GoNpay Consumer Agreement

1. Introduction

1.1. “Mobili zona” UAB, company code 304255777, registered in the Republic of Lithuania (hereinafter referred to as GoNpay) is supplier and executor of this this agreement (hereinafter referred to as the Agreement).

1.2. This Agreement applies to Consumers of GoNpay provided services.

2. Definitions

2.1. GoNpay – the brand of “Mobili zona” UAB with internet address www.gonpay.eu. GoNpay also means the Provider of services in this Agreement.

2.2. Merchant – a customer of services provided by GoNpay, which uses GoNpay services to advertise and sell its own good and services.

2.3. Consumer – a private individual, which is end user, payer and receiver of goods and services of the Merchant using GoNpay services.

2.4. Mobile wallet - a mobile application, installed into the Consumer’s mobile device. It allows the Consumer to make payments to the Merchant, receive an offers of the Merchant, communicate with the Merchant and use any other services, which GoNpay provides to the Consumer.

2.5. Sales point - a physical place where Merchant sells its goods or provides services.

2.6. Provided services – services provided by GoNpay as mentioned in this Agreement.

2.7. GoNpay Payment account – a bank account opened at financial institution under the name of “Mobili zona” UAB and is used to book money transfers when the Consumer pays for the Merchant’s goods and/or services.

2.8. Loyalty program – the Merchant’s written terms and conditions or other document, which describes all relevant information about participation in the Merchant’s loyalty program. It should include also rights and obligations of the parties related to this loyalty program.

2.10. Loyalty card – a plastic or a virtual card possessing its unique identification number issued by the Merchant. By using this card the Consumer participates in the Merchant’s Loyalty program according to the Merchant’s Loyalty program’s terms and conditions.

2.11. Payment card – a plastic or a virtual card issued by a bank or a payment institution and is used to make payments for goods and services.

2.12. User account – the Consumer’s dedicated personal place in GoNpay systems. This account is used to store and maintain data about the Consumer and history of the Consumer’s actions.

2.13. Identification code – a QR code, a barcode or any other code used to identify the Consumer of the Merchant, which is stored at the Sales point and/or in the Consumer’s Mobile wallet. This code is issued to the Consumer and/or to the Merchant by GoNpay or by the GoNpay’s partners.

3. Opening and maintaining User account

3.1. The Consumer has to open the personal account in GoNpay system before starting to use the Mobile wallet. A personal User account is opened in the Mobile wallet.

3.2. It is considered that by activating the personal User account the Consumer agrees with all terms and conditions of this Agreement and signs this Agreement.

3.3. The Consumer must be not younger than 18 years old in order to use GoNpay services with exception by cases approved by his/her representatives according to the legislation (parents, tutors, etc.). GoNpay has right to ask for a written approval of respective representative and the Consumer must provide it, otherwise GoNpay has right to terminate/not open the User account.

3.4. The Consumer confirms that all data provided by him/her by opening User account is correct and he/she is responsible for updating it timely. GoNpay has right to terminate the User account if GoNpay has grounded suspicion that provided the Consumer data is not correct.

3.5. The User who has given his/her consent for direct marketing can terminate his/her consent at any time in the Consumer self-service portal, in the Mobile wallet or by other provided methods.

4. Operation of Mobile wallet

4.1. The Consumer could use the Mobile wallet in a mobile device, which meets minimum technical requirements, set by GoNpay.

4.2. An internet connection (provided by a mobile operator or via a wireless “wi-fi” network) is mandatory for the Mobile wallet to be fully operational therefore before using the Mobile wallet the Consumer must make sure that internet connection is turned on and works in his/her mobile device each time. The Consumer understands and agrees with the fact that data is transmitted via internet while using the Mobile wallet.

4.3. The Consumer must identify himself/herself in order to use the Mobile wallet for Loyalty services and/or Payment services at a Sales point. Identification can be done by one of the following methods:

4.3.1. Using functionality in the Mobile wallet to scan Identification code located at a Sales point;

4.3.2. Showing to a Merchant Identification code stored in the Mobile wallet. A Merchant scans this code using a special code scanner;

4.3.3. Using other functionality available in the Mobile wallet that is accepted by a Merchant.

5. Loyalty services

5.1. The Consumer can use Loyalty programs and their offered benefits of those Merchants which have agreement with GoNpay.

5.2. The Merchant is entirely responsible for appropriate functioning of Loyalty program and for offering respective benefits to the Consumer. GoNpay is responsible for timely and precise transmission of the Consumer information to the Merchant.

