Legal Notice

EU Residents : IMPORTANT NOTICE

By proceeding to use the iSignthis service you acknowledge that We, including iSignthis eMoney Ltd and our other group entities, will collect, process and store Your personal data and may share such data with other EEA regulated entities.

You grant Your consent that we collect personal and payment related data, check such data with various third parties including the issuer of such data or their authorised representatives, in order to meet our obligations as an EEA Authorised Monetary Financial Institution, provided that we do so to either,

i) identify you under the 4th Anti Money Laundering Directive (Directive (EU) 2015/849) (“4AMLD”) on behalf of iSignthis eMoney Ltd or one of our and/or 4AMLD regulated Merchants and/or

ii) to process payments between under the Payment Services Directive  (Directive (EU) 2015/2366) (“PSD2”) between You and either iSignthis eMoney Ltd or at least one of our Merchants, whereby YOU have granted explicit consent for us to do so under the PSD2 by providing to Us Your payment and personal data, together with confirmation of the amount to be processed, and any necessary authentication requirements, in order to initiate identification and/or payment.

You understand that Your personal data related to our performance or compliance with either the 4AMLD and PSD2 will be retained by Us as a data controller for a minimum of five (5) years as required by law, and that such data may not be subject to a ‘right to be forgotten’.

We may use the data provided by You to Us to in the future to either i) process payments or ii) offer You additional payment related services.

 

General Legal Notice

Registration and ongoing use of the iSignthis Service This is an agreement between You and iSignthis for provision of identity, payment, and/or authentication services, in order to provide iSignthis or its contracted Merchant third parties with assurance of Your identity or to authenticate or process payment transactions. iSignthis provides the iSignthis Service to Yourself and in conjunction with various third parties that include online merchants, payment gateways, payment processors, payment service providers, financial institutions, gaming, gambling, securities dealers and entities regulated by financial or anti money laundering regulations, which jointly or severally comprise the “third party services”. The “iSignthis Service” is the service provided to You as the customer.

Legal Notice

Acceptance of Terms

When you click on the “I Consent to be Verified” button, you agree to these Terms, to accept our “cookies” and acknowledge our Privacy Notice (collectively the “Terms”).

If you do not agree to all of these Terms, close the browser window immediately and do not proceed. If you do not accept these Terms, you will not be entitled to use our services and must not proceed. iSignthis reserves the right at our discretion to make changes to these Terms. Upon any change, we will post the updated Terms on our website.

You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. Your continued use of any iSignthis services constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you are not entitled to continue to make use of the iSignthis services.

When using or accessing services offered through third party service providers, you will be subject to terms posted by the service providers. Use of third party services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.

In order to register or use iSignthis services, you must be at least 18 years old and legally capable to enter into contracts, and be the holder of a payment instrument that includes a valid credit or debit card, or operate bank accounts with direct debit access.

You may only use the iSignthis services for your personal, individual use. You may not use the iSignthis services for commercial purposes and may not resell or otherwise provide other persons with access to the iSignthis services using your password or user name.

The terms “you” and “user” and “End User” refer to the person that registers for the iSignthis services or has their identity verified, payment processed, or payment authenticated via a iSignthis service on behalf of one of our Merchants and/or iSignthis eMoney Ltd.

Where we collect payment directly from You on behalf of iSignthis acting as a Merchant for our identity services, including via the Web Shield Ltd service (UK Company Number 07893072, http://www.webshield.com), it is via Authenticate B.V. in the Netherlands for the European Economic Area (EEA), or Authenticate Pty Ltd for the rest of world, with Conditions of Sale per below.

Definitions

“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate. We reserve the right to introduce additional payment instruments without notice or amendment of these terms.

“iSignthis” includes iSignthis B.V (Netherlands KVK 60762187), Authenticate B.V. (KVK 62744968), Authenticate Pty Ltd (Australian ACN 600 573 233), iSignthis UK Ltd (Company Number 10002662), iSignthis Inc (a Delaware Company), iSignthis (IOM) Limited (Company Number 130619C), iSignthis eMoney Ltd (Company Number HE 348009), ISX IP Ltd (BVI Company Number 1842689) and their subsidiaries.

“iSignthis eMoney Ltd” means iSignthis eMoney Ltd (Cypriot HE 348009), of Athalassa Avenue 26, Strovolos, 2018, Nicosia, Republic of Cyprus, which is a eMoney Monetary Financial Institution #115.1.3.17 authorised by the Central Bank of Cyprus with freedom to operate within the European Economic Area.

