Privacy policy

Welcome to the Privacy Policy for Surfboard Payments

Thanks for using our websites and services. Personal integrity is important to us and we take your privacy seriously. This Privacy Policy aims to provide you with sufficient information regarding our use of your personal data. Please read this Privacy Policy carefully. By reading this Privacy Policy, we hope you feel confident that we work hard to live up to your expectations.

Please contact us if you have any questions regarding this Privacy Policy or in general questions regarding your personal data. You can always contact us by sending an email to privacy@surfboardpayments.com.

Surfboard Payments AB, Torsgatan 30, 130 21 Stockholm, a Swedish limited liability corporation, ( “we”, “our”, “us” or ”Surfboard Payments”), including our affiliates, is committed to protecting and respecting the privacy of any individual whose personal data we process as part of us providing our products and services under the Surfpay and Surfboard Payments brands (altogether “Services” or “Payment Services” below, and also includes products and services provided by affiliates within our group “Surfboard Payments Group”).

Surfboard Payments Group consists of Surfboard Payments AB, Retake AB and Surfboard India Pv Ltd.

What is personal data?

Personal data is all kind of information directly or indirectly identifying a physical person being alive. This means that e.g. name, address, phone number but also log data and encrypted data and other types of electronic ID’s (e.g. IP-addresses) is personal data in the event they can be connected to a physical person being alive may be personal data.

What is processing of personal data?

Processing of personal data is every action that is taken in relation to personal data, irrespective of if it is done in an automated way or not. Examples of common processing actions is collection, registration, organization, structuring, storaging, adaptation, transfer and deletion.

Does this Privacy Policy cover all our processing activities?

No, it only concerns the processing of personal data for which we are the data controller – in other words, where we decide the purposes (why the personal data is collected) and means (which personal data is collected, for how long it is stored, etc.) of the processing.

In relation to whom are we a data controller?

Merchant

We are the data controller for personal data processed when our customers register for and/or use our services and when our customers purchase products from us such as accessories, if they are a natural person (“Merchant”).

This means that we are a data controller for any personal data that we process about you as a sole trader or an individual.

CEO, board members, beneficial owners and authorised signatories of our customers

We are the data controller for personal data obtained when our customers, other than sole traders, register for our services and during the registration process provide information regarding their corporate structure which may include personal data.

This means that we are the data controller in relation to personal information in relation to the CEO and board members of any of our business customers that are a limited liability company or equivalent and in relation to personal information of the beneficial owners, if they are a natural person, of our business customers.

We are also the data controller in relation to the authorised signatories of our business customers.

Representatives of customers

We are also the data controller of personal data relating to customer representatives who are the representatives of our customers and the people who use our services and/or products.

This also means that we are the data controller for representatives of potential customers who are either website visitors who submit personal data through any of the forms on our websites or otherwise contact us through for example our customer support or people who might be interested in our services and/or products whose information we got from other sources.

End-customers

We are the data controller for the processing of personal data that takes place when a customer of our Merchant (“End-customer”) chooses to pay

1. by card or its smartphone, tablet or other compatible mobile device enabling the End-customer to make contactless smartphone/device transactions through the use of the Surfpay app installed on the Merchant's smartphone, tablet or other compatible device 
2. through the use of third party payment providers for the services and/or products provided by any of our Merchants who use Surfpay or other Services in its physical store (or elsewhere for Merchants who do not have a fixed place of business).

We are also the data controller when End-customers want to receive a receipt for the services and/or products provided by any of our Merchants who use Surfpay or other Services in their physical store (or elsewhere for Merchants who do not have a fixed place of business).

We are also the data controller when we inform End-customers about targeted offers, loyalty-based offers or any other offers regarding services provided by any of our Merchants who use Surfpay or other Services in their physical store (or elsewhere for Merchants who do not have a fixed place of business). 

Website visitors and individuals telephoning or e-mailing our support

We are furthermore the data controller for personal data processed when someone contacts us through our support channels.

This means that we are the data controller for personal data processed about website visitors (i.e. the people that merely browse our websites).

What information do we process about you, for what purposes and how is it lawful for us to do it?

