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GDPR AND PRIVACY POLICY
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PRIVACY POLICY
І. GENERAL PROVISIONS
1.1. We are FINTECH MILLENIUM EOOD, a company registered in the Commercial
register and the register of non-profit legal entities with the Bulgarian Registry Agency,
having its company number 205424599 and with its seat and business address at 2
Nikolay Haitov str., entrance G, floor 5, apartment 13, 1113 Sofia, Bulgaria, e-mail:
info@dgpay.eu (hereinafter referred to as “Fintech Millenium“). In conformity with the
Bulgarian Law on Personal Data Protection and the General Data Protection Regulation
/EU/ 2016/679 Fintech Millenium is your personal data controller.
1.2. The present Privacy Policy stipulates how your personal data is collected, processed
and kept when you register at our website www.dgpay.eu , as well as when you use our
website, our mobile application Digipay as well as the services, which we provide
through our website and/or our mobile application, and also your rights related thereto.
We aim to guarantee your physical integrity and life by using and applying any and all
appropriate technical and organizational measures, so that no unauthorised access,
unauthorised or malicious use, loss or unlawful destruction or alteration is admitted.
1.3. The personal data collected by Fintech Millenium are processed in line with the
General Data Protection Regulation /EU/ 2016/679 and the applicable Bulgarian
legislation.
1.4. By registering at our website www.dgpay.eu and/or by using our website, our mobile
application as well as the services which we provide through our website and/or our
mobile application, you confirm that you have read the present Privacy Policy and that
you agree with all terms thereof.
1.5. Fintech Millenium reserve its right to periodically amend the present Privacy Policy
under its own discretion by publishing up-to-date versions thereof at our website. By
registering at our website www.dgpay.eu , and/or by using our website, our mobile
application Digipay as well as the services which we provide through our website and/or
our mobile application you confirm that you have read and accepted the terms of the up-
to-date version of the present Privacy Policy as to the respective moment.
ІІ. WHAT KIND OF PERSONAL DATA DO WE COLLECT?
2.1. When you register at our website www.dgpay.eu and/or use our website or our
mobile application Digipay, when you open a Digipay account as well as when you use
the services we provide through our website and/or mobile application we collect the
following information about you:
/a/ Your names, address and date of birth;
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/b/ Your e-mail and phone number;
/c/ Your user name and password;
/d/ Data regarding your debit and/or credit cards – number of your card, date of validity,
the last three digits of the number at the back side of your card (CVC);
/e/ Your identification documents – passport or identity card as well as other documents
which you present us with identification purpose.
2.2. When you wish to make online payments through our website or through our
application we collect data for your bank account – number of your account (IBAN).
2.3. In case you wish to be our business client, we collect information for the persons who
legally represent your company and/or for the owners thereof.
2.4. For the purposes of the direct marketing we may periodically collect other
information about you, for example regarding your preferences and interests.
2.5. In order to check your identity in terms of compliance with the applicable anti money
loundering legislation it is possible to collect information from third parties – credit
agencies, agencies for fraud and money loundering prevention. The information which we
collect from these third parties may include data for your identification, data regarding
your creditability and financial history.
2.6. When you use our website or our mobile application we collect technical information,
such as information about your IP address, your entry information, browser, operation
system, identifiers of your device, time zone settings, etc.
2.7. When you use our services we also collect information regarding your visit in our
website or our mobile application, such as the Uniform Resource Locator (URL), data
regarding the date and time of your visit, the duration of your visit, the pages which you
have visited, the services which you have reviewed or searched for as well as other
information regarding your behaviour during your visit.
2.8. When you make payments through our website or our mobile application we collect
information regarding your transaction – date and time, amount and currency of the
transaction, data about the payer and the payee, IP address of the payer and payee, data
regarding the geographical location where the transaction originates, data regarding the
manner of payment, ground for the payment, etc.