“Merchant” includes any entity, including an ecommerce service, or regulated payment service provider, trading, gaming, financial, banking, or other service, that refers You, the End User, to the iSignthis service for any of identity verification, payment processing, payment authentication or any other payment service, including antimony laundering, antifraud and counter funding of terrorism transaction monitoring.

“Paydentity Profile” means the identity and payment profile that we create and store based upon your personal data and payment data provided during any identity verification or payment process.

Payment of Service Fees and Additional Charges

 

We charge our fees to Merchants, payment service providers, payment processors, AML obligated firms, and Financial Institutions. Except where you are being identified as part of a Merchant on-boarding process as either a person of significant control (PSC) or an ultimate beneficial owner (UBO), the iSignthis identity and payment processing services are usually free of charge to payment account holders, and you will be told prior to provision of any services, if you are being asked to make a payment to use the iSignthis services.

Where we provide IBAN account, wallet or card issuance services, fees for such services will be advised to you before acceptance and delivery of the service.

Any other fees associated with your financial institution accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Service Limitations

iSignthis is unable to foresee or anticipate every technical or other difficulty with the iSignthis services. The third party services or iSignthis services may contain errors, bugs, or other problems from time to time. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the iSignthis services are provided “AS-IS”, without warranties of any kind. iSignthis cannot assume responsibility for any failure to authenticate, timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

Service Changes and Discontinuation

iSignthis reserves the right to change or discontinue, temporarily or permanently, the iSignthis services at any time without notice. You agree that iSignthis will not be liable to you or any third party for any modification or discontinuance of the iSignthis services.

iSignthis reserves the right to alter features, licensing terms, or other characteristics of any version of services that it releases.

Usage Rules

For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call ” Usage Rules”. Any conduct that violates the Use Rules is grounds for refusal to provide the iSignthis services and for termination of your iSignthis services account.

  • No Anonymous Networks. We will not allow you to use our service if you use technology that hides or makes your network or devices anonymous in any way. We are here to create a safe online environment for consumers and merchants, and must have some minimum information to create a trusted environment.

 

  • Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at web sites that provide third party services, information as requested in iSignthis’ registration form (or at our partner sites) and account setup process, and you agree to not misrepresent your identity or your account registration information. You agree to keep your registration and payment instrument information up to date and accurate. Failure to provide accurate and complete information during registration may prohibit the use of the iSignthis services or result in payment not being successful, or third party services not being available. You also certify that any payment instrument you use with the iSignthis services is issued in your name and is a payment instrument that you are authorized to use.

 

  • Protect Your PINCode. You are responsible for maintaining the confidentiality of your PINCode, and ensuring that your mobile phone is not accessible by others. You are fully responsible for all activities that occur using your PINCode and any one-time password we send to your mobile phone. Please notify the issuer of your payment account immediately of any unauthorized use of your payment account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your PINCode and/or password sent to your mobile phone, or unauthorised use of your payment account, either with or without your knowledge, under such circumstances. You may not use anyone else’s password at any time. This also applies to any passwords required for use of other services provided by iSignthis’ partners.

 

  • Customer Service Requests. If you request end user customer service assistance or report a problem with the iSignthis Service, it may be necessary for iSignthis, iSignthis eMoney Ltd or our Merchant Customer’s service operators to access your account and view your account information.

 

  • Respect the Law. You agree not to use the iSignthis services Service for illegal purposes or for the transmission of material that is unlawful, harassing, libellous(untrue and damaging to others) invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. Please also note that we may need to disclose your details to your financial institution, regulators, law enforcement agencies, or under judicial or court order.

 

  • Proprietary Rights. You acknowledge and agree that iSignthis and/or its licensors or suppliers own all rights to this website and the iSignthis services, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the iSignthis services. You are only permitted to use any the foregoing as expressly authorized by these Terms and otherwise by the iSignthis services. You may not copy, reproduce, distribute, or create derivative works from any content. Further, you agree not to reverse engineer or reverse compile any technology associated with the iSignthis services, including but not limited to, any software applications or Java applets associated with the iSignthis services.

