminder as well as default interest amounting to five percentage points above the respective basic rate of interest of the European Central Bank.
        2. The following applies to use of the payment method RATEPAY payment by invoice in ONLINE-SHOPS CH:
          1. In choosing RATEPAY payment by invoice you decide in favour of payment by invoice. You will receive an invoice or a separate payment request, which shall become due for payment without deductions within a period determined by the ONLINE MERCHANT, at the expiry date at the very latest.
          2. Should you, subsequent to the receipt of the invoice or of the separate payment request, not have paid by the expiry date thereof at the very latest, you will be in default without the need for any separate reminder, unless the failure to pay should be the result of a circumstance for which you do not bear the responsibility.
          3. Should you be in default, RATEPAY shall be entitled to charge a fee of CHF 10.00 for the first reminder and of CHF 15.00 for the second reminder as well as default interest amounting to five percentage points above the respective basic rate of interest of the European Central Bank.
        3. PARTICULAR CONDITIONS for the use of the RATEPAY payment method payment by SEPA direct debit
          1. The following applies to use of the payment method RATEPAY payment by SEPA direct debit in ONLINE-SHOPS DE, in ONLINE-SHOPS AT and in ONLINE-SHOPS NL:
            1. In choosing RATEPAY payment by SEPA direct debit you decide in favour of payment by SEPA direct debit. You will receive an invoice or a separate payment request, which shall become due for payment without deductions within a period determined by the ONLINE MERCHANT.
            2. When using RATEPAY payment by SEPA direct debit you grant RATEPAY a SEPA direct debit authorisation. RATEPAY shall then collect the receivable from the contractual relationship between you and the ONLINE MERCHANT in accordance with the authorisation you grant and the creditor’s identification number from the current account specified by you by the due date.
            3. RATEPAY will announce the collection to you by e-mail at the latest one calendar day before the due date of the SEPA direct debit (pre-notification/advance information). Collection shall follow at the earliest on the date specified in the advance information. A later, near-term collection may follow.
            4. Should a reduction of the amount of the payment amount (e.g. due to credit notes) follow between the issuing of the invoice or of the separate payment request, advance information and due date, the booked amount may deviate from that indicated on the invoice or separate payment request and from that indicated in the advance information.
            5. You are required to ensure that sufficient funds are in the current account indicated on the due date. The banking institute managing the account is not under an obligation to redeem the direct debit should the funds in the account not be sufficient.
            6. Should a chargeback of the direct debit be effected due to a lack of sufficient funds in the account, an unjustified objection on the part of the account holder or due to false or incorrect information for the granting of a SEPA direct debit authorisation or because of the termination of the current account you shall be in default without any separate warning, unless it should be the case that the chargeback was the result of a circumstance for which you do not bear the responsibility.
            7. The fees charged by the account managing banking institute to RATEPAY in the event of a chargeback shall be passed on to you including an appropriate processing fee and are to be paid by you. RATEPAY is entitled, in the event of a chargeback, to adjust the method of payment to the SEPA bank transfer procedure.
            8. Should you be in default, RATEPAY shall be entitled to charge an appropriate fee for each reminder and default interest amounting to five percentage points above the respective basic interest rate of the European Central Bank.
            9. In view of the high costs that are connected with a chargeback, we request you, in the event of a rescission of the contractual relationship concluded between yourself and the ONLINE MERCHANT, a return delivery or a complaint, not to object to the SEPA direct debit. In such cases coordination with the ONLINE DEALER and the reversal of the payment shall be effected by way of the transfer back of the amount in question or by way of a credit note.
          2. The following applies to use of RATEPAY payment by SEPA direct debit in ONLINE-SHOPS CH:
            In ONLINE-SHOPS CH the payment method RATEPAY payment by SEPA direct debit is, at the present moment in time, not incorporated in the system and is unfortunately not at your disposal.
        4. PARTICULAR CONDITIONS for the use of RATEPAY payment method prepayment
          1. The following applies to the use of RATEPAY prepayment in ONLINE-SHOPS DE, in ONLINE-SHOPS AT und in ONLINE-SHOPS CH gilt:
            In choosing RATEPAY prepayment you decide in favour of payment in advance. You will receive an invoice or a separate payment request that is due for payment without any deductions within a period to be determined by the ONLINE MERCHANT. After the expiry of a period of 14 days from maturity, RATEPAY shall no longer be obliged to accept your payment with discharging effect. The goods shall be dispatched as soon as you have transferred the payment amount in full to the account indicated in the invoice or the separate payment request.