5.3. Methods to use the Loyalty programs:

5.3.1. The Mobile wallet developed and maintained by GoNpay;

5.3.2. The Merchant’s mobile application developed and maintained by the respective Merchant or its contractor;

5.3.3. The Loyalty card issued by the Merchant.

Usage of each method is described and provided in the Merchant’s Loyalty program’s terms and conditions.

5.4. Adding the existing Loyalty card. The Consumer can add data of his/her used Loyalty card into the Mobile wallet. In such case the Consumer does not lose his/her benefits accumulated according to terms and conditions of the respective Merchant’s Loyalty program. The Merchant will continue to provide possibility to participate in its Loyalty program to the Consumer. Mandatory condition to add the Consumer’s used Loyalty card – the Merchant must have a respective agreement with GoNpay. Up to date list of such Merchants is published in GoNpay Mobile wallet.

5.5. Ordering a new Loyalty card. The Consumer can order/ create a new virtual Merchant Loyalty card at any moment in the Mobile wallet. Up to date list of the Merchants, which allows to order virtual the Loyalty cards, is published in the Mobile wallet. While ordering a new virtual Loyalty card the Consumer must accept respective Merchant’s Loyalty program’s terms and conditions. Additionally, the Consumer can give his/her consent for direct marketing.

5.6. Possibility to use the Loyalty and/or the virtual Loyalty card in the Mobile wallet at the same time is determined by respective Merchant’s Loyalty program’s terms and conditions.

5.7. The Consumer who is willing to use Merchant’s Loyalty program must identify himself/herself at the Sales point using one of the provided method.

6. Payment services

6.1. The Consumer must register the Payment card(s) in his/her User account before making a payment for the Merchant’s goods and/or services using GoNpay system.

6.2. GoNpay checks if the Consumer has right to use respective Payment card when he/she registers a new Payment card for the first time. Furthermore, as a mandatory part for this action GoNpay directs the Consumer to payment system provider where the Consumer inputs required card identification details. Additionally the Consumer could be required confirm the card details through card issuing bank authorization system. The Payment card in Mobile wallet can be used for payments only after GoNpay receives confirmation from the bank about the Consumer’s right to use the Payment card which is being registered. GoNpay has right to ask the Consumer to provide additional information related to the respective Payment card for identification and security purpose.

6.3. The Consumer who is willing to use the Mobile wallet for payment must identify himself/herself at the Sales point using one of the provided methods.

6.4. The Merchant is ultimately responsible for inputting correct payment information (payment amount, name of purchased item, etc.) into GoNpay system.

6.5. GoNpay reflects the following payment information in the Consumer’s Mobile wallet:

- name of the Sales point;

- payment amount;

- other additional information.

6.6. For a payment confirmation the Consumer must input his/her personal PIN code which is registered in the User account. Such confirmation is considered as appropriate for a payment authorization and entitles GoNpay to process this payment. GoNpay may not ask to input the personal PIN code for small payment amounts up to 30 EUR.

6.7. A Payment amount for purchases at the Sales point is debited using the Payment card registered in the Consumer’s account and transferred to GoNpay Payment account. The respective funds are transferred to the Merchant from this account afterwards. GoNpay immediately informs the Merchant about successful or unsuccessful payment using the Consumer’s Mobile wallet. The Consumer can choose which Payment card to use for a payment with the Mobile wallet if there are several Payment cards registered in his/her account.

6.8. GoNpay collects payment history and reflects it in the User account. Details of a payment depend on the Merchant’s technical capabilities. Due to this reason GoNpay may show different amount of information for each payment in the User account.

6.9. Payments using the Payment cards are being processed according to regulations and terms of conditions defined by VISA and/or MasterCard, the bank’s (payment institution’s), which issued Payment card and other, related organizations.

6.10. GoNpay has right to reject or stop processing of a payment order if it looks suspicious, unusual and has right to inform respective authorities, as it is required by respective legislation.

7. Communication and consultations

7.1. The Consumer has to approach the Merchant for any information about the Merchant’s Loyalty program.

7.2. The Consumer has to approach GoNpay for any information about the Mobile wallet and other GoNpay services. This can be done via channels described in GoNpay website.

7.3. GoNpay has right to communicate with the Consumer via all GoNpay channels and products, which have respective technical capabilities, also via the email and the phone number as provided in the User account.