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2.9. When you use our website or our mobile application we may also collect data and
information, stored on your computer or mobile device, such as contact information,
photos, videos, etc., if you agree so.
2.10. When using our services, if you agree so, we also collect information by social
media, such as Facebook, Google or other social media. In this case we collect data from
your account in the respective social media, such as your contacts, photos, videos, etc. If
you agree so, we may use your account in Facebook or Google in order to identify you.
ІІІ. WHAT IS THE LEGAL GROUND FOR PROCESSING YOUR PERSONAL
DATA?
Fintech Millenium processes your personal data on one of the following grounds:
3.1. For execution or performance of the agreement with you
In order to provide you with the services which we offer through our website and/or our
mobile application we need certain information about you.
3.2. In performance of our legal obligations
These are the cases when we process your personal data because we need to comply with
our legal obligations.
3.3. Upon your explicit consent
In some case we process your personal data only after your prior written consent. The
consent is a separate legal ground for personal data processing and the specific processing
purpose is specified in it. At any time, you can withdraw your consent as a result of which
the ground for processing is no more granted.
3.4. In view of our legitimate interest
When we use your information in relation to a reason connected with our business
activity, in these cases the ground for processing your personal data is our legitimate
interest. When processing your personal data on this ground we aim to secure a balance
between our legitimate interest and your interests or your fundamental rights and
freedoms in your capacity of personal data subjects.
IV. FOR WHAT PURPOSES ARE YOUR PERSONAL DATA COLLECTED?
In our capacity of personal data controller, we collect your personal data with regard to
specified, explicit and legitimate purposes, namely:
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4.1. In order to provide you with the services offered on our website and on our mobile
application and in particular:
/a/ in order to verify your identity when approving and registering your account through
our website or our mobile application;
/b/ in order to execute the transaction which you make through our website or our mobile
application, such as order for payment from your Digipay account, receipt of money in
your Digipay account, charging of your Digipay account, withdrawal of money from your
Digipay account, as well as to provide you with information in relation to the services we
provide as well as reports for the transactions made by you, available money in your
Digipay account, etc.
4.2. With marketing purpose, namely:
/a/ in order to improve the services we provide and to develop new functionalities or new
services;
/b/ to send you communications in relation to changes and actualization of our services,
or with regard to current promotions and offers, in order to provide you with information
for similar services, offered by us, unless you choose not to receive such notifications
through the control panel of our website or mobile application or if you send your request
to stop receiving such notifications to the following email: info@dgpay.eu.
4.3. In order to protect our and your rights and legal interests, to maintain our services
safe and protected, to manage the risk from frauds and other illegal activities, as well as to
find and prevent frauds and other illegal activities.
4.4. In order to manage our website and our mobile application by monitoring,
investigating, analysing and testing the website and the mobile application aiming to
improve their content and functionalities, eliminating deficiencies, etc. For this purpose,
we use “cookies” whereby we track and analyse your behaviour when using the website
or the mobile application. For more information, please see section XI below.
4.5. To perform our obligation, to exercise our rights as well as to comply with the
applicable legislation.
V. WHAT ARE YOUR RIGHTS IN RELATION TO THE PERSONAL DATA
COLLECTED BY US?
You have the following rights in relation to the personal data collected by us:
5.1. Right of access to personal data
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You have the right to obtain by us information as to whether and to what extent your
personal data are processed, and where that is the case, access to the personal data and the
following information: what is the purpose of processing your personal data, which
categories personal data we process, the recipients or categories of recipients to whom the
personal data have been or will be disclosed, in particular recipients in third countries or
international organisations, where possible, the envisaged period for which the personal
data will be stored, or, if not possible, the criteria used to determine that period.
You may find a sample written request for access to personal data here. You may send
the request to the following e-mail: info@dgpay.eu
5.2. Right to rectification
At any time, you has the right to ask us to correct incomplete or inaccurate information
connected with you.
You may find a sample written request for rectification of personal data here. You may
send the request to the following e-mail: info@dgpay.eu.
