Foton Card

Privacy Policy

This Privacy Policy describes and governsthe collection,storage, processing and use of your personal
data by Foton Card Inc. (hereinafter: “Foton Card”, “we”, “us”, “our”) whenever you apply for and/or
use oursecure data transmission and data processing for multiple business-to-business payment
methods(hereinafter: “Services”), as provided on our website www.fotoncard.com (hereinafter:
“Website”); and/or communicate with us via e-mail, telephone, fax and social media (hereinafter:
“Social Media Channels”; e.g. Facebook, LinkedIn and Twitter). By using our Services, Website and/or
Social Media Channels, you are agreeing to this Privacy Policy. If you do not agree to the termsin this
Privacy Policy, you must cease any further accessthe Website and Social Media Channels and must
cease any further use of the Services.
If you have questions about this Privacy Policy, which to make a complaint to usin relation to a
breach of your privacy or would like to update or correct your personal data held by us, please
contact us by email atsupport@fotoncard.com.
NOTE: If you want information on how we process personal data via cookies and social plug-ins on
our Website, you are kindly referred to our Cookie Policy
In General
1. Your personal data are processed by Foton Card. You can contact us via e-mail at
support@fotoncard.com.
This is the entity responsible for the processing of your personal data as covered in this
Privacy Policy.
2. Any notion starting with a capital shall be defined by explicit reference in this Privacy Policy.
Where possible given the context, singular words shall be interpreted as also including the
plural and vice versa.
To make sure we have the same understanding of what is written here, it is important that
certain notions are interpreted in the same way by you and by us.
3. Where reference is made to certain laws or regulations, such reference shall also include any
change, replacement or annulment of said laws or regulations, including any related
executive decisions.
Laws tend to change from time to time, and we want to make sure that this Privacy Policy
remainsin line with any such changes.
4. Foton Card reserves the right to modify, change or amend this Privacy Policy at its own
discretion and from time to time. Such modification, change or amendment shall be
communicated via the Website. If you do not accept the modifications, changes or
amendments, you are to inform us by sending an e-mail to support@fotoncard.com. If we
do not receive such an e-mail from you within three (3) business days after the changes to
the Privacy Policy have been announced in a visible manner on our Website, you will be
deemed to have unambiguously accepted allsuch changes.
As any company, changes in laws, market circumstances, interests etc. may require us to
change our Privacy Policy from time to time to ensure that it remains accurate. If this
happens, you are kindly asked to take note of the changes and to agree with them if you find
them acceptable.
5. Foton Card collects, stores and discloses data as a service to the User, including personal
data from you and about you from various sources to provide our Services and to manage
our Website. “You” may be a visitor to our Website or a user of our Service, (“User”).
This Privacy Policy explains how we collect personal data from you, even if that personal data
is not obtained directly from you.
Types Of Personal Data We Process
1. Here we explain which types of personal data we collect in any case whenever you visit our
Website and Social Media Channels.
Whenever you visit our Website and Social Media Channels, we may collect:
1. technical information associated with the browser and device you use, such as your
IP address, device type, operating system and Internet browser type, screen
resolution, operating system name and version, device manufacturer and model,
language, plug-ins, add-ons and the language version of the Website you are visiting;
2. usage data, such as time spent on the Website, pages visited, links clicked, language
preferences, and the pagesthat led or referred you to our Website;
3. information about your online activities on websites and connected devices over
time and across third-party websites, devices, apps and other online features and
services, for which we use Google Analytics orsimilar tools.
2. Here we explain which types of personal data we collect when you create an account on our
Website.
When you register an account on our Website, we will collect:
1. your identity information, including your full name, physical business address, email
address, date of birth and government identifiers associated with you and your
organization (such as your tax number, or Employer Identification Number), and any
other data we may require under applicable law (such as anti-money laundering
legislation);
2. and account information, including your log-in credentials.
3. Here we explain which types of personal data we collect when you actively seek to contact
us or want usto contact you.
When you respond to Foton Card emails or surveys, fill out our online form to contact our
sales team, give us your business card or contact details at conferences or other events, or
contact us via e-mail, telephone, fax or Social Media Channels, we may collect:
1. the basic identity information you provide us with, such as your full name, work
email, phone number, country, and anything else you tell us about your project,
needs and timeline;
2. the content of your communication and the technical details of the communication
itself (with whom you correspond at our end, date and time, etc.), including
anything else you tell us about your project, needs and timeline;
3. your preferences regarding receiving our e-mail communications, such as
newsletters, promotions, advertisements, etc.
4. publicly available information of your profile on Social Media Channels;
5. any other personal data you choose to provide to us.