7.4. GoNpay provides technical possibility in the Mobile wallet for the Consumer to evaluate his/her buying experience at the Sales point. This Consumer’s feedback is provided to the Merchant anonymously without disclosure of the Consumer’s identity. Evaluation can be provided as a simplified or as advanced option. In case of advanced evaluation the Consumer has possibility to write a free text to the Merchant. The Consumer who provides advanced evaluation to the Merchant agrees to receive respective Merchant’s response to the Consumer’s User account. The Consumer’s identity is not disclosed to the Merchant unless the Consumer discloses it to the Merchant himself/herself.

8. Information for the Consumer

8.1. The Consumer can see history of his/her purchases in the Mobile wallet when using GoNpay services.

8.2. GoNpay shows history of payments as detailed as it is possible technically and taking into account what information is provided by the respective Merchant. Due to this reason amount of information might differ when making purchases from different Merchants.

9. Protection of personal data

9.1. The Consumer agrees that GoNpay maintains and administers his/her personal data for the purpose to offer selected services and execute related obligations. Personal Data is an information collected by GoNpay regarding its Clients, which can be used to determine the Client’s identity and is stored electronically or in any other way.

9.2. GoNpay commits to maintain and administer only as much personal data as it is necessary to fulfill its all obligations. The Customer registering in GoNpay platform and agreeing to the Terms and Conditions , providing the following personal data:

9.2.1. Registration using Facebook, Google or Apple ID:

- name;

- surname;

- email address.

The received data from Facebook, Google or Apple ID is used to create Users account.

9.2.2. Registration not using Facebook, Google or Apple ID:

- name;

- surname;

- email address;

- password.

9.2.3. The Consumer could additionally add the following information:

- phone number (if Consumer inputted himself/herself);

- date of birth (if Consumer inputted himself/herself);

- sex (if Consumer inputted himself/herself);

- address (if Consumer inputted himself/herself).

9.2.4. If the User wishes to make payments using the GoNpay mobile app, he must enter the payment card data (cardholder's name, card number, card expiry date, CVV code) in the "Payment cards" section. The card data is entered into and transferred to the payment service provider's environment. Card information is not stored in Users account.

9.2.5. GoNpay constantly makes every effort to make the app, loyalty cards and merchant promotions as user-friendly as possible. GoNpay uses automated data analysis to conduct statistics, research consumer behavior, and generate business reports. Non-personalized data is used during the analysis and we do not process the User's name, contact information and other personal information. GoNpay may collect statistics about User Actions:

- Statistics of reviews of trader's offers and information notices;

- Evaluation of point-of-sale shopping;

- Other relevant data.

9.3 GoNpay receives almost all personal data directly from the Consumer. Consumer submits the questionnaire data directly to the User account, for example, when filling in the registration, the data of the loyalty cards - by entering them in the mobile application, the purchase data - using the Services.

We also receive Consumers data directly when a Consumer makes a request in any of the chosen ways: by writing an email, making a call, or using the GoNpay mobile application features.

If, in order to qualitatively and objectively examine the Consumer's request, GoNpay may need to gather additional information or conduct a study of significant circumstances, we may link the Consumer's request data to the data we have and / or collected during the Consumer's request, e.g. GoNpay may use purchase transaction data, Consumer account usage history and etc.

9.4. Disclosure of user data to third parties.

9.4.1. By using the GoNpay app, the user can become a participant in an individual merchant loyalty program and / or order a merchant loyalty card. The Consumer must agree to the rules of the Merchant Loyalty Program, provide consent / disagreement with direct marketing (if provided for in the Merchant Program) and provide the Merchant with the necessary personal data. In this case, the User data entered during registration in the loyalty program of a particular Merchant will be transferred to the Merchant in the intended manner. Subsequently, the User's personal data is processed in accordance with the rules of a particular Merchant and GoNpay is not responsible for the privacy policy, actions or practices of a particular Merchant.

9.4.2. Your data may be disclosed to third parties who provide GoNpay services. GoNpay may use other service providers to provide specific services. These service providers undertake data processing procedures on behalf of GoNpay and in accordance with our instructions. GoNpay selects third parties who process personal data carefully and in accordance with applicable data protection legislation. Procedures on behalf of GoNpay include:

- provision of technical infrastructure to the Platform and provision of space on servers;

- usage analysis;

- account and phone verification;

- payment processing and secure settlement.

