CONSENT TO THE PROCESSING OF PERSONAL DATA of the “Risk-Free Translation” service
1. Terms and definitions.
1.1. Authorization - permission granted by the Issuer or the Acquirer for the implementation of the Transfer.
1.2. Transfer identifier - the number of the Means of payment (payment card number, bank account, electronic means of payment, etc. identifier) provided by the Issuer in accordance with the agreement concluded with the Recipient, used by the Recipient to receive the Transfer.
1.3. Company - YOUR NETWORK Limited Liability Company (YOUR NETWORK LLC), (OGRN 1157746455008, Moscow, Russia, 129090, Botanical Lane, 5, floor. 11, of. 2zh), providing Users with information services on on the basis of a license or any other type of agreement concluded with Users through the Internet telecommunication network at: https://zam.me/, hereinafter referred to as “Zamzam Service”.
1.4. Operator (money transfer operator, electronic money transfer operator) - United Cashier Settlement Non-Bank Credit Organization, limited liability company (banking operations license No. 3512-K dated November 7, 2016), engaged by the Issuer or Acquirer as an intermediary bank in order to make settlements on the Transfer.
1.5. Transfer - actions of the Participants of settlements aimed at organizing non-cash payments in the form of a transfer of money (electronic money) of the Payer in favor of the Recipient according to the details of the Transfer Identifier, carried out on the basis of Electronic requests. The transfer is carried out in the form of “transfer of funds at the request of the Recipient of funds” (direct debiting) by means of the Operator fulfilling the payment request of the Recipient in the amount of the Transfer with subsequent reimbursement of the amount of the Transfer to him in accordance with the agreement with the Payer's bank (contractual relations between the Settlement Parties).
1.6. Payment service - a software package under the code name “risk-free transfer service”, aimed at ensuring information and technological interaction between Users and Settlement Participants in order to make a Transfer.
1.7. User - any individual over 18 years of age using the Internet information resource of the company specified in clause 1.3 of this offer, having passed the registration procedure and entered into an agreement with the Company to provide Zamzam Service. At the same time, Users for the purposes of this agreement as a result of using the specified resource can be divided into:
1.7.1. Payer - a User who intends to make a Transfer in favor of the Recipient by sending an Electronic Request.
1.7.2. Recipient - A user who intends to accept the Transfer in his favor by sending an Electronic Request.
1.8. Means of payment - means and (or) a method that allows users to draw up, certify and transmit instructions to the Issuers in order to transfer money, electronic money (including for the purpose of making transfers) within the framework of applicable forms of cashless payments using information and communication technologies , electronic storage media, including payment cards, as well as other technical devices. For the purposes of the Transfer, the User uses the Means of Payment, the information and technological services of which are provided by the Company in accordance with the agreement concluded with the Operator.
1.9. Service - a service for the Company to carry out information and technological interaction in accordance with the procedure set forth in this offer, to receive and transmit to the Operator an Electronic request generated by the Zamzam Service by the Payer or the Recipient in order to arrange settlements for the Transfer.
1.10. Settlement Participants - a term used to jointly refer to persons who are either directly involved in non-cash payments for transfers made, or that carry out information and technological support for these settlements. Settlement participants are money transfer operators (electronic funds) serving the Payer, Recipient, or Operator and may be named including:
1.10.1. An Acquirer is an operator for the transfer of funds (electronic money) servicing the Operator in accordance with the concluded agreement on the implementation of transfers using the Means of Payment.
1.10.2. Issuer - a money transfer operator (electronic money) servicing either the Payer or the Recipient under an agreement on the use of the relevant Means of Payment.
1.11.Electronic request - an electronic document generated in the Zamzam Service on the basis of an order from the User (the Payer for the purpose of Transfer or the Recipient for the purpose of creating the Transfer Identifier), containing all the details required for the settlement of transfers provided by the laws of the Russian Federation and regulatory acts Bank of Russia, and transferred by means of the Zamzam Service to the Operator.
2. General provisions.
2.1. The Company offers Users who have the intention to make a Transfer to use the Payment Service in order to ensure information and technological interaction between the Settlement Participants during the Transfer, concluding an agreement on the provision of the Service (hereinafter the “Agreement”) on the conditions of the public offer below. The terms of the Agreement can be accepted by the User, only by accession to them as a whole in accordance with Article 428 of the Civil Code of the Russian Federation.