4. Here we explain which types of personal data we collect when you apply for a job with us.
When you apply for a job via e-mail, we collect and process the following categories of
personal data:
1. personal identification data (e.g. name, e-mail address);
2. the content of your communication and the technical details of the communication
itself (with whom you correspond at our end, date and time, etc.);
3. any attachments you send us,such as your CV.
5. Here we explain which types of personal data we collect when you use our Services.
When you use our Service, we may collect:
1. personal identification data (e.g. name, e-mail address) including, where applicable,
businessinformation (e.g. business name, address, etc.);
2. transaction information (including purchase amount and date or purchase),
whether received from the User directly or otherwise;
3. payment method information (such as credit or debit or prepaid card number, or
bank account information, depending on the payment method used).
Purposes For Which Foton Card Uses Your Personal Data
1. Foton Card processes your personal data to provide you the Service in a personalized and
efficient way with the Website, e-mail, telephone, fax and Social Media Channels, and for
overall customer management.
We first and foremost collect and process your personal data to provide you with the things
you request by surfing to our Website, log in once registered, or when you interact with us.
2. Foton Card will enter into a contract with you to provide its Services. This contract requires
usto process certain personal data.
We have to process certain personal data to provide you with our Services.
3. Foton Card processes your personal data mentioned in clause 2.4 above specifically to allow
you to apply for a job with us.
4. We will also process your personal data when you apply with us for evidence purposes, so
that we may defend ourselvesin possible ensuing legal or other proceedings.
5. Foton Card processes your personal data to perform statistical analyses so that we may
improve our Website, our Services or develop new Services.
6. Foton Card processes your personal data to comply with legal obligations or to comply with
any reasonable request from competent law enforcement agents or representatives, judicial
authorities, governmental agencies or bodies, including competent data protection
authorities. Your personal data may be transferred upon Foton Card own initiative to the
police, financial intelligence units, or the judicial authorities as evidence or if there are
justified suspicions of an unlawful act or crime committed by you through your registration
with or use of the Website, our Social Media Channels or other communication with us.
From time to time we may be legally required to transfer your personal data to
governmental authorities.
7. Foton Card may process your personal data for informing any third party in the context of a
possible merger with, acquisition from/by or demerger by that third party, even if that third
party islocated outside the EU.
8. Foton Card may process your personal data for the preservation of the legitimate interests of
Foton Card, its partners or a third party if and when your registration with, or use of, the
Website, Social Media Channels or other communication channels can be considered (a) a
violation of any applicable terms of use or the intellectual property rights or any other right
of a third party, (b) a threat to the security or integrity of the Website, (c) a danger to the
Website or any of Foton Card’ or its subcontractors’ underlying systems due to viruses,
Trojan horses, spyware, malware or any other form of malicious code, or (d) in any way
hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way
inappropriate or illegal.
Here we reserve the right to process your personal data if you use our Website in any way
that may harm Foton Card orsomeone else or isillegal.
9. Foton Card may also process your personal data mentioned under clauses 2.1, 2.2 and 2.3
above for marketing purposes, i.e. to provide you with targeted communications,
promotions, offerings and other advertisements of Foton Card and selected partners, or to
invite you to participate in our events orsurveys. Using Google AdWords, DoubleClick, AdRoll
and other advertising networks, we and certain third parties collect information about your
online activities over time and across different sites to provide you with advertising about
products and services tailored to your individual interests (this type of advertising is called
“interest-based advertising”). Unless you are an existing customer who has already used our
services and who we wish to target with our own marketing material,
Foton Card will only send you communications, promotions, offerings, newsletters and other
advertisements via e-mail or other person-to-person electronic communications channels if
you have explicitly consented to receiving such communications, promotions, offerings,
newsletters and other advertisements. You may at any time opt out from receiving future
marketing or other communications.
We want to use your personal data for marketing purposes. This means that we collect
information regarding your preferences and interests and use this information to make our
marketing material more relevant to you.
When we want to send you marketing material via e-mail, Social Media Channels or other
person-to-person electronic communications channels and unless you are a pre-existing
customer, we will first seek your prior approval with receiving our marketing via such
channels.
Legal Basis For Processing Your Personal Data
1. The processing of your personal data for the purpose described in clause 3.3 is necessary for
the stepsto be taken prior to entering into a contract with you.
The law requires us to state precisely which legal basis we use to process your personal data,
considering the purposes we have listed in the previous article.
When you send us CV and other data to apply for a job, we need to process your personal
data in order to give full effect your application.
2. The processing of your personal data for the purposes outlined in clause 3.2 is necessary to
allow Foton Card to carry out its obligations under the contract with you.
To use our Service, you enter into a contract with us. The provision of these services requires
usto process certain personal data.
3. The processing of your personal data for the purposes outlined in clause 3.6 is necessary to
allow Foton Card to comply with itslegal obligations.
Sometimesthe law obliges usto process your personal data.