In certain circumstances, our external service providers may be granted access to your personal Data, but only for the specified purposes of data processing. Under the agreement, such third parties are obliged to ensure that their level of data protection is at least equivalent to that provided by GoNpay and applicable law. All Data processed on behalf of GoNpay remains under our control. We constantly monitor compliance with our instructions, data protection levels and contractual obligations with the data controller.

9.4.3. Data may also be provided to competent authorities or law enforcement agencies, such as the police or supervisory authorities, but only upon their request and only when required by applicable law or in the cases and procedures provided for by law to ensure our rights, consumers, employees and resource security, to make, file and defend legal claims.

The User confirms that he is aware of and agrees that GoNpay will transfer his personal data to third parties, if such transfer is required by the legislation of the respective country or necessary to ensure the interests of the User, including the provision of GoNpay services.

9.5. GoNpay stores the User's data in accordance with the terms provided by the relevant laws of the Republic of Lithuania and the legal acts of the European Union.

We process and store the User's request and related data until we review the Request, provide the User with a response and implement the decisions made, as well as for a further 12 months after the request is resolved.

If a legal dispute is initiated or there is a possibility of such a dispute due to the Request, the User's data may be stored for a longer period until the statute of limitations for filing a complaint or claim expires and / or the final decision enters into force.

Upon expiration of the term of processing and storage of the User's data set forth in this Policy, GoNpay shall destroy or reliably and irrevocably depersonalize the User's data as soon as possible, within a reasonable and reasonable time required for such action.

9.6. Data protection legislation gives the User many rights that he is free to exercise, and GoNpay provides such an opportunity. Information on specific Consumer Rights and how to exercise them is provided below, please read it carefully.

9.6.1 The right to access the User's personal data processed by us. The User has the right to access his/her personal data processed by GoNpay, in writing or in any other manner agreed between GoNpay and the User.

9.6.2 Right to rectify personal data. If the data provided to us in the User's registration form has changed or the User considers that the information processed by us about it is inaccurate or incorrect, the User has the right to change, correct or correct this information. The User can make adjustments to his data in the mobile app. The user can also contact us in the ways indicated here and ask us to correct or clarify his data.

9.6.3. Right to withdraw consent. In cases where we process the User's data on the basis of his consent, the User has the right to revoke his consent at any time and the processing of data based on his consent will be terminated. In some cases, this may mean that we will no longer be able to allow the User to continue to use our Services.

Upon expiration, revocation or cancellation of the User's consent, we destroy the data processed with the consent, and in the cases specified in the Agreement - reliably and irreparably depersonalize. In any case, we may keep the User's consent and proof of it for a longer period of time, if necessary, in order to defend ourselves against claims, claims or claims brought against us.

9.6.4. Right to delete data (right to be forgotten). The user has the right to request that GoNpay delete personal data. A user who wants to stop using GoNpay services and delete personal data about himself can apply by e-mail. email info@gonpay.com. Contact must be from the same email. the email address that is used in the User’s personal GoNpay account. In this case, GoNpay undertakes to delete the personal data within 30 calendar days of the request, unless the legislation requires the personal data to be stored for a specific specified period. It is important to note that the User's profile data will be deleted, and other data will be deleted or reliably depersonalized if the User terminates the use of the Services.

9.6.5. The consumer has the right at any time, without stating the reasons for his or her disagreement, to object or refuse to have his or her personal data processed by GoNpay for the purpose of direct marketing. The user may express his consent or disagreement with the processing of his personal data for the purpose of direct marketing at any time by e-mail info@gonpay.com or in the Mobile Wallet by changing the settings for direct marketing accordingly.

9.6.6. Right of appeal. If the User believes that we process his data in violation of data protection legislation, we always first ask you to contact us directly. We believe that with good faith efforts we will be able to dispel any doubts of the User, satisfy the requests and correct any mistakes we have made. If the User is not satisfied with our proposed solution to the problem or, in his opinion, we will not take the necessary actions at his request, the User has the right to submit a complaint to the supervisory authority of the State Data Protection Inspectorate in the Republic of Lithuania.

9.6.7. Our contact information. If you have any questions about your data management using the GoNpay platform or questions about your rights, please contact us: email info@gonpay.com by calling us at +370 648 29788.

9.7. GoNpay takes all necessary, reasonable and reasonable measures to ensure the protection of the User's personal data and the lawfulness of the processing.

9.8. GoNpay undertakes to process personal data strictly and without any reservations in accordance with the provisions of the Law of the Republic of Lithuania on the Legal Protection of Personal Data and legal acts of the European Union.