 

  • At least 18 years of age. With regards to the iSignthis evidence of identity service, the service is not intended for use by persons under the age of 18. If you are under 18, you may not use the iSignthis services or download a mobile version of it, and you may not provide us with any of your personal details. iSignthis will not knowingly collect any personal information from persons under the age of 18.
Rights You Grant to iSignthis
  • Content You Provide. Subject to iSignthis’ Privacy Notice, you are licensing to iSignthis any information, data, passwords, materials, or other content you provide to iSignthis and the third party services, or that is retrieved from third party sites at your request (collectively, “Content”). You consent to allowing account, including card, bank or wallet accounts, and /or document details, including government issued documents, that you provide to us to be verified with the respective issuer. With the exception of account data, identification documents, personally identifiable information or payment specific data, iSignthis may use, modify, display, distribute and create new material using de-personalised Content to provide the iSignthis Service to you. The use of Content is fundamental to the provision of the iSignthis services. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, iSignthis may use the Content for the purposes set out above. In addition, iSignthis welcomes your feedback as a user of this service. Any feedback you provide will become the confidential and proprietary information of iSignthis, and you agree that iSignthis may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you provide relating to iSignthis. iSignthis shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use Content and feedback for any purpose, including but not limited to, incorporation of such feedback into iSignthis, social media or other iSignthis software or services. You explicitly agree that any Content provided may be used to process payments for your benefit or to identify you in order subscribe or enrol you to financial services provided by either our Merchants or an iSignthis group company.

 

  • End User Customer Service Efforts. If you request end user customer service or other assistance from either one of our Merchants or iSignthis, you acknowledge and agree that iSignthis personnel, located in either the EEA or Australia, are authorized to access and view your account and information to provide such assistance and support.
Identity Profile

The purpose of the iSignthis Paydentity™ services is to process payments and/or to build an identity profile of you based on information provided by you, or obtained through third party providers. Your unique iSignthis Paydentity™ profile will be retained and used by iSignthis and our Merchant Customers (being the merchant supplying you a service or identity service) for purposes including payment processing, legally mandated identity verification, anti money laundering, counter terrorism funding, detection, prevention & response to fraud, and security control.

The payment and identity verification services are provided by iSignthis solely as a service, and any decision made relating to acceptance of your payment and/or verification of your identity is that of our Merchant Customers or iSignthis eMoney Ltd. In agreeing to any identity verification you are agreeing to be pre-verified by iSignthis eMoney for the issuance of e-money, and for iSignthis eMoney to allow your Paydentity profile to be shared with our Merchants, law enforcement agencies, regulators , card schemes, and upstream payment service providers and for your Paydentity profile to be relied upon by other Anti-Money Laundering obliged entities.

By agreeing to this pre-verification you are ensuring that your identity profile is held by iSignthis eMoney for European Economic Area (EEA) End Users, or Authenticate Pty Ltd for Australian End Users, as the respective EEA and Australian operating companies obligated under Anti-Money Laundering laws.

By agreeing to have your identity verified you are not committing to the provision of any services, except those which you have expressly asked our Merchant Customer or iSignthis eMoney to provide to you.

In addition to these Terms, the use of your identity profile or parts of it may also be subject to agreements you have directly with third parties. The third parties include our Merchant Customers who sell or provide you with goods or services. iSignthis is not a party to any agreement you may have with any Merchant Customer of iSignthis. If you have a dispute with one or more Merchant Customers of iSignthis, you forever release us, our affiliates, subsidiaries, licensors, suppliers and service providers, employees, directors and agents from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.

For the purpose of the European Union’s Data Protection Directive 95/46/EC iSignthis eMoney Ltd is a data controller is a data processor. iSignthis eMoney Ltd is registered with the Cyprus data protection agency, and iSignthis UK Ltd, iSignthis BV and iSignthis eMoney Ltd are registered separately with the UK’s ICO. All data related to EU citizens is stored within the EU, but may, on a case by case basis, be accessed by Authenticate Pty Ltd employees and direct contractors in Australia.

Cross Border Transfers of your Information

iSignthis is committed to adequately protecting your information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.

BY USE OF OUR SERVICES YOU EXPRESSLY GRANT PERMISSION FOR YOUR DATA TO BE SHARED BETWEEN AUTHENTICATE B.V (Netherlands), iSignthis EMONEY LTD (Cyprus) and AUTHENTICATE PTY LTD (Australia), which shall be subject to either EU Privacy requirements if You are domiciled in the European Union, or Australian Privacy law if You are domiciled in Australia.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE ISIGNTHIS SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE PROCESSORS, FINANCIAL INSTITUTIONS, AND THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ISIGNTHIS SERVICE IS AT YOUR SOLE RISK. THE ISIGNTHIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISIGNTHIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE ISIGNTHIS SERVICE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ISIGNTHIS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ISIGNTHIS IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY ISIGNTHIS OR ANY THIRD PARTY.