5.3. Right to erasure (‘right to be forgotten’)
You have the right to ask us to delete your personal data on one of the following grounds:
/a/ the personal data are no longer necessary in relation to the purposes for which they
were collected or otherwise processed;
/b/ you withdraw the consent on which the processing is based;
/c/ you object to the processing of your personal data;
/d/ when personal data have been unlawfully processed;
/e/ your personal data have to be erased for compliance with a legal obligation to which
we as personal data controller are subject.
You may find a sample written request for erasure of personal data here. You may send
the request to the following e-mail: info@dgpay.eu.
5.4. Right to restriction of processing
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You have the right to request us to restrict the personal data processing where one of the
following applies:
/a/ you contest the accuracy of your personal data;
/b/ the processing is unlawful and you oppose the erasure of the personal data and request
the restriction of their use instead;
/c/ we no longer need your personal data for the purposes of the processing, but they are
required by you for the establishment, exercise or defense of legal claims;
/d/ you have objected to personal data processing pending the verification whether our
legitimate grounds as controller override your interests as a data subject.
Where processing has been restricted under one of the above grounds, such personal data
shall, with the exception of storage, only be processed with your consent or for the
establishment, exercise or defense of legal claims or for the protection of the rights of
another natural or legal person or for reasons of important public interest.
When you have submitted a request for restriction of personal data processing we will
notify you before the restriction of processing is lifted.
You can find a sample written request for restriction of protection of personal data here.
You can send the request to the following e-mail: info@dgpay.eu.
5.5. Right to data portability
You have the right to receive the personal data concerning you, which you have provided
to us, in a structured, commonly used and machine-readable format, as well as the right to
transmit those data to another controller.
The right of data portability arises under the following conditions:
/a/ the processing is based on consent with regard to certain purposes or on a contract
obligation, and
/b/ the processing is carried out by automated means.
You may find a sample written request for personal data portability here. You may send
the request to the following e-mail: info@dgpay.eu.
5.6. Right to object to personal data processing
At any time, you have the right to object to processing of your personal data when the
processing is necessary for the performance of a task carried out in the public interest or
in the exercise of official authority vested in Fintech Millenium in its capacity of personal
data controller, or when the personal data processing is necessary for the purposes of
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exercising of our legitimate interests. In these cases, we will no longer process your
personal data unless there are compelling legitimate grounds for the processing which
override your interests, rights and freedoms or for the establishment, exercise or defense
of legal claims.
When we process your personal data for direct marketing purposes, you have the right to
object at any time to processing of your personal data for such marketing. In this case,
your personal data shall no longer be processed for such purposes.
5.7. Right to lodge a complaint
If you think that your personal data are processed in violation of your rights and legal
interests, in line with the applicable legislation you have the right to lodge a complaint to
the Commission for Personal Data Protection (CPDP) in one of the following manner:
/a/ In person – at the CPDP’s Registry at: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592;
/b/ By post to: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592, Commission for Personal Data
Protection;
/c/ By fax: +3592/91-53-525;
/d/ By e-mail to the CPDP’s e-mail address ( kzld@cpdp.bg ). In this case, your complaint
should be submitted in the form of a signed electronic document with an electronic
signature;
/e/ Through the system for secure electronic lodging, maintained by the State Agency
“Electronic management”.
VI. HOW LONG DO WE KEEP YOUR INFORMATION?
6.1. We process your personal data while we are in business relationship with you in your
capacity of client of Fintech Millenium. After termination of our business relationship
with you we keep your personal information in line with the provisions of the applicable
legislation, namely the Bulgarian Law on the Measures Against Money Laundering, the
Bulgarian Law on the Payment Services and Payment Systems, etc.
6.2. Pursuant to the Bulgarian legislation against money laundering currently in force we
are obliged to keep your personal data for a period of 5 years as of the data of termination
of the business relationship with you.