          2. The following applies to use of RATEPAY prepayment in ONLINE-SHOPS NL:
            In ONLINE-SHOPS NL the payment method RATEPAY prepayment is, at the present moment in time, not incorporated in the system and is unfortunately not at your disposal.
        5. PARTICULAR CONDITIONS for the use of RATEPAY payment method RATEPAY payment in instalments
          1. The following applies to the usage of the payment method RATEPAY payment in instalments in ONLINE-SHOPS DE and in ONLINE-SHOPS AT:
            1. In choosing RATEPAY payment in instalments you decide in favour of payment in monthly instalments. Monthly instalments are thereby to be paid throughout a fixed running term, whereby the final instalment may, under certain circumstances, deviate from the previous amounts. You may, as a fundamental rule, undertake the payment of the monthly instalments by SEPA direct debit. In individual cases your ONLINE MERCHANT may also offer the option of payment by SEPA bank transfer. Please see the instalment plan provided for details of payment.
            2. The RATEPAY payment in instalment method is offered in cooperation with the WIRECARD BANK. Receivables shall be ceded to the WIRECARD BANK within the framework of an ongoing factoring contract. Payments with discharging effect can only be made to the WIRECARD BANK.
            3. When using RATEPAY payment in instalment by means of SEPA direct debit you grant the WIRECARD BANK a SEPA direct debit authorisation. The WIRECARD BANK shall then collect the receivable resulting from the contractual relationship between you and the ONLINE MERCHANT in accordance with the authorisation granted by you and the creditor’s identification number from the current account specified by you by the due date.
            4. WIRECARD BANK / RATEPAY will announce the collection to you by e-mail at the latest one calendar day before the due date of the SEPA-direct date (pre-notification/advance information). Collection shall follow at the earliest on the date specified in the advance information. A later, near-term collection may follow.
            5. Should a reduction of the amount of the payment amount (e.g. due to credit notes) follow between the issuing of the instalment plan or of the separate payment request, advance information and due date, the booked amount may deviate from that indicated on the invoice or separate payment request and from that indicated in the advance information.
            6. You are required to ensure that there are sufficient funds in the current account indicated on the due date. The banking institute managing the account is not under an obligation to redeem the direct debit should the funds in the account not be sufficient.
            7. Should a chargeback of the SEPA direct debit be effected due to a lack of sufficient funds in the account, an unjustified objection on the part of the account holder or due to false or incorrect information for the granting of a SEPA direct debit authorisation or because of the termination of the current account you shall be in default without any separate warning, unless it should be the case that the chargeback was the result of a circumstance for which you do not bear the responsibility.
            8. The fees charged by the account managing banking institute to WIRECARD BANK in the event of a chargeback shall be passed on to you including an appropriate processing fee and are to be paid by you. RATEPAY is entitled, in the event of a chargeback, to adjust the method of payment to the SEPA bank transfer procedure.
            9. In view of the high costs that are connected with a chargeback, we request you, in the event of a rescission of the contractual relationship concluded between yourself and the ONLINE MERCHANT, a return delivery or a complaint, not to object to the SEPA direct debit. In such cases coordination with the ONLINE MERCHANT and the reversal of the payment shall be effected by way of the transfer back of the amount in question or by way of a credit note.
            10. Please refer to the instalment calculator, which will be supplied to you in the course of the order process, for basic information pertaining to your payment in instalments for your planned order with your ONLINE MERCHANT (term, amount of the instalments, borrowing rate p.a., interest, total amount etc.). Here – as far as possible – your wishes regarding the amount of the instalments or the running term may also be taken into account. Please refer to the instalment plan supplied to you for more details.
            11. The instalments agreed within the framework of the order process shall, as a general rule, be due on the 28th of each respective month during the running term. The first instalment shall, generally speaking, be due in the month subsequent to the date of the invoice or delivery. Please refer to the instalment plan supplied to you for more details regarding maturity.
            12. Should you fail to pay an instalment by its due date at the very latest, you shall be in default without the need for a separate reminder, unless the failure to pay should be due to a circumstance for which you do not bear the responsibility.
            13. If you are in default, the WIRECARD BANK shall be entitled to charge an appropriate reminder fee and default interest amounting to five percentage points above the respective basic interest rate of the European Central Bank.
            14. In the case of a partial return the total amount to be paid shall be reduced. In such an eventuality you shall receive a new instalment plan from RATEPAY. The monthly instalments shall thereby, generally speaking, remain the same, only the running term shall be reduced. Please refer to the new instalment plan for more details.
