Privacy Statement

Protecting Your Privacy


Last update: 24 January 2024


360pay is committed to protecting your privacy by handling your personal data in good faith, in a proportionate way, and by safeguarding it against unauthorised access through adequate technical and organizational measures.


SUMMARY


We only process personal data for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law.


The privacy notice below explains in short which information we gather about you and your business, what we use it for, and who we share it with. It also sets out your rights and who you can contact for more information.


Disclosure of your personal data


a) To trusted Swiss third parties


We share your personal data only with our trusted third parties (such as our IT service providers) where you have consented to the transfer or where its processing is directly connected with the conclusion or the performance of a contract between you and us.


b) To the Swiss authorities


We may share your personal data with the Swiss authorities pursuant to obligations we have such as record keeping, tax reporting, or providing information to a public body or law enforcement agency.


c) Transfer outside Switzerland


360pay never transfers your personal data outside Switzerland, in particular to jurisdictions lacking legislation guaranteeing an adequate level of data protection (here), unless:


  • you have consented in the specific case
  • the processing is directly connected with the performance of a contract between you and us, such as payment processing (here)
  • disclosure is essential in the specific case in order either to safeguard an overriding public interest or for the establishment, exercise or enforcement of legal claims before Swiss courts
  • disclosure is required in the specific case in order to protect your life or physical integrity
  • you have made the data generally accessible and have not expressly prohibited its processing

 

Information about you that we process


We may process information about you that (i) you provide to us (ii) we obtain from third parties or (iii) is publicly available. This information may include your name, age, gender, date of birth and contact details.


How we use information about you


We process information about you to enable us to:

 

  • provide our services to you
  • to enable us to provide you with information that we think may be of interest to you and
  • to meet our legal or regulatory obligations


When we send you information we think you might be interested in, you have the right to unsubscribe at any time by contacting us, or by following the unsubscribe instructions in our communications.


Your rights


Your rights under data protection laws include the right to:


  • request copies of your data
  • request correction of your data
  • request erasure of your data
  • object to us processing your data


If you have any questions about privacy issues or wish to exercise any of the rights set out above, please write to 360pay Ltd, Data Protection, Schützengasse 25, 8001 Zurich, Switzerland.


Our Privacy Statement


In this statement:


"Data Protection Legislation" means (i) the Swiss Federal Act on Data Protection of 19 June 1992 (FADP) and (ii) the EU General Data Protection Regulation 2016/679 (GDPR) together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same;


"Disclosure" means transmitting personal data or making such data accessible;


"Personal data" means any information relating to an identified or identifiable natural person;


"Processing" means any handling of personal data, irrespective of the means and procedures used, in particular the collection, storage, keeping, use, modification, disclosure, archiving, deletion or destruction of data.


1. Scope


This privacy statement exclusively applies to 360pay Ltd with registered offices at Schützengasse 25, 8001 Zurich, Switzerland ("360pay", "we", "us" or "our").


This privacy statement explains how we will collect, handle, store and protect information about you when:


  • we provide services to you
  • you use our website
  • we perform any other activities that form part of our business operations


When we refer to "our website" or "this website", we mean the specific webpages of https://www.360pay.ch and its subdomains.


2. What personal data we collect


We may collect, record and use your personal data in physical and electronic form, and will hold, use and otherwise process that data in line with Swiss and European data protection legislation and as set out in this privacy statement.


When we provide services to you or our clients and perform due diligence checks in connection with our services (or discuss possible services we might provide), we will process personal data about you. We may also collect personal data from you when you use this Website.


We may process your data because:


  • you give it to us (for example, in a form on our websites)
  • other people give it to us (for example, your adviser, or a third-party service provider that we use to help operate our business) or
  • it is publicly available


The personal data we process may include your:


  • name, gender, age and date of birth
  • contact information, such as address, email, and mobile phone number
  • country of residence and citizenship
  • lifestyle and social circumstances (for example, your hobbies)
  • family circumstances (for example, your marital status and dependants)
  • employment and education details (for example, the organization you work for, your job title and your education details)
  • financial and tax-related information (for example your income and tax residency)
  • IP address, browser type and language, your access times
  • details of how you use our products and services
  • details of how you like to interact with us, and other similar information


The personal data we collect may also include so called "sensitive" personal data, such as details about your:


  • religious, philosophical, political or trade-union related views or activities
  • data relating to health (for example, when we would like to provide you with refreshments during a meeting), the private sphere or affiliation to a race or ethnicity
  • genetic data
  • biometric data that uniquely identifies you
  • administrative or criminal proceedings and sanctions (collected from private databases during so-called background checks)
  • data relating to social assistance measures


Please note that if you choose not to provide, or object to us processing, the information we collect, we may not be able to process your instructions or continue to provide some or all of our services to you.


3. Personal data provided by or about third parties


When our client or another third party gives us personal data about you, we make sure they have complied with the relevant privacy laws and regulations. This may include, for example, that the client or the third party has informed you of the processing and has obtained the necessary permissions for us to process that information as described in this privacy statement.