THE OFFICIAL LANGUAGE OF THE ISIGNTHIS SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF THE ISIGNTHIS SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. ISIGNTHIS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE ANY TRANSLATION PAGES. ISIGNTHIS AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE ISIGNTHIS SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE ISIGNTHIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ISIGNTHIS SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ISIGNTHIS SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ISIGNTHIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISIGNTHIS OR THROUGH OR FROM ISIGNTHIS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

Limitation of Liability

 

YOU AGREE THAT NEITHER ISIGNTHIS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ISIGNTHIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE ISIGNTHIS SERVICE;• THE USE OR THE INABILITY TO USE THE ISIGNTHIS SERVICE;
  • THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ISIGNTHIS;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;• STATEMENTS OR CONDUCT OF ANYONE ON THE ISIGNTHIS SERVICE;
  • THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
  • ANY OTHER MATTER RELATING TO THE ISIGNTHIS SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, OUR MAXIMUM LIABILITY IS LIMITED TO USD$10,000.

Indemnification

You agree to protect and fully compensate iSignthis and its affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the iSignthis Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Electronic Communications

 

These Terms and any notices or other communications regarding the iSignthis Service may be provided to you electronically, and you agree to receive communications from iSignthis in electronic form, which may take the form of e-mail, text messages, or other mobile & electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on the iSignthis Service web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying iSignthis of your decision to do so. If you revoke your consent to receive communications electronically, iSignthis will treat this as your repudiation of these terms and you may not subsequently use the iSignthis Service. It is your responsibility to provide iSignthis with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. iSignthis shall treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. iSignthis reserves the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

Amendment to Terms

We reserve the right at our discretion to make changes to these Terms. Upon any change, iSignthis will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. If you continue to use the iSignthis Service thereafter, your continued use of the iSignthis Service constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of the iSignthis Service.

Assignment

You may not assign these Terms to any other party. iSignthis eMoney Ltd and/or iSignthis may assign these Terms to any future, directly or indirectly, affiliated company. iSignthis eMoney Ltd and/or iSignthis may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.

No Waiver

iSignthis shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by iSignthis. No delay or omission on the part of iSignthis in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Exclusive Agreement

You agree that these Terms are the complete and exclusive statement of the agreement between you and iSignthis with respect to the iSignthis Service, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and iSignthis relating to the subject matter of these Terms. These Terms, as may be amended from time to time, will prevail over any subsequent oral communications between you and iSignthis.

If any part of these Terms is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the offending part is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining which will continue in full force and effect.

Mobile Devices

The iSignthis services may be available through a compatible mobile device, including tablets and smart phones. Your use of the iSignthis services may be become subject to charges by your wireless carrier. iSignthis assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. You agree that you are solely responsible for these charges as well as any software requirements or updates required to access or use the iSignthis services.

ISIGNTHIS SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES OR REPRESENTATIONS AS RELATES TO (a) AVAILAIBLITY OF YOUR WIRELESS SERVICE FROM YOUR WIRELESS CARRIER, UNINTERRUPTED ACCESS TO, OR TRANSMISSION OF DATA OR COMMUNICATIONS IN CONNECTION WITH ISIGNTHIS, AND (b) ANY LOSS OR OTHER SECURITY BREACH OF THE WIRELESSS SERVICE.

Patents

Granted Patents include US Patents 8,620,810, 6032863, 7588181, 8131617, 7765153, 8805738, Australian Patents AU2010100533, AU2011235612, Portuguese Patent PT2011120098, Swedish Patent SE1251231-5 and others.