            15. The following example demonstrates what an instalment plan for RATEPAY payment in instalments could look like, which at the same time is the representative example according to Section 6a Para. 3 PAngV (Price Indication Regulation) (“2/3 example”):
              Example for an Instalment Plan
              Order date: 19/11/2018
              Delivery date: 21/11/2018
              Maturity of the instalments: By the 28th of the respective month
              Cash price: EUR 300.00
              Borrowing rate p.a. (bound): 13.70 %
              Interest amount EUR 12.22
              Fee for conclusion of a contract: EUR 3.95
              Sum total EUR 316.17
              Running term 6 months
              Number of the instalments Maturity date Discharging amount in EUR Interest amount in EUR Contractual conclusion fee in EUR Due instalment in EUR Remaining debt in EUR
              1 28/12/2018 48.00 4.04 0.66 52.70 255.29
              2 28/01/2019 49.33 2.71 0.66 52.70 205.30
              3 28/02/2019 49.86 2.18 0.66 52.70 154.78
              4 28/03/2019 50.40 1.64 0.66 52.70 103.72
              5 28/04/2019 50.94 1.10 0.66 52.70 52.12
              6 28/05/2019 51.47 0.55 0.65 52.67 0.00
              Total: 300.00 12.22 3.95 316.17
              The instalment plan consists of six payable instalments. The first five instalments each amount to EUR 52.70. The last instalment (final instalment) amounts to EUR 52.67.
              Link to the instalment calculator: https://www.ratepay.com/ratenrechner/.
          2. The following applies to use of RATEPAY payment in instalments in ONLINE-SHOPS CH and in ONLINE-SHOPS NL:
            RATEPAY payment in instalments is, at this present moment in time, not incorporated in ONLINE-SHOPS CH and in ONLINESHOPS NL and is unfortunately not available to you there.
  • Information relating to Data Protection and Data Processing at RatePAY GmbH
    1. INFORMATION ON RATEPAY GMBH
      RatePAY GmbH, Franklinstraße 28-29, D-10587 Berlin, Germany, registered with the District Court of Charlottenburg (Berlin) under Ref. No. HRB 124156 B, (“we”, “us”, “RATEPAY”) offers individual solutions in the field of online payment for a large number of business enterprises who, in their turn, offer their customers goods or services online (“ONLINE MERCHANTS“). ONLINE MERCHANTS in particular have the possibility of incorporating the RATEPAY payment methods in their online shops and offering them to their customers as a further payment option. When RATEPAY payment options are used RATEPAY also assumes the default risk for the claims resulting from contracts concluded between the ONLINE MERCHANT and its customers previously ceded to RATEPAY by the ONLINE MERCHANT.
    2. WHY RATEPAY PROCESSES YOUR DATA
      1. The ONLINE MERCHANT places one or more RATEPAY payment methods at your disposal. To this end the ONLINE MERCHANT cooperates with RATEPAY. RATEPAY assists the ONLINE MERCHANT in the handling of your payment in an uncomplicated manner.
      2. The claims arising when RATEPAY payment methods are used are ceded to RATEPAY in the context of a factoring contract or, should the payment method RATEPAY payment in instalments be used, to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany (“WIRECARD BANK”). Payments with discharging effect can be made only to RATEPAY or, should the method RATEPAY payment in instalments, exclusively to the WIRECARD BANK.
      3. Please understand that unless your data are processed the RATEPAY payment methods cannot be placed at your disposal.
      4. RATEPAY is responsible for the data processing in the context of the handling of the payment procedure.
      5. We do not have any influence upon the data processing at the ONLINE MERCHANT. Please, therefore, also pay attention to the information of the ONLINE MERCHANT pertaining to data protection and processing.
    3. WHICH DATA ARE PROCESSED
      1. For the purposes stated above, RATEPAY gathers and processes the following data from you:
        1. Personal Data: Name (title, first name(s), last name), date of birth, address, e-mail address and telephone number.
        2. Account data (RATEPAY-direct debit): Account holder, IBAN, BIC/SWIFT, banking institute.
        3. Order data: Data pertaining to your current, previous and/or future orders placed with the ONLINE MERCHANT and other online shops with which RATEPAY cooperates such as details of the products and RATEPAY payment methods selected by you.