2.2. The Company in accordance with the terms of the Agreement provides the Services exclusively to Users while observing the following requirements:
1) The Payer and the Recipient have at their disposal a personalized Means of Payment, with the use of which they have the right to draw up, certify and transmit orders to the Issuer, with whom the Payer or the Recipient has an agreement on the provision of the relevant payment service;
2) The Recipient, using the Zamzam Service software and hardware tools, presented the Payer with a payment request aimed at making non-cash payments in the form of “transferring funds at the request of the Recipient of funds” to make a Transfer using the Transfer Identifier;
3) The Payer, using the software and hardware of the Payment Service, provided an acceptance to the Issuer for settlements on the performed Transfer;
4) The operator received the authorization codes:
• from the Issuer serving the Payer to transfer money (electronic money) in the amount of the Transfer in favor of the Operator as an intermediary credit institution that provides settlements for the Transfer;
• from the Issuer serving the Recipient for the transfer of funds (electronic money) in the amount of the Transfer using the details of the Transfer Identifier.
2.3. The Company engages the Operator in order to formulate and transfer payment orders of Payers and Recipients to the relevant Settlement Member based on Electronic Inquiries. The Operator, in accordance with the rules of non-cash payments and the rules of the International Payment Systems, is responsible for the security of information and technological interaction between the Participants of settlements in order to arrange settlements for the transfers made.
2.4. Under the Agreement, the User has the right to instruct the Company to make an Electronic Request, which is provided for by the functionality of the Zamzam Service and the Payment Service for the purpose of making a Transfer, for which the Operator has received relevant permissions under the relevant agreement with the Issuer or Acquirer.
3. Registration of Users in the Zamzam Service.
3.1. To obtain access rights to the Zamzam Service, the User undertakes to register in the Zamzam Service before using it, which can be done via the Internet on the website specified in clause 1.3 of this offer (hereinafter referred to as the Site) or in the Zamzam Service mobile application.
3.2. User registration in the Zamzam Service is carried out in the following order:
3.2.1. To register through the Site:
• enter the electronic address of the Site in the address bar of the Internet browser;
• enter in the registration form of a new user the number of his mobile phone, which is registered in the Zamzam Service as a user name (hereinafter - Login) when using the Zamzam Service;
• the software module of the Zamzam Service generates a personal one-time digital code (hereinafter referred to as the Password), which is transmitted as an SMS message to the registered telephone as a means of authenticating the User;
• after receiving an SMS message containing the Password, the user enters it into the registration form, after which the registration process is considered completed.
3.2.2. To register through the mobile application:
• Install the mobile application on a mobile phone. The corresponding application is available for download on the Site or on the service application of the corresponding operating system (AppStore, PlayMarket, etc.);
• launch the mobile application and enter the number of your mobile phone, which is registered in the Zamzam Service as a Login when using the Zamzam Service, into the registration form (it starts when the unauthorized user first starts);
• further registration is carried out in the same manner by registering through the Site.
3.2.3. Registration will be considered completed after the User has correctly entered the authentication data (Login and Password) - the User has been authorized in the Zamzam Service. According to the results of registration (at the first authorization), the User is assigned an account in the Zamzam Service.
3.3. The combination of User authentication data used within the Zamzam Service is determined by the parties as an analogue of the User’s handwritten signature (TSA) and is recognized by the parties as an unambiguous and indisputable confirmation of transactions, orders, requirements and notifications.
4.1. The Company provides the User, depending on his status (Payer, Recipient), the opportunity to use the Service using the software and hardware of the Zamzam Service. In the process of providing the Service, the Company carries out the following actions to form, process and transfer for execution the corresponding Electronic request:
4.1.1. When processing an Electronic request generated by the Payer, the Payer:
220.127.116.11. Authorizes in the Zamzam Service - enters the Login and Password in the Zamzam Service.
18.104.22.168. Guided by the instructions indicated on the screen forms of the Zamzam Service, it independently fills out the forms intended for the preparation of the Electronic Request, which will be the basis for making settlements on the Transfer, - selects from the list offered by the Zamzam Service:
• the Beneficiary, the transfer requirement in favor of which the Payer is ready to accept;
• type of Means of Payment belonging to the Payer, with the use of which the Transfer Participants will make the Transfer;
• indicates the amount of the Transfer;
• agrees the size of the commission in case of its collection;
• Fills in the electronic forms of the Payment service necessary for the formation of the Electronic request.
22.214.171.124. Confirms the selected Transfer parameters by sending the generated Electronic request to the Payment service server, - clicks the “send” button or the like.
126.96.36.199. Confirms the parameters of the Transfer on the Issuer's payment page in accordance with the terms of the payment services agreement concluded with the Issuer.