10. Security provisions

10.1. The Consumer is ultimately responsible for his/her login information security while storing login data and making sure that the screen (usage) of a mobile device is protected with password.

10.2. The Consumer additionally creates numeric PIN code (the personal secret identification number).

10.3. GoNpay never asks the Consumer to disclose his/her login password or PIN code (the personal secret identification number) therefore GoNpay is not responsible for any usage of the Mobile wallet without the Consumer’s knowledge.

10.4. GoNpay does not store any Payment card data in a mobile device.

11. Availability of services

11.1. The Consumer understands and agrees that some technical interference may occur in certain circumstances, which may have impact to provide GoNpay services.

11.2. The Consumer must inform the Merchant in case of unsuccessful usage of the Mobile wallet for making a purchase at its Sales point. In this case the Merchant will identify the problem and either will solve it by himself or will inform GoNpay. Furthermore, in order to successfully use the Mobile wallet for benefits of the Loyalty program again the Consumer must wait until the technical interference is solved. GoNpay is not responsible for any losses, which the Consumer may experience while being not able to use benefits of the Loyalty programs.

11.3. The Consumer must approach GoNpay via the Mobile wallet, or via the contacts stated in GoNpay internet page in cases when he/she has questions related to usage of GoNpay services.

12. Rights and obligations

12.1. The Consumer commits to act fairly and according to terms and conditions of this Agreement, not to create more than one User account except the case when his/her login information to the User account became available to third parties. In any case the Consumer must block (delete) current the User account before creating a new one.

12.2. The Consumer is responsible for losses occurred due to:

12.2.1. Unauthorized use of the Mobile wallet when the Consumer did not protect his/her User account’s password and/or PIN code and they became known and/or accessible to third parties;

12.2.2. Usage of his/her lost or stolen mobile device when there was possibility to access the Mobile wallet due to the unsecured User account password and/or PIN code.

12.3. The Consumer is solely responsible for all losses which occurred due to the Consumer’s negligence, dishonest or deliberate actions.

12.4. The Consumer must immediately inform GoNpay and/or block the User account if his/her mobile device is stolen or lost and/or there is ground suspicion that third parties knows login information to the User account or any other Consumer’s information which may be used unauthorized.

12.5. GoNpay has right to terminate usage of the User account and / or the Loyalty card and / or the Payment card in the Mobile wallet if:

12.5.1. The Consumer violates terms and conditions of this Agreement and / or the Loyalty program provided by GoNpay or by the Merchant;

12.5.2. There is ground to think that the Consumer and/or third parties are using the Loyalty cards and / or the Payment cards unauthorized;

12.5.3. The Consumer use GoNpay services for malpractice, deals or fraud actions;

12.5.4. Laws of Republic of Lithuania are being violated.

12.6. GoNpay has right to use contractors (third parties) for providing services to Consumer.

13. Disputes and requests

13.1. The Consumer has to address his/her requests, proposals or complaints respectively to GoNpay or to the Merchant depending on their nature and scope of responsibilities.

13.2. The Consumer can approach GoNpay and the Merchant via defined channels and methods.

13.3. GoNpay investigates the Consumer’s request and provides answer within reasonable term as soon as possible.

13.4. The Consumer must repeatedly approach GoNpay in case he/she disagrees with results of GoNpay’s reply to the Consumer’s issue. In such case the Consumer must provide argumentation for his/her disagreement.

14. Agreement validity and amendments

14.1. The Consumer Agreement enters into effect from the moment when the Consumer creates and activates the personal User account and is valid until this the User account is deleted.

14.2. The Consent for direct marketing is valid for two years from the Consumer concern date.

14.3. Appendixes of the Agreement are an integral part of this Agreement.

14.4. The Consumer must inform GoNpay via channels and methods described in this Agreement in case he/she would like to stop using GoNpay services and to terminate the Consumer Agreement.

14.5. GoNpay has right to unilaterally amend/change this Consumer Agreement while publicly announcing a new version in GoNpay Internet page or in the Mobile wallet. The Consumer can download or print the current version of the Consumer Agreement from Internet page.

14.6. This Agreement is made, interpreted and its terms and conditions are executed according to legislation of Republic of Lithuania. Any disputes between parties of this Agreement are being solved by negotiations or according to legislation of Republic of Lithuania if negotiations fail.

14.7. Any unsolved disputes arising or related from/to this Agreement are being solved at a competent court in Vilnius.

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