If any information you give us relates to a third party (such as a spouse, a dependant, a holding company, or a business partner), by providing us with such personal data you confirm that, in line with the above provisions, you have obtained any necessary permission to use it or are otherwise permitted to give it to us.


4. How we use your personal data


We process information about you and your business to enable us to provide our services to you, and to meet our legal or regulatory obligations.


Typically, we process your personal data in the context of:


  • identifying you, whether it be in a face-to-face or digital setting
  • conducting due diligence and risk profiling on you and your business
  • executing and accepting payments on your behalf
  • client relationship management
  • meeting our legal and regulatory requirements
  • requests and communications from competent authorities


5. The legal grounds we use for processing personal data


We are required by law to set out in this privacy statement the legal grounds on which we rely in order to process your personal data. We rely on one or more of the following lawful grounds:


  • you have explicitly agreed to us processing your information for a specific reason such as the execution of business payments
  • the processing is necessary to perform the agreement we have with you or to take steps to enter into an agreement with you
  • the processing is necessary for compliance with a legal obligation we have such as keeping records for tax purposes or providing information to a public body or law enforcement agency or
  • the processing is necessary for the purposes of a legitimate interest pursued by us or a third party, which might be (i) to provide our services to you or our clients and other third parties and ensure that our client engagements are well-managed (ii) to protect our business interests (iii) to keep you or our clients informed about relevant products and services and provide you with information, unless you have indicated at any time that you do not wish us to do so


6. Sharing your personal data


In connection with any of the purposes outlined in the section "How we use your personal data" above, we may disclose details about you to:


  • competent authorities (including courts and authorities regulating us)
  • your advisers and accountants
  • anyone to whom we may transfer our rights and obligations under our Terms of Use (here)
  • any other person or organization after a restructuring, sale or acquisition of 360pay, as long as they use your information for the same purposes we did


7. How we protect your personal data


We use a wide range of measures to ensure we keep your personal data secure, accurate and up to date.


These include:


  • physical data storage of customer data in Switzerland exclusively, Swiss entry points into all of our services, Swiss hosting, Swiss electronic mailboxes
  • physical security measures, such as electronic access passes to our exclusively Swiss premises
  • regular cybersecurity trainings for all staff to ensure they are aware of our privacy obligations when handling personal data
  • restriction of access to personal data to a "need to know" basis, that is, access to information must be absolutely necessary for our employees to conduct their duties
  • technological security measures including fire walls, data encryption at rest and in transit (SSE KMS FIPS 140-2 and PCI DSS Level 1), in addition to running up-to-date anti-virus software on our physical and virtual instances
  • backups in different geographical zones within Switzerland
  • regular penetration testing provided by established Swiss cybersecurity firms


The transmission of data over the internet (including by e-mail) is never completely secure. Although we use appropriate measures such as strict data storage in Switzerland to try to protect personal data, we cannot completely guarantee the security of data transmitted to us or by us.


8. How long we keep your personal data for


We seek to ensure that we only keep your personal data for the longest of:


  • the period necessary for the relevant activity or services
  • any retention period that is required by law (that is, for 10 years in Switzerland) or
  • the period for which litigation or investigations might arise in respect of our clients or our service


9. Your rights


You have various rights in relation to your personal data. In particular, you have a right to:


  • obtain confirmation that we are processing your personal data and request a copy of the personal data we hold about you
  • be informed about the processing of your personal data (that is, for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from where it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences)
  • ask that we update the personal data we hold about you, or correct such personal data that you think is incorrect or incomplete
  • ask that we delete personal data that we hold about you, or restrict the way in which we use such personal data; withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent)
  • receive a copy of the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format (known as "data portability")
  • ask us to stop or start sending you marketing messages at any time by using the contact details in section 11 below and
  • object to our processing of your personal data


If you would like to access or see a copy of your personal data, you must ask us in writing. We will endeavour to respond within a reasonable period, and in any event within one month in line with Data Protection Legislation. We will comply with our legal obligations with regard to your rights as a data subject.


You may also use the contact details in section 11 if you wish to make a complaint relating to your privacy.


10. Sending you marketing information


We may use your information from time to time to inform you by letter, telephone, email and other electronic methods about products and services (including those of third parties) that may be of interest to you.


You may, at any time, ask us not to send marketing information to you by following the unsubscribe instructions in communications from us, or contacting us in the way described in section 11 below.


11. Contact


If you wish to exercise any of the rights relating to your personal date as set out above, or if you have any questions about privacy issues, or you wish to raise a complaint about how we are using your information, you can contact us by writing to 360pay Ltd, Data Protection, Schützengasse 25, 8001 Zurich, Switzerland.


12. Changes to this privacy statement


We may modify or amend this privacy statement from time to time.


When we make changes to this privacy statement, we will amend the revision date at the top of this page. The modified or amended privacy statement will apply from that date. We encourage you to review this statement periodically to remain informed about how we protect your information.

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