6.3. Upon expiry of the statutory terms for keeping your information, the personal data
are destroyed without any delay.
VII. DO WE DISCLOSE YOUR PERSONAL DATA TO THIRD PARTIES?
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We may disclose your personal data to the following third parties in accordance with the
stipulations set forth in this section of the present Privacy Policy.
7.1. To other companies from Fintech Millenium group with the purpose to perform our
obligations in relation to the services rendered by us and to improve their quality.
7.2. To third parties to whom we need to share your personal data in order to provide you
our services, such as banks and other financial institutions, bank intermediaries, card
issuers, correspondent banks, companies providing international payment services, etc.
7.3. To our suppliers who help us in relation to provision, promotion and improvement of
our services, such as advertising agencies, cloud storage spaces suppliers, IT and
telecommunication services suppliers, computer program developers, computer
maintenance suppliers, etc.
VIII. DO WE TRANSFER YOUR INFORMATION OUTSIDE THE EUROPEAN
ECONOMIC AREA?
Your information may need to be transferred to third countries outside the European
economic area, including in countries which may have lower level of personal data
protection. In such cases, we take all necessary measures to guarantee that the company to
which we transfer the data has appropriate level of protection and that the personal data
processing is made in compliance with the present Privacy Policy and the applicable data
protection legislation. Such transfer of information is needed in order to provide you with
our services, to comply with our legal obligations or with a view to our legitimate
interests.
IX. WHAT KIND OF MEASURES HAVE WE TAKEN TO SECURE YOUR
DATA?
In order to guarantee the safety and security of your personal data Fintech Millenium
applies appropriate technical and organization measures with the purpose to protect your
personal data from accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to, personal data transmitted, stored or otherwise processed.
We store the personal data provided by you on our secure server VPS. Any transaction
made through our application is protected through Secure Socket Layer (SSL) with high
security level.
In order to make sure that our security measures will have the desirable effect it is very
important not to share to anybody your user name and password for entry into our website
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or into our mobile application. If you believe that your personal data for entry into our
website or our mobile application have become known by third parties, you can change
them at any time. If you face difficulties in this relation, you may contact us at any time at
the following e-mail: info@dgpay.eu.
X. USE OF OUR SERVICES FROM PERSONS UNDER AGE
We do not provide services to persons under the age of 18, neither allow
such persons to register themselves at our website or at our mobile
application, as well as to use them.
If we receive information that we have collected personal data from/of a
person under the age of 18, we will immediately delete them unless we
are legally obliged to keep these data.
Please contact us if you believe that we have collected personal data
from/of a person under the age of 18 either by mistake or unconsciously.
XI. USE OF COOKIES
11.1. We use “cookies” on our web page and mobile application. The “cookies” are small
text files /which normally consist of letters and numbers/, containing information which a
web page transfers from the internet browser to a computer or other devices, which you
use temporally, during the visit in the web page, or for a longer period of time, depending
on the types of the “cookies” used. By the “cookies” we receive feedback regarding the
effectiveness of our web page and also collect statistical data whereby the services
provided by us may be improved.
Some of the “cookies” are important for the functioning of our web page and they are
automatically activated during your visit.
11.2. We use temporary “cookies” with the purpose to ensure easier access to our web
page, as well as to facilitate you during your access to your account in the web page or the
mobile application. The purpose for use of the “cookies” is to identify the client during
the respective session, to control the connection security and to guarantee that the
information which the client enters, has been entered by him/her only.
11.3. The “cookies” for identification and security are automatically deleted upon
termination of the session of the browser used or are kept for limited period of time with
the purpose to ensure proper work with our web page. These “cookies” and the remaining
“cookies” used on our web page do not keep the personal data provided by you.
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11.4. Our web page uses “cookies” for keeping information as to the language version
choice with the purpose to keep these settings in the current session, thus ensuring
maximum convenience when you visit the web page.