        4. Creditworthiness data: Data, in particular from credit agencies and other cooperation partners that give pointers to your creditworthiness such as details of any enforceable claims against you and other data relating to creditworthiness, always subject to the proviso that the usage of this data is permissible according to the relevant data protection laws.
        5. Technical Data: Data concerning the features of the terminal device used by you such as IP address, browser version, language settings (“device-specific data”) and data concerning usage of the websites of the ONLINE MERCHANT.
      2. We collect these data to a large degree from the ONLINE MERCHANT with whom you conclude a contract. Additionally, data pertaining to creditworthiness shall be obtained from credit agencies and information from service providers for the purpose of combating fraud.
    4. RISK ANALYSIS AT RATEPAY
      1. In our risk analysis we process your data in order to determine whether you will be able to fulfil your payment obligations. To this end we determine the probability of orderly payment in connection with RATEPAY payment methods. In this way we protect you from possible over-indebtedness and ourselves against a default risk.
      2. In order to be able to carry out these risk analyses the ONLINE MERCHANT transmits your data to RATEPAY. Depending upon the result of the risk analysis you will be able to use the respective RATEPAY payment method.
      3. The risk analysis may be carried out during the order process already in order to make a frictionless shopping experience possible for you, if the ONLINE MERCHANT has designed its Online-Shop accordingly in an individualised manner. In this case your attention will once again be separately drawn to the implementation of the risk analysis.
      4. The risk analysis is a precondition for the use of a RATEPAY payment method. The necessary data processing is thus for the purpose of the conclusion and performance of the contract that you have concluded with the ONLINE MERCHANT (Art. 6 Para. 1 Clause 1 lit. b GDPR). Inasmuch as you should additionally grant your consent thereto, processing shall also take place according to Art. 6 Para. 1 Clause 1 lit. a GDPR.
    5. DATA PROCESSING FOR THE RISK ANALYSIS FOR RATEPAY PAYMENT METHODS
      1. When implementing the risk analysis for RATEPAY payment methods RATEPAY determines the likelihood of orderly payment (the “RESULT”). The RESULT shall be determined on the basis of our experience in the field of online payment and the payment process as well as on that of a mathematical-statistical evaluation of the following data:
        a) Information pertaining to the current order (price of the goods or services, details of the purchaser or the person availing him-/herself of the service, shopping cart level, technical data),
        b) Information concerning orders already placed with a RATEPAY payment method,
        c) Information about your address,
        d) Information from credit rating agencies, so-called credit scores (e.g. Schufa, a credit investigation company) and creditworthiness information.
      2. Creditworthiness data, including the RESULT and the data upon which the evaluation has been based shall, in the event of the approval of a RATEPAY payment method, be used for a period of 12 months in order to ensure that the evaluations flow into risk analyses should you once more decide in favour of a RATEPAY payment method..
      3. On the basis of the RESULT, the ONLINE MERCHANT shall take the decision as to whether the desired RATEPAY payment method may be offered to you. To this end RATEPAY transmits to the ONLINE MERCHANT the information whether the risk analysis has ended positively or negatively. The ONLINE MERCHANT shall not at any point in time be able to access the data upon which the risk analysis has been based, inasmuch as it has not transmitted them to RATEPAY itself.
      4. In the event that it should not have been possible to place a RATEPAY payment method at your disposal, your data from the order in question shall be used for this purpose for a period of 6 months. This enables us to avoid double inquiries from credit agencies and thus also serves the purpose of data economy.
    6. COOPERATION WITH CREDIT AGENCIES
      1. In addition to the other data categories listed in the above, the result is also based upon the scoring ratings from credit agencies. In order to obtain these scoring values from the agencies, RATEPAY first transmits those data are connected with the conclusion of your contract, in particular the application and the acceptance of the contract with the ONLINE MERCHANT, to the agencies. As a part of the risk analysis this collection and transmission of data is effected pertaining to the conclusion of the contract between you and the ONLINE MERCHANT and thus on the basis of Art. 6 Para. 1 Clause 1 lit. b GDPR.
      2. Should the payment to us in the context of the RATEPAY payment method not be handled in an orderly fashion, we shall transmit the information at the time of default to the credit agencies. This processing is in the interests of all participants in commercial life, in order to avoid payment defaults and the over-indebtedness of consumers and debtors and thus takes place on the basis of Article 6 Para. 1 Clause 1 lit. f DSGVO.