Merchants

Categories of personal data we process

• Identification information: e.g. identification number, ID, passwords or equivalent
• Contact information: e.g. name, address, phone number, email or equivalent
• Financial information: e.g. bank details, card information, financial transactions or equivalent, credit history (including credit score), information related to invoices that we have issued.
• Information related to legal requirements: e.g. customer due diligence and anti-money laundering requirements, bookkeeping.
• Behavioural and tracking details: e.g. location data, behavioural patterns, personal preferences, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites

Other than End-customer or Merchant

CEO, board members, beneficial owners and authorised signatories of our customers

Categories of personal data we process

• Identification information: e.g. identification number, ID or equivalent
• Contact information: e.g. name, address, phone number, email or equivalent
• Information related to legal requirements: e.g. customer due diligence and anti-money laundering requirements.

Representatives of customers

Categories of personal data we process

• Identification information: e.g. identification number, ID or equivalent
• Contact information: e.g. name, address, phone number, email or equivalent
• Behavioural and tracking details: e.g. location data, behavioural patterns, personal preferences, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites

End-customers

Categories of personal data we process

• Identification information: we do not process any identification information about you.
• Contact information: e.g. your name, phone number, address and email address or equivalent.
• Financial information: we process credit and debit card information such as card number, expiry date and CVV code, card holder name, financial transactions or equivalent, details about what products and/or services you have purchased.
• Information related to legal requirements: e.g. customer due diligence and anti-money laundering requirements, bookkeeping.
• Behavioural and tracking details: e.g. location data, behavioural patterns, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites

Website visitors and individuals contacting our customer support 

Categories of personal data we process

• Contact information: e.g. name, address, phone number, email or equivalent
• Behavioural and tracking details: e.g. location data, behavioural patterns, personal preferences, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites

What Personal Data do we collect from third parties?

We process personal data obtained from selected third parties such as credit bureaus, fraud detection agencies, other financial institutions and other information providers, and from publicly available sources (such as population registers and registers held by tax authorities, company registration offices, enforcement authorities etc). Third parties from which we obtain personal data can also be e.g. social networks or similar that you have linked your ”Surfpay Account” (used for the Services) with. In connection with payments we collect information from e.g. banks, payment service providers and others.

Other external resources from which we may collect information are sanctions lists (held by international organisations such as the EU and UN as well as national organisations such as Office of Foreign Asset Control (OFAC), warnings issued by Finansinspektionen, available at: https://www.fi.se/sv/vara-register/fis-varningslista/ or any other warnings on the following website: https://www.fi.se/sv/, registers held by credit-rating agencies and other commercial information providers providing information on e.g. beneficial owners and politically exposed persons. 

How will we  not  use the information about you?

We will never use your personal data for any other purposes than those listed in this Privacy Policy, unless we collect your written consent or inform you prior to initiating any processing for new purposes or a purpose that is compatible with the purpose for which we collected the personal data, all in accordance with applicable laws and regulations.

What we will not do with your personal data:

We will not share personal data with third parties for them to use for their own marketing purposes without ensuring that there is a lawful ground to do so.

We will not sell your personal data to third parties.

What about automated decision making and profiling?

Automated decision making is the process of making a decision by automated means without any human involvement. Profiling means analysis of an individual's personality, behaviour, interest and habits to make predictions or decisions about them. There are such solely automated decisions, that could have a legal or similarly significant effect on you as an individual. We may in some cases use automated decision-making for decisions, if authorised under union or member state law or where necessary for the entry into or performance of a contract.

You can always ask for a manual decision-making process instead, express your opinion or contest decision making based solely on automated processing, including profiling, if such a decision would produce legal effects or otherwise similarly significantly affect you.

Please contact us if you require more information on automated-decision making.

Want to know more about our policy of sharing data with third parties?

Surfboard Payments Group. We may share personal information with members of the Surfboard Payments Group for the purposes set out in this Privacy Policy.

Third party service providers. To provide our services we disclose personal data about you which is necessary to identify you and perform an assignment or agreement with companies that we cooperate with in order to perform our Services. These services include, but are not limited to, secure identification solutions and credit bureaus in the relevant country and between parties in the financial system such as banks.