Granted/Pending Patents include Australia, 2010100533, Australia, 2011235612, US 8,620,810, Europe, 11761840.5, Canada, 2,791,752, India, 2363/KOLNP/2012, New Zealand, 601718, Singapore, 183509, South Africa, 2012/06455, Brazil, 112012024646-1, People’s Republic of China, 201180014816.4, Republic of Korea, 10-2012-7027228, Malaysia, PI 2012004099, Hong Kong, 13109165.5, Australia, 2012261779, Portugal, 2011120098, Sweden, 1251231-5, South Africa, 2014/00709, PCT/AU2016/050401, United States of America, 15/010,909, Republic of Korea, 10-2016-7014689, Australia, 2016238964, Australia, 2016904748, Australia, 2017901038, Australia, 2015367299, Canada, WO 2016/094954, New Zealand, 732841, South Africa, 2017/04339, US, 15/536219, US, 6032863, US, 7588181, US, 8131617, US, 7765153, US, 8805738, Australia, WO 2016/101027, Canada, WO 2016/101027, New Zealand, 733118, South Africa, WO 2016/101027, US, 15/538958

Trademarks

“iSignthis”, “Paydentity”, “ISXPay” and “MerchantProtect” are trademarks of iSignthis Ltd in various jurisdictions including the USA, the European Union and Australia.

Choice of Law

If You are domiciled in the EEA, then the laws and competent courts of Cyprus govern the interpretation and performance of these Terms.
If You are domiciled in Australia or elsewhere, then the laws and competent courts of the State of Victoria, in the Commonwealth of Australia govern the interpretation and performance of these Terms.

Accountability

Our privacy office is responsible for ensuring that our day-to-day procedures comply with this Privacy Policy. If you want to exercise your right to access your information or have any questions about this privacy statement, iSignthis information practices, or your dealings with iSignthis, you can contact us by emailing us at privacy@isignthis.com

 

Identity Services – Where Authenticate BV or Authenticate Pty Ltd accepts payment directly – Conditions of Sale

These Conditions of Sale govern the sale of identity services to you by Authenticate BV within the EEA, or Authenticate Pty Ltd for rest of world, and are to be read in addition to the terms and conditions above. When you use an iSignthis service, you will also be subject to these terms, and any special conditions that we make you aware of at the time of use that may be applicable. If these Conditions of Sale are inconsistent with the Special Conditions, those Special Conditions will take precedence.

Identity Services - Where Authenticate BV or Authenticate Pty Ltd accepts payment directly - Conditions of Sale

1. OUR IDENTITY SERVICES SALE CONTRACT

Your order is an offer to iSignthis to buy the identity service as recommended by the Requesting Entity. The Requesting Entity is usually one in which you have a direct or indirect relationship, and the Requesting Entity has a requirement to identify you. When you place an order to purchase a identity service from iSignthis, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the identity service(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a identity service ordered by you, when we accept your successful payment and you provide the identity details we request. Your contract is with Authenticate BV for EEA residents, and Authenticate Pty Ltd if you are resident elsewhere in the world.

We do not offer a right to cancel the identity services once commenced, with use commencing upon provision of all or part of the requested identity details pertaining to you.

You consent to receive sales invoices electronically via PDF or plain text email format.

2. PRICING AND VAT

All prices are inclusive of legally applicable Value Added Tax (VAT) or Goods and Services Tax (GST).

3. APPLICABLE LAW

These conditions are governed by and construed in accordance with either i) the laws of the Netherlands for EEA domiciled End Users or ii) the laws of Victoria, Australia , and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands for EEA resident End Users and the Courts of Victoria, Australia for End Users domiciled elsewhere, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the Netherlands or in the EU country in which you live, or Victoria, Australia in all other cases.

4. OUR CONTACT DETAILS

Our contact details are: customersupport@isignthis.com

iSignthis BV, Barbara Strozzilaan 201, 1083HN, Amsterdam, The Netherlands

Privacy notice & disclosure

EU residents : iSignthis complies with the European Data Protection Directive 95/46/EC, and is registered with various EU data protection agencies.

Non EU Residents : For persons resident outside the EU, Australian Privacy law is applicable.

iSignthis is third party certified to ISO27001 and Payment Card Industry (PCI) Data Security Standard (DSS) Level 1,

For all more information or privacy related matters, please contact us on privacy@isignthis.com

Privacy notice & disclosure

Why we are collecting data

Our service is used to secure payments on the internet, mitigate fraud, and to allow payment processors and/or other entities regulated under anti money laundering regulation to comply with their obligations. The data collected is

  1. used to identify You, and/or
  2. that the holder of a payment instrument presented during a remote payment is authorised to use said payment instrument, and/or
  3. to comply with financial regulations.

Information collected while You are using our service may also be used to analyse trends, administer the service, improve site performance, gather broad demographic information, and for security purposes.