4. The processing of your personal data for the purposes outlined in clauses 3.1, 3.4, 3.5, 3.7
and 3.8, is necessary for the purpose of the legitimate interests of Foton Card, which are:
1. being able to appropriately respond to your requests for information and other
requests;
2. allowing usto defend ourselvesin legal proceedings;
3. continuous improvements to Foton Card’ Website, Social Media Channels, products
and servicesto ensure that you have the best experience possible;
4. keeping our Website, Social Media Channels, products and services safe from
misuse and illegal activity;
5. safeguarding our commercial and business interests and needs in light of changing
market conditions;
6. marketing and promotion of our products, services, brands an overall successful
commercialization of our products and services.
5. We may also process your personal data for our own legitimate interests, which are mainly
concerned with successfully conducting our business as any other company would do.
6. For processing your personal data for the purposes outlined in in clause 3.9, Foton Card as
the responsible party asksfor your consent.
By consenting to our processing of your personal data for sending you communications,
promotions, offerings, newsletters and other advertisements via e-mail or other person-toperson electronic communications channels, you agree that we are allowed to process your
personal data for this purpose in the manner and under the conditions outlined in this
Privacy Policy.
Recipients And Transfers
1. We share personal data with third party business partners when this is necessary to provide
our Services to our Users. Examples of third parties to whom we may disclose personal data
for this purpose are banks and payment method providers (such as credit card networks)
when we provide our Services.
To perform our Service, some information needs to be transferred to other parties involved
in the payment cycle.
2. Other than the cases provided for in 5.1, Foton Card does not send your personal data in an
identifiable manner to any third party without your explicit permission to do so. We may
share personal data with other Foton Card entities in order to provide our Services and for
internal administration purposes.
You understand, however, that if you use our Social Media Channels, your personal data is
also processed by the social media providers. You can find more information on how these
social media providers process your personal data in their respective privacy policies.
We do not share your personal data with third parties unless you consent to it or unless we
have anonymized your personal data.
You understand however that when you use Facebook for instance to communicate,
Facebook also processes your personal data.
3. Foton Card relies on third party processors for identity verification services, website hosting,
data analysis, information technology and related infrastructure, customer service, email
delivery, and auditing services. These third-party processors are only allowed to process your
personal data on behalf of Foton Card upon explicit written instruction of Foton Card. Foton
Card warrants that all third-party processors are selected with due care and are obliged to
observe the safety and integrity of your personal data. Your use of our Website and Services
implies that your personal data are transferred to the United States of America. The United
States of America has received an adequacy decision of the European Commission
(Commission Implementing Decision (EU) 2016/1250) and is as such considered to be a
country which offers adequate protection for your personal data.
Our Website and Services may be developed, maintained or hosted by third parties. Similarly,
we rely on the services of third partiesto process your personal data internally.
Quality Assurances
1. We will not process more personal data about you than we really need for the purposes we
have communicated to you. Foton Card does its utmost to process only those personal data
which are necessary to achieve the purposeslisted under the purpose for processing.
2. Here we explain how long we will keep your personal data in a way that allows us to identify
you. Your personal data are only processed for as long as needed to achieve the purposes
which are described above or up until such time where you withdraw your consent for
processing them. Note that withdrawal of consent may imply that you can no longer use the
whole or part of the Website. Foton Card will de-identify your personal data when they are
no longer necessary for the purposes outlined in the purpose for processing, unlessthere is:
1. an overriding interest of Foton Card or any other third party in keeping your
personal data identifiable;
2. a legal or regulatory obligation or a judicial or administrative order that prevents
Foton Card from de-identifying them.
3. We are committed to keeping your personal data safe. Foton Card will take the appropriate
technical and organizational measures to keep your personal data safe from unauthorized
access or theft as well as accidental loss, tampering or destruction. Access by personnel of
Foton Card or its third-party processors will only be on a need-to-know basis and subject to
strict confidentiality obligations. You understand, however, that safety and security are best
efforts obligations only, which can never be guaranteed.
Your Rights
1. You have the right to request access to all personal data processed by Foton Card pertaining
to you. Foton Card reservesthe right to charge an administrative fee for multiple subsequent
requestsfor accessthat are clearly submitted for causing nuisance or harm to Foton Card.
2. You have the right to ask that any personal data pertaining to you that are inaccurate, are
corrected free of charge. If a request for correction is submitted, such request shall be
accompanied of proof of the flawed nature of the data for which correction is asked.
3. You have the right to withdraw your earlier given consent under clause 4.4 for processing
your personal data.
4. You have the right to request that personal data pertaining to you will be deleted if they are
no longer required in light of the purposes which are outlined above or if you withdraw your
consent for processing them. However, you need to keep in mind that a request for deletion
will be evaluated by Foton Card against:
1. overriding interests of Foton Card or any other third party;
2. legal or regulatory obligations or administrative or judicial orders which may
contradictsuch deletion.