Our designated banks and relevant card networks may also come to process your personal data for their own fraud prevention and risk management. Selected service providers, such as certain credit bureaus, may also come to process your personal data to enhance and develop their own services.

Credit Reference Agencies. We will supply your personal information to credit reference agencies (CRAs) and they will give us information about you, such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account and prevent criminal activity.

Third parties that are data processors. Some of the third parties that we share personal data with are data processors. A data processor is such a party that processes personal data on our instructions and on our behalf.

We collaborate with selected suppliers, which include processing of personal data on behalf of us. Examples include suppliers of IT development, maintenance, hosting and support but also suppliers supporting us with marketing.

When we share your personal data with data processors we only share them for purposes compatible with the purposes for which we have collected the data (such as performance of a contract). We always control all data processors and ensure that they can provide adequate guarantees as regards security and confidentiality of personal data. We have written agreements in place with all data processors through which they guarantee the security and confidentiality of personal data that they process on our behalf and limitations as regards third country transfers.

Third parties that are data controllers. Some of the third parties that we share personal data with are independent data controllers. This means that we are not the ones that dictate how the data that we provide shall be processed. Examples are authorities, credit bureaus, acquirers and other financial institutions. When your data is shared with independent data controllers their data policies and personal data processing principles apply.

Authorities. We also disclose personal data to authorities to the extent we are under a statutory obligation to do so. Such authorities include tax authorities, police authorities, enforcement authorities and supervisory authorities in relevant countries. We may also be required to provide competent authorities information about your use of our services, e.g. revenue or tax authorities, as required by law, which may include personal data such as your name, address and information regarding card transactions processed by us on your behalf through your use of our services.

What about transfers to a third country?

If we transfer your personal data to a third country, i.e. a country outside of the European Economic Area (“EEA”), we will comply with all applicable laws in respect of such transfer, including making sure that your personal data is kept secure, and ensure that appropriate safeguards are in place to ensure there is adequate protection, such as entering into contracts in the form approved by the European Commission.

We transfer your data to service providers in the US and we base such transfer on Standard Contractual Clauses.

For transfers of your personal data within Surfboard Payments Group, we rely on Binding Corporate Rules approved by competent supervisory authorities.

Security and Integrity - how do we protect your personal data?

We take security seriously.

We always process personal data in accordance with applicable laws and regulations, and we have implemented appropriate technical and organizational security measures to prevent that your personal data is used for non-legitimate purposes or disclosed to unauthorized third parties and otherwise protected from misuse, loss, alteration or destruction.

The technical and organizational measures that we have implemented are designed to ensure a level of security appropriate to the risks that are associated with our data processing activities, in particular accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal data including access control to premises, facilities, systems and data, disclosure control, input control, job control, availability control and segregation control.

How long do we store your personal data?

We will not process personal data for a longer period than is necessary for fulfilling the purpose of such processing, as set out in this Privacy Policy. We only retain your personal data to ensure compliance with our legal and regulatory requirements. Your personal data will be anonymized or deleted once it is no longer relevant for the purposes for which it was collected.

This means that we as an example will only keep your data for as long as necessary for the performance of a contract and as required by applicable laws. If we keep your data for other purposes than those of the performance of a contract, such as anti-money laundering purposes, bookkeeping and regulatory capital adequacy requirements, we keep the data only if necessary and/or mandated by laws and regulations for the respective purpose.

The data retention obligations will differ within the Surfboard Payments Group subject to applicable local laws.

See below for examples of the retention periods that we apply:

• Preventing, detecting and investigating money laundering, terrorist financing and fraud: minimum five (5) years after termination of the business connection
• Bookkeeping regulations: seven (7) years
• Details on performance of an agreement: up to ten (10) years after end of customer relationship to defend against possible claims
• Recorded telephone calls to our support: up to ninety (90) days from telephone call to support, but may keep the recordings for up to two (2) years fraud investigation purposes.

The above is only for explanatory purposes and the retention times may differ from country to country.

What say do you have in how we process your data? (Your rights)

Below you can read more about your rights, in the order we believe might be most relevant for you. The rights we believe are most relevant for you

• You have the right to be informed about certain details on the processing of your personal data. We provide this information through this Privacy Policy.
• You have the right to receive a copy of the personal data we process about you. You can receive this data by reaching out to us.
• You have the right to correct the personal data we process about you if you see that it is inaccurate.
• You have the right to object to our processing of your personal data.

