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Privacy Policy

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

Clearpay, S.A.U.

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:

  • To enter into, manage, execute or assess whether the virtual payment instrument that we offer as part of our payment services, which will allow you to execute and/or request financing under the deferred payment method for the purchases made to our merchants, can be provided.
  • Develop credit risk profiles that help us assess a customer’s creditworthiness and solvency for the purpose of managing the contract.

Clearpay also collects and processes Personal Information for the following purposes: 

  • To send you marketing and promotional communications regarding our own Services and/or similar Services that may be of interest to you and related to those you have already contracted or, as the case may be, to those you had with us at the time.
  • To send you marketing and promotional communications from us or from third parties such as (1) other Group entities; (2) Partners, as defined in this policy, including merchants (this may include marketplaces; payment service providers and e-commerce content management systems), as well as (3) other service providers.
  • In order to send these marketing and commercial communications, we may carry out marketing profiling on the basis of the information provided by you and already held by the data controller, all for the following purposes:
  • Customize the commercial offers that we consider relevant for you. 
  • Improve your user experience.
  • Customer support.
  • To process transactions and send notices about them.
  • To resolve disputes, collect fees, and troubleshoot problems
  • To investigate and prevent potentially prohibited or illegal activities
  • To enforce our rights against you.
  • To learn more about your level of satisfaction, your expectations of us and our Partners, and how we can meet them.
  • To customise, measure, and improve Clearpay Services and the content, layout, and operation of our Websites.
  • To  prevent fraud and money laundering, through the request of information and/or personal Data, in particular, those related to your professional activity, and labour and/or economic activity. 
  • For the purposes of data analysis, including improving our services and those of our Partners, we use analytical tools (including Google Analytics) on our websites which are provided to us by third parties acting on our behalf; we will ensure that your information is secure and protected in accordance with our obligations under applicable data protection legislation.
  • For other purposes to which you have specifically consented; and, as required or permitted by relevant laws and regulations.

If we have obtained your Personal Information according to your position as beneficial owner, director or Partner employee, please, review our Merchant Privacy Policy

If you have applied for a job with us, are a sourced or referred applicant, or have been asked to provide feedback about a job applicant, please refer to our Applicant Privacy Policy.

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:

  • To send you marketing and promotional communications regarding our own Services and/or similar Services – the lawful basis for the processing of your Personal Information is the Clearpay’s legitimate interest in keeping you informed at all times of the financial and payment products and services available to you that may be of interest to you. Opposition to this processing does not condition the execution of the contract(s). We also inform you that you may exercise your right to object and opt-out to receiving this type of commercial communications by contacting the following mail address: eudpo@clearpay.com. In addition, to send you commercial communications about services similar to those you have contracted  from third parties – the lawful basis for the processing of your Personal Information is your consent.
  • For the elaboration of marketing profiles, the lawful basis for the processing of your Personal Information is the consent, without in any case the opposition to this processing conditioning the execution of the agreement(s). In this sense, during the contracting process, you have the right to object to receiving this type of commercial communications.
  • For customer support – the lawful basis of the processing of your Personal Information is the execution of the contractual obligations set out in the agreement.  In this regard, it should be noted that we may record telephone conversations we have with you on the basis of legitimate interest in improving our service standards and for the purposes of providing appropriate training to our staff.
  • To process transactions and send notices about your transactions – The lawful basis for the processing of your Personal Information is the execution of the contractual obligations set out in the agreement, being the use of your Personal Information in this way is necessary for the performance of the services that you request from us;
  • To resolve disputes, collect late fees, and troubleshoot problems – The lawful basis for the processing of your Personal Information is the execution of the contractual obligations set out in the agreement, being the use of your Personal Information in this way is necessary for the performance of the services that you request from us
  • To investigate and prevent potentially prohibited or illegal activities – The lawful basis for the processing of your Personal Information is our legitimate interest in identifying any risks that may affect the provision of the services and to prevent, detect and prosecute fraud and other crimes.
  • To enforce our rights against you – the lawful basis for the processing of your Personal Information is our legitimate interest, being the use of your Personal Information in this way is necessary for recovering any debt owed to us.
  • To learn more about your level of satisfaction, your expectations of us and our Partners, and how we can meet them (for example, in relation our own Services and/or similar services) – The lawful basis for the processing of your Personal Information is our legitimate interest in understanding the customer journey and experience so that we can understand your needs and provide a better service to you, and to help us develop and improve our products and services
  • To customise, measure, assess, and improve (i) Clearpay Services (ii) the content, layout, and operation of our Websites (iii) our advertising and marketing activities – The lawful basis for the processing of your Personal Information is our legitimate interest in understanding the customer journey and experience so that we can understand your needs and provide a better service to you, and to help us develop and improve our products and services
  • To prevent fraud and money laundering, the lawful basis for the processing of your Personal Informationis the legal obligation applicable to all Data Controllers pursuant Anti-Money Laundering and Counter-Terrorism Financing Act (Act 10/2010, April 28) and its related regulations (Royal Decree 304/2014,  May 5).
  • To understand your behaviours and make inferences (e.g. your favourite merchants, your buying and spending habits) to send you marketing and personalised promotional communications – The lawful basis for the processing of your Personal Information is our legitimate interest in understanding your needs when using our Services and for the provision of a personalised service. Please, note that you have the right to object to the processing of your Data for this purpose at any time and we will stop elaborating profiles with marketing and promotional purposes. Please, see the section below entitled “Marketing and Privacy”. 
  • To make our website and app work smoothly and to provide a personalised experience for you, we use cookies and similar technologies. For instance, uniquely identifying your browser or internet device, links you have clicked and content you have viewed on our site. We use this information to personalise your online experience, to analyse and measure our performance to improve our product and services, and so that we and our digital partners can show you relevant adverts on other sites – The use of your Personal Information in this way is based on your consent and you have the right to object to us processing your Personal Information for this purpose at any time. Please also see the section below entitled “Marketing and privacy”. Details on our collection of Personal Information through the use of cookies and analytical services is set out in our Cookies Notice.
  • For purposes necessary to make our app or site work as you would expect it to. This includes, secure identity verification and login, fraud prevention, and remembering your cookies choices – The use of your Personal Information in this way is necessary for our legitimate interests. Details on our collection of Personal Information through the use of cookies and analytical services is set out in our Cookies Notice.