      3. We currently collect creditworthiness data from and send them to the following credit agencies:
        1. SCHUFA Holding AG
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at SCHUFA Holding AG may be found here:
          https://www.schufa.de/de/datenschutz-dsgvo/
        2. Creditreform Boniversum GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at Creditreform Boniversum GmbH may be found here:
          www.boniversum.de/EU-DSGVO
        3. CRIF Bürgel GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at CRIF Bürgel GmbH may be found here:
          https://www.crifbuergel.de/de/datenschutz
        4. CRIF AG
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at CRIF AG may be found here:
          https://www.mycrifdata.ch/#/dsg
        5. CRIF GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at CRIF GmbH may be found here:
          https://www.crif.at
        6. Regis24 GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at Regis24 GmbH may be found here:
          www.regis24.de/informationen
        7. InterCard AG
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at InterCard AG may be found here:
          https://www.intercard.de/de/karteninhaber/datenschutzinformationen
        8. creditPass GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at creditPass GmbH may be found here:
          https://creditpass.de/service/datenschutz/
        9. Bisnode Austria Holding GmbH
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at Bisnode Austria Holding GmbH may be found here:
          https://www.bisnode.at/daten-und-sicherheit/
        10. Bisnode D&B Schweiz AG
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at Bisnode D&B Schweiz AG may be found here:
          https://www.bisnode.ch/datenschutz/
        11. Experian Nederland B.V.
          The information according to Art. 14 of the EU General Data Protection Relating to the data processing that takes place at Experian Nederland B.V may be found here:
          http://www.experian.nl/privacy-statement/ and also here:
          http://www.experian.de/rechtliches/datenschutz.html
    7. DATA PROCESSING WHEN PROCESSING THE CONTRACT
      1. For the purpose of the purchasing and ceding of the receivable resulting from the contractual relationship established between you and the ONLINE MERCHANT, of the subsequent handling of the payment transaction by RATEPAY, as well as the general establishment of contact in the contractual context we process your data on the basic of 6 Para. 1 Clause 1 lit. b GDPR to the extent that is required. In particular, we process your bank account details in order to be able to redeem a direct debit or your address and e-mail address in order to be able to send an invoice to you. Inasmuch as this is necessary we transmit data for this purpose to banks and payment services providers in the context of handling the payment transaction.
      2. For the purpose of asserting a claim that might not have been settled, RATEPAY shall be entitled to transmit your data to debt collecting agencies who shall then take charge of the further debt recovery procedure. The basis for this is formed by Art. 6 Para. 1 Clause 1 lit. f GDPR.
      3. For group controlling purposes we may transmit your data to companies within our group. These serves, inter alia, liquidity planning and consolidation and is based upon Art. 6 Para. 1 Clause 1 lit. f GDPR.
      4. We do in part also transmit to the ONLINE MERCHANT that information that is relevant to your order process and the payment transaction. The ONLINE MERCHANTS need this information in order, if needs be, to be able to judge whether warranty claims are given or to offer you information pertaining to your order or customer services. This processing is thus based upon Art. 6 Para. 1 Clause 1 lit. f DSGVO (legitimate interest) or, inasmuch as it should be a matter of contractual information, on Art. 6 Para. 1 Clause. 1 lit. b GDPR.
    8. COMBATING FRAUD
      1. In order to rule out the abuse of your data and to avert financial losses, we process your data in order to be able to detect fraudulent acts on the basis of unusual usage patterns. To this end, we transfer your data to a services provider who subjects your technical data and the order data to a plausibility review, for example in order to evaluate orders to a different address.
      2. Fraud prevention is specifically based upon information relating to, inter alia:
        (a) Whether the user’s terminal device currently communicates via a proxy connection or has done so in the past,
        (b) Whether the terminal device has recently dialled in via different internet service providers,
        (c) Whether the terminal device had or has a frequently changing geo-reference,
        (d) How many internet transactions have recently been affected via the device (without it being possible to establish the type of transactions in question) and
        (e) How high is the probability that the terminal device on file in the database of the services provider is indeed that of the user.
      3. The services provider is bound by a contract under data protection law to our instructions and does not process the data for any purposes of its own.
    9. SERVICES PROVIDERS AND TRANSMISSION OF DATA OUTSIDE THE EU
      1. For the purpose of establishing contact in the context of customer satisfaction (e.g. by e-mail) we avail ourselves of services providers in order to save costs through automated procedures. In order to ensure the protection of your data in these cases also we have subjected these services providers to an obligation to process your data exclusively on the basis of instructions issued by us.
