Information clause
The information is provided pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 94/46/EC (hereinafter: “RODO“).
Personal data controller and contact details
Mobilum Pay Ltd. with its registered office in Warsaw, Plac Powstańców Warszawy 2, 00-030 Warsaw, Poland, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (KRS) under the number: 0000871351, Tax Identification Number (NIP): 5252844237, National Register of Economic Units (REGON): 387639618, with share capital of 3.005,000.00 PLN, paid in full, having the status of a small payment institution, registered in the register kept by the Polish Financial Supervision Authority under number MIP118/2021 (hereinafter: “Administrator” or “Data Controller”). In all matters concerning the processing of personal data and the exercise of rights related to the processing of data, the Administrator may be contacted by e-mail: [email protected] or in writing to the Administrator’s registered office address.
Aims and legal basis for processing personal data
Your personal data will be processed by the Administrator for the following purposes:
- for the proper performance of the contract for the provision of services by electronic means by the Administrator, including for: to make full use of the mobile application “Mobilum Pay” (hereinafter the “Application”), as well as to make transactions and payments for the services available on the aforementioned Application; to set up and manage your account(s), and to provide support for your account, transactions and to resolve technical problems; (the legal basis for the processing is Article 6(1)(b) RODO);
- for the proper performance of the contract for the provision of electronic services by the Administrator, including the full use of the website https://mobilum.com.pl/ or https://pay.mobilum.com/, (hereinafter the “Website”), as well as the performance of the money transfer service; the establishment and management of your account(s), and the provision of support for your account, transactions and the resolution of technical problems; (the legal basis for the processing is Article 6(1)(b) RODO);
- prevention of crime and extortion, including identification obligations under the AML/CFT Act (the legal basis for the processing is Article 6(1)(c) of the DPA);
- to ensure accountability with regard to the processing of personal data in the Application and on the Website (the legal basis for the processing is Article 6(1)(c) of the DPA);
- for the purpose of handling complaints, protection against claims by the Data Controller (the legal basis for the processing is Article 6(1)(f) RODO);
- for marketing purposes on the basis of the data consent provided (the legal basis for processing is Article 6(1)(a) RODO), in the absence of consent the Administrator does not process the data for this purpose;
Your data may also be processed for the following collateral purposes (the legal basis for the processing is Article 6(1)(f) RODO):
- data archiving,
- to ensure the smooth functioning of the Application and the Website,
- producing internal reports and analyses,
- conducting internal audits,
- production of statistics
Source of personal data
Your data was obtained directly from you during the process of setting up your “Mobilum Pay” account and during your use of the Application or the Website. Your data may also be obtained from other sources in accordance with applicable laws and on the basis of agreements with partners.
Type of data
I. Data obtained directly from the user: Provision of services in the Application The Administrator, in order to provide the services in the Application with the utmost care, will process your identification data such as your name, residential address, PESEL, as well as contact data in the form of telephone number and e-mail address. In addition, the Administrator will process the data contained in the documentation received from you, as well as financial data such as the balance in the account associated with the Application and transactional data such as details of payments made. Provision of services on the Website The Administrator, in order to provide the services available through the Website with the utmost care, will process your identification data, such as your name, as well as contact data in the form of an e-mail address, and other data necessary for the performance of the money transfer service, such as the payment card number or the name of the payment card holder. In addition, the Administrator processes the data contained in the documentation received from you, as well as financial data and transactional data such as details of payments made. Contacting the Administrator The Administrator collects the data provided by you in the content of the message addressed to the Administrator. Depending on the contact path chosen by you, your contact details will also be collected, as well as, in the case of contact by post, your identification data.
II. Data collected automatically, not coming directly from the user: In order to ensure the secure operation of the Application and the Website, as well as your safety as a user, the Administrator processes certain personal data by automated means. This data includes, but is not limited to, user verification data, technical data, location, parameters of the hardware and software used by you, device identification numbers. The Administrator does not collect your sensitive data within the meaning of Article 9 RODO.
Recipients of data
Your personal data may be provided to entities cooperating with the Administrator to the extent necessary to enable the operation of the Application and the Web Application, as well as the performance of the selected service, including in particular providers of payment services and accompanying services. We will also provide your personal data to entities for which we receive your consent to provide such data. The controller may forward personal data to entities which process such data on his/her behalf, e.g. IT service providers, law firms, entities providing accounting services, etc. The data may also be transferred to relevant authorities and bodies to the extent and in situations stipulated by law, e.g. to the President of the Office for Personal Data Protection, prosecutor’s office, police.
Transfer of data to a third country or international organisation
Your personal data will not be transferred outside the European Economic Area.
Period of retention of personal data
We will keep your personal data for the duration of the contract relating to the use of the Application or the Website and, after termination of the contract, for the period necessary to safeguard the Administrator’s legal interests or where required by law. Your personal data will be processed for the period necessary to fulfil the purposes indicated in this clause, in particular: (a) to enable you to use the Application or the Website – for the period required by law or for the safeguarding of potential claims; (b) for the purposes of dealing with complaints and reported claims – until the statute of limitations for potential claims for infringement of data processing; (c) for the purposes of compiling statements, analyses and statistics – for no longer than the period after which contractual claims become time-barred; (d) for archiving purposes – after the expiry of the legal relationship in question (i.e., e.g. contract), personal data may be processed for 5 years, unless a shorter period is provided for by law. If there is a dispute, a lawsuit or other proceedings (especially criminal proceedings) in progress, the archiving period will be calculated from the date of the final conclusion of the dispute or, in the case of multiple proceedings, the final conclusion of the last one, regardless of the manner of its conclusion, unless the law provides for a longer data retention period or a longer limitation period for the claims/lawsuit concerned;
Rights in relation to data processing
You have the right of access to your data and the right to request their rectification if they are inaccurate, their erasure or the restriction of their processing. – To the extent that the basis for the processing of your personal data is the premise of the legitimate interest of the Administrator, you have the right to object to the processing of your personal data. – To the extent that the basis for the processing of your personal data is consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal. – If the processing is based on consent you have the right to withdraw your consent. – You also have the right to data portability, i.e. to receive your personal data from the controller, in a structured, commonly used, machine-readable format.
Right to lodge a complaint with a supervisory authority
You also have the right to lodge a complaint with the supervisory authority in charge of personal data protection, which is the President of the Office for Personal Data Protection.
Information on voluntary or obligatory personal data
The provision of personal data is voluntary, but the consequence of failing to provide such data will be that an application cannot be submitted via the Application or the Website.
Automatic decision-making
Your data will be processed by automated means, including profiling.