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:

  • To facilitate our global operations we may share your data within our Group and its affiliates and related companies, including those which have its registered office in Australia, United States, United Kingdom, Canada, China, New Zealand and others located within the European Union. With regard to this, we represent that we are bound to an Intercompany Data Transfer Agreement entered into between us and those companies that includes Standard Contractual Clauses.
  • Further, we may share your Personal Information with our Partners and with those suppliers and service providers who help with our business operations including in relation to fraud prevention, identity verification, payment collection, marketing, customer service, and technology services – The use of your Personal Information in this way is necessary for the purposes of our legitimate interests in order to operate and protect our business and to comply with legal obligations that apply to us
  • Collection agencies – If you fail to make payment when due, we may pass your information to a debt collection agency in connection with recovery of monies due under your agreement with us. The use of your Personal Information in this way is necessary for the purposes of our legitimate interests in recovering any debt owed to us
  • Companies providing IT services, tools or IT infrastructure on which the services are based.

Additionally, we may share your Personal information with: 

  • Our merchants and third party suppliers in Spain, France, Italy, United Kingdom and in other countries (including Australia, New Zealand, the United States, China and Canada), so that they can provide goods or services to you (or the recipient of third party goods or services) or respond to a complaint by you, or to help them improve the quality and standard of service they provide to you. The use of your Personal Information in this way is necessary for the purposes of our legitimate interests for the administration of our agreement with you; to protect our business and to improve service standards
  • Financial institutions that we may partner with to jointly create and offer a product. The use of your Personal Information in this way is necessary for the purpose of our legitimate interests in maintaining our funding lines so that our business remains commercially viable
  • Companies that we plan to merge with or be acquired by or who may invest in us. The use of your Personal Information in this way is necessary for the purposes of our legitimate interests to ensure that we or our business remains commercially viable
  • Law enforcement, government agencies or officials, in compliance with the legal obligations that may be applicable to us. 

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.

By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.

Your rights

Under data protection law you have certain rights including the following: 

  • Right of Information: You have the right to be informed and to obtain confirmation on whether we are processing your Personal Information 
  • Right of Access, Rectification and Erasure: You have the right to request access your Personal Information (unless your request is unfounded or unreasonable), as well as to request the rectification of inaccurate or incomplete Personal Information (where appropriate) and, in certain cases, to request its deletion when, among other reasons, the Personal Information is no longer necessary for the purposes for which it was collected.
  • Right to restrict the processing of your Personal Information: In certain circumstances, you may request that we restrict the processing of you data, in which case we will only continue to process personal information where an applicable exemption applies/. 
  • Right to object: You may object to the use of Personal Information that we are processing in accordance with the legitimate interests set out in this privacy policy.
  • Right to data portability:  If it is technically feasible, you may request that we transmit your Personal Information from our systems to a third party’s system in a safe and secure way provided that the personal information has been used and/or processed with your consent or under the existence of an agreement. 
  • Rights relating to automated decision making: You have the right to not to be subject to a decision based solely on automated decision making and it produces a legal effect or a similarly significant effect, unless an exemption or suitable safeguards apply. Please contact us using the contact details below for more information about exercising this right. 

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):

  • By mail at: Paseo de la Castellana, 95 – Torre Europa (Planta 11) – C.P. 28.046 (Madrid).
  • By email: eudpo@clearpay.com 

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. 

We receive and store certain types of information from you when you interact with our websites, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms with a link to this Privacy Policy (“Websites”) to deliver the products you request from us, and help improve your overall online experience.  

If you open a Clearpay account with us or use Clearpay Services, we may collect the following types of information:

  • Contact information, such as your full name, ID number, address, phone number, email, and other similar information.
  • Financial information, such as credit or debit card numbers that you link to your Clearpay account or give us when you use Clearpay services.
  • Detailed Personal Information such as your date of birth, driver’s licence number, or other identification information or documents.

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.

You may choose to provide us with access to certain Personal Information stored by third parties such as social media sites (e.g., Facebook and Twitter). These third parties are responsible for their own privacy policies and practices. Please contact them directly for more information about their policies. The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Clearpay account and authorising Clearpay to have access to this information, you agree that Clearpay may collect, store and use this information in accordance with this Privacy Policy.

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.

Marketing Profiling

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:

  • your demographics, such as, your age and location, and aggregated performance criteria; 
  • purchase and spending habits, such as, your preferred merchants and products, and the recency and frequency of engagement with us; 
  • how you interact with us, such as by clicking one of our marketing messages and then purchasing something from a merchant; 

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