Please note that there are exceptions to the rights below, so access may be denied, for example where we are legally prevented from making a disclosure.

Your rights in connection to your personal data

Right to be informed

You have the right to be informed about how we process personal data about you. We do this in this Privacy Policy. You may however always contact us if you have any further questions.

Right of access

You have the right to access the personal data that we hold about you. In this respect, you may receive a copy of the personal data that we hold about you. For any further copies, we reserve the right to charge a reasonable fee based on our administrative costs. To exercise this right, please contact us as set out below. Please note that much of the personal data that we process about you is available and visible for you in your Surfpay Account.

This right means that you have a right to:

• receive a confirmation about what personal data that we process about you
• get access to your personal data, and
• receive such supplementary information (which corresponds to the information that is provided in this Privacy Policy).

Please note that we might have to ask you to provide further information about yourself in order for us to be able to identify you and handle the request in an efficient and secure way. This may mean that we may require you to send in a copy of a valid ID, which we will also require you to sign.

Right to rectification

We ensure that inaccurate or incomplete personal data is erased or rectified. You have the right to rectification of inaccurate or incomplete personal data that we hold about you.

Right to erasure of your personal data (”Right to be forgotten”)

You have the right to erasure if:

• the personal data is no longer necessary for the purposes it was collected or processed for (and no new lawful purpose exists)
• your particular situation gives you the right to object to processing on grounds of legitimate interest (see more below) and there is no justified reason for continuing the processing;
• the lawful basis for the processing is your consent, and you withdraw your consent, and no other lawful grounds exist,
• processing the personal data has been unlawful, or
• there is a legal obligation for us to erase the data.

Please note that due to the fact that we provide such financial services which are subject to a license, we are in many cases obliged to retain personal data on you during your customer relationship, and even after that, e.g. to comply with a statutory obligation or where processing is carried out to manage legal claims. This means that we will keep any KYC data that we have about you during such time period as we are required according applicable anti-money laundering regulations.

Right to restrict the processing of your personal data

You have the right to request us to restrict the processing of your data (meaning that the personal data may only be held by us and may only be used for limited purposes) if:

• the personal data we have about you is inaccurate,
• the processing is unlawful and you ask us to restrict the use of the personal data instead of erasing it,
• we no longer need the personal data for the purposes of the processing, but if we still need it for the establishment, exercise or defence of legal claims, or
• you have objected to the processing claiming that the legal basis of legitimate interest is invalid and are waiting for the verification of this claim.

Right to object to the processing of your personal data

Where our lawful basis for processing your data is our legitimate interests, you have the right to object to the processing of your data if:

• you can show that your interests, rights and freedoms regarding the personal data outweigh our interest to process your personal data, or

• we process your personal data for direct marketing purposes, including but not limited to profiling.

This means that we will cease such processing unless we

• demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or

• require the personal data in order to establish, exercise or defend legal rights.

If you choose to object to our further processing of your personal data as described in this Privacy Policy, please note that we may no longer be able to provide you with the Services you have requested and may therefore terminate relevant agreements with you, see relevant terms and conditions for more information. In addition, we may continue to process your personal data for other legitimate purposes, such as to fulfil an agreement with you, to protect our interests in connection with legal proceedings and to fulfil our legal obligations.

Choices related to communication and marketing

If you have received marketing from us, you may at any time object to the marketing. The easiest way to do so is to opt out by following the instructions in the marketing material that you have received. You will be able to adjust your preferences for such material and push notifications, as well as opt out, in your Surfpay Account.

Please note that we may continue sending you communication that is required or necessary to users of our services, including provide such notifications that include important information and other communication that you request from us. You may not opt out of receiving these communications.

Right to data portability

You have the right to data portability:

• for personal data that you provided to us, and
• if the legal basis for the processing of the personal data is the fulfilment of contract or consent.

We will send a copy of your data in a commonly used and machine-readable format to you or a person/organization appointed by you, where technically feasible and where the exercise by you of this right does not adversely affect the rights and freedoms of others.

How do you exercise your rights and how can you contact us or the data protection authority?