4.1.2. When processing an Electronic request generated by the Recipient, the Recipient:
188.8.131.52. Authorizes in the Zamzam Service - enters the Login and Password in the Service.
184.108.40.206. Guided by the instructions indicated on the screen forms of the Zamzam Service, it independently fills out the forms intended for the preparation of the Electronic Request, which will be the basis for making settlements on the Transfer, - enters the appropriate electronic fields of the Service__:
• Transfer identifier - type of Means of payment belonging to the Recipient, using the details of which the Transfer will be credited;
• indicates the amount of the payment request, the acceptance of which must be provided by the Payer (amount of the Transfer);
• defines the conditions for the transfer or non-transfer by the Operator of the amount of the Transfer (or the amount of the Transfers), including the period of time during which settlements on the completed Transfer (s) must be completed;
• agrees the size of the commission in case of its collection;
• Fills in the electronic forms of the Payment service necessary for the formation of the Electronic request.
220.127.116.11. Confirms the selected Transfer options including the size of the commission charged from the Recipient (clause 4.6 of the Agreement), by sending the generated Electronic request to the server of the Payment service, - presses the "send" button or the like.
4.1.3. At any time in the process of receiving from the User the parameters of the Electronic Request, the Company has the right to request, and the User, upon such a request, enters additional parameters (identifiers, information related to the Transfer) for the Operator to authorize.
4.1.4. Based on the results of the performed Authorization, the Company informs the User about the result of the Service by displaying an electronic notification of the successful / unsuccessful execution of the Electronic Request on the main screen form of the Payment Service, which, in addition to the above, contains the following information:
18.104.22.168. The Payer and the Recipient receive information about the successful settlement of the Transfer.
22.214.171.124. The Recipient receives information about the Payer's refusal to accept the payment request of the Recipient.
126.96.36.199. In case of refusal to authorize acceptance of the payment request of the Recipient or in the event of a withdrawal previously provided using the funds of the Acceptance Payment Service, the Payer receives information on the date the Operator performed the return transaction in the amount of the Transfer.
4.2. Settlements by the Transfer are carried out by the Settlement Participants with the involvement of the Operator by performing the relevant banking operations in the sequence determined by the Settlement Rules applicable by non-cash settlements, including agreements concluded between Settlement Participants, while:
4.2.1. The Operator transfers funds (electronic money) in favor of the Recipient in the amount of transactions (Transfers) performed over a certain period, minus the commission agreed by the Recipient (clause 188.8.131.52 of the Agreement) based on the order of the Company.
4.2.2. Refund of funds (electronic money) to the Payer in cases permitted in the Agreement is carried out using the details of the Payment medium specified by the Payer in the Electronic request for the purpose of making the Transfer.
4.3. The payer has the right at any time to revoke the acceptance accepted for making settlements on the Transfer until the moment of irrevocability of the Transfer (clause 4.4 of the Agreement).
4.4. It is hereby determined that:
• unconditionalness of the transfer of funds (electronic money) for transfers made in accordance with the Agreement occurs at the time of transfer of funds (electronic money) by the Issuer serving the Payer in favor of the Operator;
• the irrevocability of the transfer of funds (electronic money) for the Transfer carried out in accordance with the Agreement occurs at the time the Operator performs actions to transfer funds (electronic money) in favor of the Recipient;
• the finality of the Transfer occurs at the time the Company sends messages of completed settlements in accordance with clause 184.108.40.206 of the Agreement.
4.5. Using real-time Zamzam Service tools, the Company undertakes to record in the electronic accounting register the occurrence, change or termination of mutual rights and obligations of Settlement Members arising in connection with the execution of Electronic requests for settlements made by the Company in accordance with the terms of the Agreement .
4.6. For the provision of Services in accordance with the Agreement, a fee is charged to the Recipient (Payer) in the form of a commission of the amount of the Transfer made, in any case:
4.6.1. Information on the size of the commission for the provision of Services through the Zamzam Service is posted on the Site, as well as in the on-screen forms of the Zamzam Service when generating an Electronic Request.
4.6.2. The amount of the commission charged to the Recipient (Payer) is indicated by the Company in the screen form of the Zamzam Service after the Recipient (Payer) enters all the necessary parameters of the Transfer Identifier (Means of payment) - until the confirmation of the parameters of the Electronic Request by the Payer (Recipient). At the same time, the Recipient (Payer) has the right to refuse to fill out an Electronic Request if, for any reason, it does not suit the amount of the commission charged in accordance with the Agreement.