11.5. In case you do not wish to accept the use of the “cookies” from our web page you
have the right to deactivate them through the settings menu of the internet browser used
by you. If you deactivate the “cookies”, some of the functions of our web page might not
work properly.
XII. FINAL PROVISIONS
12.1. The present Privacy Policy has been drafted in conformity with the Bulgarian Law
on Personal Data Protection and its implementing regulations, as amended from time to
time, and the General Data Protection Regulation /EU/ 2016/679.
12.2. The present Privacy Policy shall enter into force as of …….2020.
GENERAL TERMS AND CONDITIONS
for opening and servicing of payment accounts and payment services by
FINTECH MILLENIUM EOOD
I. General Provisions
1.1. The present General Terms and Conditions represent the Agreement (Contract)
between FINTECH MILLENIUM EOOD, a company registered in the Commercial
register and the register of non-profit legal entities with the Bulgarian Registry Agency,
having its company number 205424599 and with its seat and business address at 2
Nikolay Haitov str., entrance G, floor 5, apartment 13, 1113 Sofia, Bulgaria (below
referred to as “Fintech Millenium”), as a payment service provider, and the Client, and
set forth the manner of use of the services provided by us, namely services for opening
and servicing of payment accounts, provision of payment services, etc. as
1.2. These General Terms and Conditions further stipulate the general rights and
obligations of the Parties when the Client registers in the System, opens a payment
account, makes payments and uses all services provided by us.
1.3. This Agreement (Contract) is the main document in the relations between the Client
and us. The Client is obliged to carefully and thoroughly read this agreement prior to
register in the System and use of the services, provided by us.
1.4. The Client is obliged to entirely accept the present General Terms and Conditions in
order to start using the services provided by us. By accepting them, the Client confirms
that he/she/it is a natural person or a legal entity who/which performs business activity
only in person or in the capacity of a merchant. The Client /natural person/ further
declares that he/she is 18 years old, and the Client /legal entity/ declares that it is not in
bankruptcy or liquidation proceedings.
1.5. By accepting the present General Terms and Conditions the Client confirms that
he/she/it has read, understood and accepted also the Privacy Policy as located in our
website.
II. General terms
2.1. Internet payments – means payment of goods and services, making of transfers
and/or payment of obligations through Internet.
2.2. Personal data – means any information relating to an identified or identifiable
natural person who can be identified, directly or indirectly, in particular by reference to
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an identifier such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.
2.3. Client – is any natural person or legal entity who/which wishes to use the services
provided by us, has registered in the System and is making payments through our System.
2.4. Payee – is any natural person or legal entity or other organization pointed in the
payment order as a final recipient of the funds which have been the subject of a payment
transaction.
2.5. Payer - shall mean a natural person or a legal entity who/which holds a payment
account and allows a payment order from that payment account.
2.6. Fee – means any and all amount charged or due for executed payment transaction or
other services.
2.7. Payment transfer/order – means a payment transaction whereby funds are
transferred to an account of the Payee under the order of the Client.
2.8. Payment order – is an order /payment order/ made by the Client.
2.9. Transaction/payment transaction - means payment order or withdrawal/depositing
of funds under the request of the Client.
2.10. Payment service – means a service by provision of which there are conditions for
depositing or withdrawal of funds to/from the payment account (DigiPay account), as
well as any transactions related with the management of the payment account, including
order and receipt of payment transfers.
2.11. Payment instrument – means any payment instrument which the System allows to
be connected with the Account and through which payment orders could be made.
2.12. System – means an opened platform for digital payments developed and managed
by us.
2.13. Profile – means the result of the registration made in the System for each Client and
it is a compulsory requirement for use of the services provided by us.
2.14. Account – is a virtual account /DigiPay account/, opened automatically on the
name of the Client with the creating of his/her Profile in the System and it is used for
making of transactions.
2.15. Mobile application – means a mobile program for use of the services provided by
us.
