1.- BASIC INFORMATION ON PERSONAL INFORMATION.
Who is the data controller of your Personal Information? Clearpay, S.A.U., a supervised payment entity that provides, among others, payment and financing services (“Clearpay”). You can find further details in “Data controller of your Personal Information” below.
For what purposes do we process your Personal Information? We may use Personal Information we collect about you for a number of purposes including (i) administer and manager the performance of your contract or in order to process a contract request, (ii) for activities related with the provision of our services to you (iii) to send you marketing and promotional communications related to our own services and/or to similar services provided us as data controllers, (iv) marketing profiling and others. You will find below some additional information about this. Refer to “Purposes for what we process your Personal Information”
On what lawful basis do we process your Personal Information? For the execution of an agreement, our legitimate business interest, your consent and the compliance with a legal obligation. Refer to Lawful basis for the processing of your Personal Information”
To whom may we share your Personal Information? To the companies within our group of companies (our “Group”): Afterpay Australia Pty Ltd ACN 169 342 947, Afterpay NZ Limited (registrada con el número: 6340314), Afterpay US, Inc., Afterpay US Services, LLC, Afterpay Canada Limited, Clearpay Finance Limited registrada con el número: 05198026) and Clearpay Technology, S.L.U. (CIF B-87919999) and their affiliates and related companies (jointly,“Afterpay”, “We” or “Our”), to the service providers who help with our business operations acting as data processors, and other parties as described in “How we share Personal Information with other parties” below
What are your rights? You have the right of access, rectification, erasure, objection, restrict the processing, if it is technically feasible, transmit your Personal Information from our systems to a third party’s system in a safe and secure way, and, in certain circumstances, you have the right to ask us to delete your Personal Information. You can also refer to “Your rights” below.
How can we collect your Personal Information? We may also obtain information about you from third parties including Clearpay’s merchants (which may include online marketplaces), third party suppliers and commercial partners (together, ‘our Partners’), companies of our Group, as well as credit reference and fraud prevention agencies, and publicly or commercially available sources. Refer to “Collecting personal information” below for more info.
2.- ADDITIONAL AND DETAILED INFORMATION ON DATA PROTECTION
Data controller of your Personal Information
Company number: A-85827335.
Mailing Address: Paseo de la Castellana, 95 – Torre Europa (Floor 11) – C.P. 28.046 (Madrid).
Phone: +34 607 52 02 48.
Purposes for what we process your Personal Information
In relation to the payment services offered by Clearpay, we may use the Personal Information we collect about you or you have provided to us for the following purposes:
Clearpay also collects and processes Personal Information for the following purposes:
Retention of your Personal Information
We will retain your personal information for as long as is necessary for our legitimate business interests, for legal and compliance reasons, and for the reasons explained in this Policy. We will otherwise delete personal information where we no longer have a lawful purpose to do so.
Subject to the terms set out in the Clearpay Terms of Service, you can also close your Clearpay account through our Websites. If you close your Clearpay account, we may retain information from your account for a period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud or risk, enforce our Terms of Service, or take other actions as required or permitted by law. When you provide your personal data to us to enter and for the performance of our services, we will retain it for 10 years after the termination of our business relationship for complying with the obligations under Spanish Anti-Money Laundering/Counter Terrorism Financing Act (AML/CFT). This includes for as long as is necessary for our for legal and compliance reasons.
Lawful basis for the processing of your Personal Information
The lawful basis for the processing of your Personal Information is the management and administration of a virtual payment instrument agreement that will allow you to execute and/or request financing, under the deferred payment method, to finance the purchases you have made to our merchants.
With regard to the processing directly related to the execution of the agreement(s), such as the preparation of credit profiles (scoring) to assess your financial and credit situation, and to be able to grant you financing based on a responsible lending policy, the lawful basis for the processing is the execution of the aforementioned agreement(s), as well as the existence of a legal obligation that is specified in Royal Decree Law 19/2018, of 23 November, on Payment Services; and in the legitimate interest of the entity, in accordance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data.
Further, with regard to the other purposes, the lawful basis for the processing of your personal data may be the following:
How we share Personal Information with other parties.
The processing of your Personal Information for the purposes detailed above may involve the communication of your Personal Information to the following recipients, to the extent that this is needed for complying with the above mentioned purposes or, in compliance with a legal obligation:
Additionally, we may share your Personal information with:
In this regard, we inform you that any communication will be made taking into account all necessary legal safeguards.
In addition, for certain services we may use suppliers outside the EEA. Where there are no adequate safeguards for your information under the applicable laws of that third country, we (or the party transferring your information) will take steps to ensure that appropriate safeguards are in place to maintain the same levels of protection as are required under Spanish data protection legislation. Safeguards include imposing contractual obligations on the recipient of your information or subscribing to “international frameworks” that ensure adequate protection by, among other things, participating in the European Commission’s Standard Contractual Clauses, or complying with one of the exceptions in the law. Please contact us for more information on the safeguards that are in place or if you would like to obtain a copy of these.
Whenever fraud prevention agencies transfer your Personal Information outside of the EEA, they impose contractual obligations on the recipients of that data to protect your Personal Information to the standard required in the EEA. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.
Under data protection law you have certain rights including the following:
As to how to exercise these rights, or to make an inquiry or complaint, you may contact Clearpay in the following terms (always providing a copy of your identity document or any other information that unequivocally identifies you):
Please address your email to the “Data Protection Officer” (DPO) if you would like to speak directly to our DPO.
In any case, you have the right to withdraw your consent, at any time, where we have relied on it. If you withdraw your consent, we may not be able to provide you with certain beneﬁts or services. It will not affect our lawful basis for processing by consent before your withdrawal.
Further, we inform you that you can sign up for the Robinson List at www.listarobinson.es: the advertising exclusion system managed by the Spanish Digital Economy Association (ADIGITAL), in which you can register in order to show your opposition to the use of your data for the purpose of sending you commercial communications.
You also have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) where your data has or is being used in a way that you believe does not comply with data protection laws.
Collecting Personal Information
Clearpay strives to be fair and open about the way we collect information about you and what we intend to do with the information.
If you open a Clearpay account with us or use Clearpay Services, we may collect the following types of information:
We may also obtain information about you from third parties including our Partners and related companies, as well as credit reference and fraud prevention agencies, and publicly or commercially available sources for the purposes of complying with legal obligations which apply to us (eg. anti-money laundering laws). We do not obtain full credit searches, only searches to verify your identity.
We may also collect your Personal Information if you enter a competition or promotion we run (either directly or through our marketing agents or our Partners).
In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with our Websites or Clearpay services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
We may also collect additional information from or about you in other ways, such as through contact with our customer support team, suppliers or service providers (whether via mail, email or through telephone enquiries), your responses to a market survey, and from interactions with Clearpay’s Partners.
Other relevant information
Marketing and Privacy
If you signed up to receive our marketing newsletter or other marketing communications from us, you can opt out any time by clicking the unsubscribe link at the bottom of the message. If you are a customer and subscribed to our marketing newsletter, you can also log-in to your account and update your preferences at any time.
The use of your Personal Information to send you personalised marketing offers and promotions based on your behaviour and preferences is based on consent. We may use the following types of Personal Information:
If you would prefer not to receive such personalised marketing offers and promotions you have the right to opt out of receiving marketing communications.
You can also opt out through the Contact Us section of our website.
LAST UPDATED: 01 December 2021