Submit a request through our webform found here and we’ll do our best to figure it out together.

You can also always contact us by sending an email to privacy@surfboardpayments.com.

If you are unhappy with our processing of your personal data you may lodge a complaint with the supervisory authority for data protection in your country.

You may also seek a remedy through local courts if you believe your rights have been breached.

What about cookies?

Cookies are text files placed on your computer to collect standard internet log information and visitor use of the website and to compile statistical reports on website activities. You may set your browser not to accept cookies. However, in a few cases some of our website features may not function as a result.

Our website thus uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

What about other third-party websites and services?

Our websites and services may from time to time contain links to third party websites that are not controlled by us. If you visit such websites or use such services, please be aware that this Privacy Policy does not apply for such third parties’ processing, and we encourage you to carefully review how such third parties process personal data before using their websites or services.

How may we change this Privacy Policy?

We are constantly working on improving and developing our services, products and websites, so we may change this Privacy Policy from time to time. We will not diminish your rights under this Privacy Policy or under applicable data protection laws in the jurisdictions in which we operate. If the changes are significant, we will provide a more prominent notice, when we are required to do so by applicable law. Please review this Privacy Policy from time to time to stay updated on any changes.

Additional information

In order to provide the services, certain information we collect (as set out in this Privacy Policy) may be required to be transferred to other Surfboard Payments related companies or other entities, including those referred to in this section in their capacity of payment providers, payments processors or account holders (or similar capacities). You acknowledge that according to their local legislation, such entities may be subject to laws, regulations, inquiries, investigations, or orders which may require the disclosure of information to the relevant authorities of the relevant country. Your use of the services constitutes your consent to our transfer of such information to provide you with the services.

Specifically, you consent to and direct us to do any and all of the following with your information:

1. a) Disclose necessary information to: the police and other law enforcement agencies; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies, departments, regulatory authorities; self-regulatory authorities or organisations and other third parties, including Surfboard Payments Group companies, that (i) we are legally compelled and permitted to comply with, including without limitation the Luxembourg laws of 24 July 2015 on the US Foreign Account Tax Compliance Act (“FACTA Law”) and 18 December 2015 on the OECD common reporting standard (“CRS Law”); (ii) we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity, or (iii) to conduct investigations of violations of our agreement with you (including without limitation, your funding source or credit or debit card provider).

If you are covered by the FATCA or CRS Law, we are required to give you notice of the information about you that we may transfer to various authorities. Please read more about Surfboard Payments’ obligations under the FATCA and CRS Law and how they could affect you as well as take note of the information we may disclose as result.

We and other organisations, including parties that accept payments through the Services, may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing). Please contact us if you want to receive further details of the relevant fraud prevention agencies. For more information on these Agencies, fraud prevention agencies and other third parties, click here.

1. b) Disclose Account Information to intellectual property right owners if under the applicable national law of an EU member state they have a claim against us for an out-of-court information disclosure due to an infringement of their intellectual property rights for which our services have been used (for example, but without limitation, Sec. 19, para 2, sub-section 3 of the German Trademark Act or Sec. 101, para 2, sub-section 3 of the German Copyright Act).
2. c) Disclose information in response to the requirements of the credit card associations or a civil or criminal legal process.
3. d) If you as a merchant use a third party to access or integrate to us, we may disclose to any such partner necessary information for the purpose of facilitating and maintaining such an arrangement (including without limitation, the status of your Surfboard Payments’ integration, whether you have an active PayPal account and whether you may already be working with a different Surfboard Payments integration partner).
4. e) Disclose necessary information to the payment processors, auditors, customers services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties listed here. The purpose of this disclose is to allow us to provide our services to you. 
5. g) Disclose necessary information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
6. h) Disclose aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in Manchester. However, this aggregated information is not tied to personal information.
7. i) Share necessary Account Information with unaffiliated third parties (listed here) for their use for the following purposes:

1. 1. Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. 
   2. Customer Service: for customer service purposes, including to help service your accounts or resolve disputes (e.g. billing or transactional).
   3. Shipping: in connection with shipping and related services for purchases made using the Services.
   4. Legal compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
   5. Service Providers: to enable services providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.