      2. In part, these services providers have their headquarters outside the European Economic Area. Inasmuch as a transfer outside the EEA takes place and no adequacy resolution of the European Commission is available or a US-American services provider is unable to produce a privacy shield certification, we use standard contractual clauses of the European Commission.
    10. RETENTION AND STORAGE OF YOUR DATA
      1. RATEPAY retains the data that we collect from you in the context of initiating and processing the contract for a period of 5 years. The period commences at the end of that year in which the contract had been concluded or at least initiated and concords with the statutory period of limitations for civil law claims. We thus fulfil our statutory retention duties as a payment services provider according to Section 30 ZAG (Payment Services Supervision Act).
      2. Access to these data is subject to strict restrictions. As a fundamental principle, our employees do not have access to information on creditworthiness.
      3. After the storage period has expired, your personal data will be blocked on principle and, after the expiry of those commercial and fiscal provisions applicable to us and/or any other statutory retention obligations, will be finally deleted or anonymised. It shall then no longer be possible to draw any conclusions pertaining to your person. The anonymised data do, however, help us to constantly optimise our risk analysis and our business model. The retention of the data and their subsequent anonymisation are thus in our legitimate interests, Art. 6 Para. 1 Clause 1 lit. f GDPR.
    11. YOUR RIGHTS PERTAINING TO DATA PROCESSING
      1. Right to information as to which data of yours are processed (Art. 15 GDPR)
        You have a right to receive information as to which data of yours are processed by us as well as to further information according to Art. 15 GDPR that is connected with data processing. Upon request we will gladly supply the data and information to you and also make a copy of said data available to you.
      2. Right to correction of your data (Art. 16 GDPR);
        You have a right to the correction of your data should these be incorrect or – taking the purposes of the processing into account – incomplete.
      3. Right to deletion (Art. 17 GDPR)
        You have a right to deletion should data no longer be needed, the processing thereof be unlawful or any other of the cases under Art. 17 GDPR are given. In these cases we delete your data immediately.
      4. Right to the restriction of the processing of your data (Art. 18 GDPR)
        You have the right to restriction of your data in those cases listed in Art. 18 GDPR. This covers inter alia the case that we should process data in places or to an extent as a result of which the data processing is no longer legitimised by law. The circumstance may also be relevant that data are subject to a retention obligation and that we are for this reason not able to delete them without further ado. In this case we shall restrict the data processing to the greatest possible extent. Generally speaking, restriction means that the data are stored but employees no longer have access thereto.
      5. Right to Data Portability (Art. 20 GDPR)
        The right to so-called data portability enables you to receive data concerning your person which you have supplied to us yourself in the format provided for in Art. 20 GDPR from us and to have these sent you. Excluded from this, however, are such data that we ourselves gain as a result of the processing (so-called processing results).
      6. Right to object to types of processing that are based upon Art. 6 Para. 1 Clause 1 lit. f GDPR (Art. 21 GDPR)
        We shall cease the processing of data on the basis of Art. 6 Para. 1 Clause 1 lit. f GDPR should you object to this and your objection should be justified.
      7. Right of Revocation
        You may revoke at any time the consents you have granted us at the time of the conclusion of the contract between yourself and the ONLINE MERCHANT by addressing RATEPAY directly, e.g. by e-mail or telephone. Should you revoke your consent, your data shall no longer be processed on the basis of that consent. The permissibility of the data processing that that has taken place on the basis of your consent until its revocation shall not be affected by that revocation, and neither shall the permissibility of data processing on the basis of other legal foundations. You also possess the right to complain to the responsible supervisory authority (Berlin Officer for Data Protection and Freedom of Information).
    12. INFORMATION IN THE CASE OF THE REJECTION OF RATEPAY PAYMENT METHODS
      More detailed information pertaining to the risk analysis and the possible reasons for a rejection of the RATEPAY payment methods may be found under: https://www.ratepay.com/service-center-kaeufer/bestellwunsch-b2c (for consumers) and
      https://www.ratepay.com/service-center-kaeufer/bestellwunsch-b2b (for business enterprises)
    13. CONTACT AND DATA PROTECTION OFFICER
      1. You may contact the RATEPAY data protection team at any time as follows:
        RatePAY GmbH
        – Data Protection –
        Franklinstraße 28-29
        D-10587 Berlin
        datenschutz [ a t ] ratepay.com
      2. Our data protection officer can be reached directly as follows:
        ISiCO GmbH
        – Data Protection Officer RATEPAY –
        Am Hamburger Bahnhof 4
        10557 Berlin
        berlin [ a t ] isico-datenschutz.de