5. Instead of deletion you can also ask that Foton Card limits the processing of your personal
data if and when (a) you contest the accuracy of that data, (b) the processing is illegitimate
or (c) the data are no longer needed for the purposes which are outlined above, but you
need them to defend yourself in judicial proceedings.
6. You have the right to oppose the processing of personal data if you are able to prove that
there are serious and justified reasons connected with his particular circumstances that
warrant such opposition. However, if the intended processing qualifies as direct marketing,
you have the right to oppose such processing free of charge and without justification.
7. You have the right to receive from us in a structured, commonly used and machine-readable
format all personal data you have provided to us.
8. If you wish to submit a request to exercise one or more of the rights listed above, you can
send an e-mail to support@fotoncard.com for all data subject rights matters. An e-mail
requesting to exercise a right shall not be construed as consent with the processing of your
personal data beyond what isrequired for handling your request. Such requestshould clearly
state and specify which right you wish to exercise and the reasons for it if such is required. It
should also be dated and signed, and accompanied by a digitally scanned copy of your valid
identity card proving your identity.Foton Card will promptly inform you of having received
this request. If the request proves valid, Foton Card shall notify it as soon as reasonably
possible and at the latest thirty (30) days after having received the request.If you have any
complaint regarding the processing of your personal data by Foton Card , you may always
contact Foton Card via the e-mail address mentioned in the first paragraph of this clause. If
you remain unsatisfied with Foton Card’ response, you are free to file a complaint with the
competent data protection authority. For a list of national data protection authorities,
visit https://edpb.europa.eu/about-edpb/board/members_en.
U.S. Law addenda
In addition to the provisions above, for only U.S. users, the following applies:
Please be aware that Foton Card’ Services are provided only to business entities and are not intended
for use by individual consumers. Nevertheless, we may collect and/or receive your non-public
personal information (“NPI”) asset forth herein and, therefore, we adhere to the requirements of the
Gramm-Leach Bliley Act, 15 U.S.C. 6810 – 6827 (also known asthe Financial Services Modernization
Act of 1999) (“GLB”). NPI does not include any publicly available information. Our Services are
intended for a general business audience and not directed at children under the age of 13. If we have
actual knowledge that any of the NPI collected relatesto or has been provided by a person under the
age of 13, we will delete that information. If you are a parent or guardian and believe we may have
collected information about a person under the age of 13, please contact usin the manner described
in the Privacy Policy termsset forth above. If we determine that we have inadvertently collected NPI
from a person under the age of 13, we will promptly delete such information from our records.
NPI We Collect About You and How and When We Collect NPI
The NPI we may collect about you, and how and when we collect it, is described in Sections 1.5 and 2
above. In accordance with Section 2.2, we may collect our Social Security Number (“SSN”).
How We Use Your Information
Our use of your NPI is described in Section 3 above. When we use your NPI for marketing purposes,
we will only do so in accordance with the consent requirementsthat are imposed by applicable law. If
your NPI isshared with affiliates and non-affiliated third partiesin connection with a marketing
campaign for their products and services, you will have the right to opt out. Our use of Cookiesis
described in ourseparate Cookies Policy.
When We May Disclose Your NPI
Section 5 above described when we may disclose your NPI.
Overseas Disclosures
If you are a U.S. person, federal,state or local government or you send us NPI concerning any such
government or any agency of any of them, you do so in the knowledge thatsuch information may be
disclosed to personsin the European Economic Area and such other countriesin which those parties
or their, or our, computersystems may be located from time to time, where it may be used for the
purposes described in this Privacy Policy.
This may occur in the event:
 ourservers or other computersystems are located overseas;
 our offices or related entities are overseas;
 there is an overseas connection with any services, transactions, information or products; or
 we outsource certain activities overseas.
Additionally,some of your NPI may be disclosed, transferred, processed,stored or used overseas by
us or by third party service providers.
In these circumstances, you consent to the collection, use,storage and processing of your NPI in
those countries.
Data Storage and Security
Our data storage and security measures are described in Section 6 above. NPI that is protected by U.S.
state data breach notification laws vary by state according to the location of the person concerned.
We comply with state law applicable where the individual concerned is domiciled.
Other Important Information
For California Residents: We will notshare NPI we collect about you with non-affiliated third parties,
except as permitted by California law,such asto effect, administer or enforce a transaction, in
connection with our Services, or in connection with maintaining orservicing any account you have
with us.
For Vermont Residents: We will notshare NPI we collect about you with non-affiliated third parties,
except as permitted by Vermont law,such asto effect, administer or enforce a transaction, in
connection with our Services, or in connection with maintaining orservicing any account you have
with us. In addition, we will notshare information we may have about your creditworthiness with our
affiliates except with your authorization.