4.6.3. The operator withholds a commission for the provision of Services in favor of the Company:
• in case of charging a fee from the Recipient - by deducting a part of the amount of money (electronic money) from the Payer transferred in accordance with the Agreement on the basis of the instruction of the Recipient, the corresponding order is considered this Recipient when forming an electronic request in accordance with clause 4.1. 2 of the Agreement, in the amount equal to the amount of the commission;
• in case of charging a commission from the Payer - by increasing the amount of the Transfer made by the amount of the commission when the Payer forms the Electronic Request and then withholds the amount of the commission on the basis of the Payer's order, the corresponding order is considered this Payer when he forms the Electronic request in accordance with clause 4.1. 1 of the Agreement, in the amount equal to the amount of the commission.
4.6.4. The Operator also withholds a commission for the provision of Services in favor of the company, in case of impossibility of making a transfer due to the input / message by the Payer / Recipient of incorrect data (including details). Upon the return of the Erroneous Translation upon the request of the Payer, the commission for the provision of the Company Services shall not be returned.
4.7. The User is entitled at any time within the framework of the information and technological interaction provided by the Zamzam Service, through the interface provided by the Zamzam Service, receive information about the performed Transfers, as well as other information related to the provision of the Services to the User in accordance with the Agreement.
4.8. The Company has the right to refuse to the User in the formation of an Electronic request sent to the Issuer regarding which the Operator does not have the technical ability to carry out information interaction (technological problems with the communication channel, suspension of receipt of Authorization requests at the initiative of the Issuer, Acquirer, etc.). The Company provides the Users with relevant information about the limitations of the Service (the possibility of making Authorization) until the moment of execution of the corresponding Electronic request based on the data of the Operator.
5. Other provisions.
5.1. When resolving disputes arising from the Agreement and / or related to the use of the Payment Service for the purpose of making settlements on Transfers, the documents confirming the facts stated by one of the parties to the dispute are:
5.1.1. An order of the Payer or Recipient in electronic form is an electronic document generated in the Zamzam Service software tools and stored by the Company on the Zamzam Service server after making settlements on the completed Transfer.
5.1.2. An electronic journal, in which the Operator includes information on Transfers based on electronic documents (clauses 4.1.1, 4.1.2 of the Agreement), drawn up by the Operator when taking actions to ensure settlements on completed and performed Transfers.
5.1.3. The electronic protocol of the User’s actions and the events occurring in this regard, recorded by technical devices and software of the Zamzam Service or the Payment Service.
Moreover, in case of discrepancy of the above documents to each other (discrepancy of the information contained in these documents), the electronic document remaining with the Operator is a document confirming the validity of the calculations made on the Transfers and the terms of the Agreement.
5.2. The Company is not liable in the event that the User made a mistake when entering the details of the Payment Method, Transfer Identifier in the Zamzam Service / Payment service (for example, identifying information in the Issuer's accounting system).
5.3. The User assumes all risks associated with a significant change in the circumstances from which the User proceeded when concluding the Agreement, and such circumstances are not grounds for amending and terminating the Agreement, as well as for the User not fulfilling obligations under the Agreement.
5.4. The Company has the right to unilaterally amend the Agreement by posting on the Website the text of this offer containing such changes (updating this offer). Changes come into force from the moment of publication, unless another deadline for the entry into force of the changes is additionally determined when publishing the current text of this offer.
5.5. The Agreement is considered concluded on the terms of this offer from the moment the User takes actions aimed at generating an Electronic request by any of the methods provided for by this offer, and is valid until the Participants of the settlement of obligations to make settlements on the Transfer.
5.6. By concluding the Agreement on the terms of this offer, the User agrees to the processing by the Company of his personal data, namely to perform, including the following actions: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction, with the aim of concluding agreements, fulfilling the concluded agreements, as well as with the purpose of fulfilling the requirements of regulatory acts on counteracting the legalization of criminally obtained funds and the financing of terrorism. These actions can be performed using automation tools. The User also gives his consent to the transfer, in order to carry out the actions provided for in this paragraph, by the Company of his personal data to third parties in the presence of a properly concluded agreement between the Company and such third parties.
5.7. Each of the parties has the right to unilaterally and extrajudicially terminate the Agreement by writing in writing to the other Party 10 (Ten) calendar days before the planned date of termination. At the same time, the claims of the parties to each other regarding the Services made using the funds of the Payment Service are presented in accordance with the current legislation of the Russian Federation.
5.8. Termination of the Agreement does not mean release of the parties from their obligations on previously concluded transactions and other operations, including from necessary expenses and payment of remuneration to the Company in accordance with the terms of the Agreement.