2.16. Parties – are, we, as provider of payment services, and the Client.
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III. Registration in the System
3.1. Any client who wishes to use the services, provided by us, should firstly personally
register in the System at www.dgpay.eu or through our Mobile application.
3.2. When registering in the System the Client should provide two names, valid e-mail
and phone number. The provided data are personal data within the meaning of General
Data Protection Regulation /EU/ 2016/679. Our Privacy Policy contains detailed
provisions regarding the collecting, processing and storage of personal data.
3.3. When registering in the System the Client should create its own user name and
password for access. The password for access must be protected to the highest degree.
3.3.1. The Client should not reveal the password for access to third persons.
3.3.2. The password for access may be changed by the Client at his/her discretion at any
time. In case the Client is not able to change the password for access at his/her own, the
Client may send a request to us at e-mail info@dgpay.eu and we will provide the
necessary assistance.
3.4. After filling the registration form the Client will receive a link to finish the
registration, i.e. a confirmation through e-mail or to phone number at the discretion of
Fintech Millenium.
3.5. A Profile is created with the registration, which is individual and could not be
transferred from one Client to another.
3.6. Any Client has the right to have one personal and one business Profile.
3.7. At his/her own discretion any Client has the right, at the moment of registration in
the System, to provide data regarding his/her bank account /IBAN/. If this is not done at
the moment of registration, at any time thereafter the Client has the right to provide data
from his/her bank account in order to use the services provided by us. The Client has the
right to register more than one bank card in his Profile. The Client has the right to delete
from his/her Profile any bank card(s) registered for payments.
3.8. The opened platform for digital payment /the System/ is working with the following
instruments: Visa, Mastercard, Maestro, DC, BCMC.
3.9. Upon successful registration and creation of a Profile a payment Account (DigiPay
account) is automatically opened on the name of the Client for an indefinite period of
time. We do not have a requirement for a minimum amount available in the opened
payment Account (DigiPay account).
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3.9.1. The payment Account gives the Client the opportunity to deposit, transfer, keep
funds in his/her account for future transactions, to receive money in his/her account, to
pay goods and services, to make international and domestic transfers.
3.10. Any Client has the right to use the services, provided by us, also through our mobile
application. The activation of the application may be accomplished through an existing
registration of the Client.
3.11. We, as payment service provider, have the right to refuse a registration of a new
Client at our discretion without being obliged to specify the reason for that.
3.12. The Client is fully responsible for providing full, accurate, precise and up-to-date
information, necessary for his/her registration in the System and for creating of a Profile
as well as for use of the mobile application. In the event of changing of the data specified
in the registration form the Client is obliged to immediately update his/her information in
the Profile.
3.13. By registering in the System and creating a Profile it is considered that the Client
agrees with the present General Terms and Conditions and that he/she accepts to observe
them.
3.14. At any time after Client’s registration, we, as payment services provider, may
request the Client to provide us electronically with documents, evidencing the data
entered into his/her Profile /regarding natural persons – certificate of birth, identity card
or similar document, evidencing the age of the Client; regarding legal entities – certificate
of good standing or similar document issued in the state of registration/.
IV. Agreement
4.1. As of the moment of the registration, it shall be considered that there is a valid
agreement executed between the Parties, in conformity with the present General Terms
and Conditions. No explicit written form is required for this agreement.
4.2. We, as payment services provider, have the right to amend the present General
Terms and Conditions at any time by expanding or limiting the scope of the services we
provide. We also have the right to amend these General Terms and Conditions at any
time in the event of alteration of the conditions for execution of the transactions resulting
from changes in the legislation, security considerations, etc.
4.3. We, as payment service provider, shall notify the Client not later than two months
before entry in force of the respective amendment by publishing it on our web page. At
our discretion, we may send the Client a notification /through e-mail or phone number/,
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informing the Client about the forthcoming amendments in the General Terms and
Conditions.
4.4. We are not responsible for damages or losses incurred as a result of limitation of the
scope of the provided services.