What data is collected

When You use the iSignthis service, including when you browse the company”s website, or follow links provided by your merchant or payment processor to register a payment instrument with us or, when You authenticate a transaction for payment on a previously registered payment instrument, we collect information regarding your interaction with our Service.

In addition to information that You directly provide to us when using our Service, information that we collect may include certain details of the payment instrument used during a financial transaction, the domain and host from which You access the Internet, the Internet Protocol address of the computer/device and/or Internet Service Provider You are using, your device characteristics including operating system, installed packages, language set, serial number, and your mobile/cell phone number, geo-location, cell tower location and anonymous site statistical data.

At no time do we request or store your primary identification and personal details including passport, drivers license, birth certificate details or bank account logins for any purpose other than that disclosed to You, or, in order to comply with our regulatory obligations, including anti money laundering checks. We rely on your bank having sighted and noted these primary identification documents at payment account opening stage.

Your consent

By using our Service you are providing consent that information collected whilst interacting with iSignthis including during registration or authentication processes, may be presented to the merchant, payment processors and/or financial institutions involved with the specific payment transaction with whom You, or someone using a payment instrument issued to You, initiated a financial transaction. This data may be shared and matched by us, and the merchant/payment processor/financial institutions involved in the transaction, in order to settle any disputed or queried transactions with your financial institution. We may use the data we collect in any legal action to recover losses due to suspected fraud, without further notice to you.

By using our Service you consent that documents, data and information may be shared without notice to the issuer, payment processing providers, Merchants we provide services to under contract, law enforcement or financial regulator agencies at any time, including where fraudulent activity is suspected, or where a request for information is made by a law enforcement or financial regulator agency.

Security

In order to devalue the risk of breach, we do not ever store complete payment instrument details, and we minimise any personally identifiable information held to that required to meet our regulatory obligations. This ensures that any data we do store does not provide a means for unauthorised parties to initiate payment transactions. All payment and personal information is stored in an encrypted format at a facility that complies with Payment Card Industry (PCI DSS Level 1) requirements, and ISO 27001. We operate facilities in the European Union, China, Australia.

Online security and privacy is our business, and we comply with the privacy requirements of all jurisdictions we operate in.

Definitions

“Payment Instrument” includes any credit/debit card, virtual card, bank account, direct debit, eWallet, eMoney or eMandate.

“iSignthis” includes iSignthis B.V (Netherlands KVK 60762187), Authenticate B.V. (KVK 62744968), Authenticate Pty Ltd (Australian ACN 600 573 233), iSignthis UK Ltd (Company Number 10002662), iSignthis Inc (a Delaware Company), iSignthis (IOM) Limited (Company Number 130619C), iSignthis eMoney Ltd (Company Number HE 348009), ISX IP Ltd (BVI Company Number 1842689) and their subsidiaries.

 

Australian Credit Check

Privacy Consent

 

With completion of the iSignthis Payment Instrument Verification (PIV) process you give consent under the terms of the ‘Australian Credit Check – Privacy Consent’ to us and some other entities collecting, using, holding and disclosing personal and credit information about you. You can find out more about how we deal with your privacy by viewing our privacy policy at https://www.isignthis.com/legal-and-privacy-notice/ . If you do not provide us with this consent or provide us with your personal information we may not be able to arrange finance for you or provide other services.

“We/Us” means Authenticate Pty Ltd (trading as ISXPay), ABN 49 600 573 233 and our related entities that assist us to provide our services. “You/I” is the person whose name appears on the application. We may collect, use, hold and disclose personal and credit information about you for the purposes of:

  1. managing our relationship with you;
  2. complying with applicable laws both in Australia and overseas, including (without limitation):
    • the National Consumer Credit Protection Act; and
    • the Anti-Money Laundering and Counter Terrorism Act and Regulations.
  3. arranging or providing credit to you;
  4. managing that credit; and
  5. direct marketing of products and services by us;

Credit information includes the type and amount of credit provided to you, repayment history information, default information (including overdue payments) and court information. Personal information includes any information from which your identity is apparent. We may disclose your personal information overseas.

You may gain access to the personal information that we hold about you by contacting us. A copy of our privacy policy can be obtained at https://www.isignthis.com/legal-and-privacy-notice/ or by contacting us at privacy@isignthis.com . Our privacy policy contains information about how you may access or seek correction of your personal information and credit information, how we manage that information and our complaints process. It also contains information on ‘notifiable matters’ including things such as the information we use to assess your creditworthiness, what happens if you fail to meet your credit obligations or commit a serious credit infringement, your right to request that credit reporting bodies (CRBs) not use your credit information for the purposes of pre-screening credit offers, and your right to request a CRB not to use or disclose credit information about you if you believe you are a victim of fraud, account takeover or impersonation.

Consumer and commercial credit information

We may exchange your commercial and consumer credit information with entities listed below to assess an application for consumer or commercial credit and manage that credit. In particular, we can obtain credit information about you from a CRB providing both consumer and commercial credit information.

Exchange information with credit providers

We may exchange your personal and credit information with other credit providers for the purposes of assessing your identity, creditworthiness, credit standing, and credit history or credit capacity.

Exchange information

We may exchange personal and credit information with the following types of entities, some of which may be located overseas. By consenting to us disclosing your personal information to overseas recipients, you agree that Australian Privacy Principle 8.1 shall not apply to the disclosure, meaning that ISXPay will not be obliged under the Privacy Act to ensure that an overseas recipient does not breach the Australian Privacy Principles and will not be liable under the Privacy Act if the recipient does not act consistently with the Australian Privacy Principles. By completing this application you consent to such overseas disclosures. Please see our privacy policy for more information.

  • Finance brokers, mortgage managers, and persons who assist us to provide our products to you
  • Financial consultants, accountants, lawyers and advisers
  • Mortgage insurers
  • Any industry body, tribunal, court or otherwise in connection with any complaint regarding the approval or management of your loan – for example if a complaint is lodged about us or the lender
  • Businesses assisting us with funding for loans
  • Trade insurers
  • Any person, where you have provided your consent
  • Any person who proposes to guarantee or has guaranteed repayment of any credit provided to you
  • Any person where we are required by law to do so
  • Any of our merchants, associates, related entities or contractors
  • Your referees, such as your employer, or listed contacts to verify information you have provided
  • Any person considering acquiring an interest in our business or assets
  • Any organisation providing online verification of your identity
  • The official record holder or issuer via third party systems

Customer identification

We may disclose personal information about you to an organisation providing verification of your identity, including on-line verification of your identity, including the official record holder or issuer via third party systems.

You consent to the receipt of notices and other documents in connection with our dealings with you by email or by accessing our website.

We may exchange your personal and credit information with the following credit reporting bodies:

If you do not provide personal information, we may be unable to identify you, or to arrange or provide regulated services for you.

Sending you marketing material

From time to time we may use your personal information to provide you with current information via SMS or other marketing channels about finance, offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.

If you do not wish to receive marketing information, you may at any time decline to update your marketing preferences to receive such information by emailing us on privacy@isignthis.com or by writing to us at PO Box 429, Richmond, 3121, Victoria. If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

By using the unsubscribe function in a direct marketing communication you will only unsubscribe from that entity / brand who sent you that communication and method of delivery. Please let us know if you would like to unsubscribe from ISXPay or any of its related entities. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

This includes but is not limited to contacting you by telephone, SMS, mail or email.

I acknowledge that by digitally signing this Australian Credit Check – Privacy Consent by providing the correct Payment Instrument Verification PIV) response, that I agree to the ISXPay Privacy Policy and agree to receiving offers and promotions that may be of interest to me.

DECLARATION

I hereby declare that:

  1. I have read the section entitled “Privacy Consent” and give my consent for my personal information to be be used in accordance with such.
  2. I have given my consent to receive electronic communications from ISXPay.
  3. This is an application only and that ISXPay is not obliged to give me credit
  4. I am not known by any other name(s) not listed on this application
  5. I will provide all necessary information as requested for identification and verification
  6. All information contained in this application is true and correct
  7. I authorise my employer or accountant to disclose any salary, employment or financial details to ISXPay

Cookies

A cookie is a small file webpages use to store data on your device.

Cookies

How iSignthis uses cookies

To disable cookies please adjust your browser settings. Each browser is different, so check the ‘Help’ menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences. The Help menu on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. If you disable all cookies, you may not be able to complete the identification and/or payment authentication process.

Cookies are small text files of information stored on your computer when you visit certain webpages, with unique identifiers. De-personalised information may be sent to or analysed on our behalf by third parties. Information linking you to a transaction may be sent at any time to law enforcement agencies, financial regulators or payment service providers involved in the payment transaction.

Sessions

In order to maintain the flow of the application several small cookies are stored to track the application state, device details, network characteristics and local references. We don’t allow responses from anonymous networks.