4.5. No two months’ prior notice is due and the amendments in the General Terms and
Conditions shall apply without notification in the following cases:
/а/ the scope of the provided services is expanded;
/b/ there are statutory conditions for amendments or security considerations aiming to
prevent from financial frauds.
4.6. In the event that the Client does not initiates any actions for termination of his/her
agreement by sending a request for closing of his/her Profile to e-mail info@dgpay.eu, it
shall be considered that the Client accepts the amended General Terms and Conditions.
4.7. We, as payment service provider, has the right to terminate the agreement with two
months’ prior written notice as a minimum. The prior notice shall be sent to the Client at
to the provided by him/her e-mail.
4.8. If the Client receives a notification for termination of the agreement, the Clients is
obliged to pay all his/her obligations to us.
4.9. We, as payment service provider, has the right to terminate unilaterally the
agreement in the following cases:
/а/ The Client has deliberately used the payment Account /DigiPay account/ for illegal
purposes;
/b/ In the event the Client breaches obligations stipulated in the present General Terms
and Conditions or in the applicable legislation, provided these obligations concern the
relationships between us and the Client.
V. Manner of use and access to the Services
5.1. The Client has the right to use the Services provided by us through:
/а/ the web page www.dgpay.eu;
/b/ the mobile application /DigiPay/.
5.2. Any Client has the right to make payments through his/her payment Account
/DigiPay account/ provided there are funds in it.
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VI. Services
6.1. We provide payment services connected with payment transactions of the Client to
other Clients of us or Payees /natural persons or legal entities or organizations/,
depositing or withdrawal of money from/to payment Account /DigiPay account/, transfer
and receipt of money transfers.
6.2. As to the present moment we provide payment services in the following territories
/the “Territory range”/:
Europe, Brazil, Russia, India, China, the Philippines, USA, Canada and Great Britain.
6.2.1. We, as payment service provider, are doing our best to expand the Territory range
of our services into the future.
6.3. We, as payment service provider, do not provide loans to the Client.
6.4. We, as payment service provider, do not levy interest and the Client does not receive
interest over the amount in the payment Account /DigiPay account/.
6.5. For any Service the Client shall receive full report for the executed transactions in his
Profile, including:
/а/ the date, time and registration number of the payment transaction, and, where
necessary, information regarding the Payee;
/b/ the amount of the payment transaction in the currency in which the Payer’s payment
account is debited or in the currency pointed in the payment order;
/c/ all charges payable by the Payer for the payment transaction and the breakdown of the
amounts and types of any charges;
/d/ the exchange rate used by us, as payment service provider, for the payment transaction
and the amount of the payment transaction after that currency conversion.
VII. Charges for the Services
7.1. For any Service provided by us through our web page or through our mobile
application the Client is obliged to pay charges /commissions/. The charges of the
Services are published on our web page.
7.2. By accepting the present General Terms and Conditions the Client confirms that
he/she has read and accepted the charges due for the Services as well as with the terms
and conditions for provision of the Services and that the latter applies to him/her.
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7.3. We, as payment service provider, have at any time the right to update the prices due
for the Services by publishing the amended prices on our web page whereas the new
prices shall apply as at the moment of the publication.
7.4. The Client has the right to receive information as to the Charges due to us prior to
execution of the transaction.
VIII. Execution of payment transactions
8.1. In order to execute a payment transaction through our web page or mobile
application the Client fills in a payment order in the System and sends it for execution.
By sending the payment order for execution the Client confirms electronically in the
System his/her consent to payment order execution.
8.2. We, as payment service provider, execute only authorised payment transactions. No
partial transfers are allowed for individual payment orders. Pursuant to the present
General Terms and Conditions a payment transaction shall be considered authorised if the
Payer (the Client) has ordered it or has given his/her consent for its execution.
8.3. The action of submission of the payment order into the System shall be considered as
a consent given by the Client for execution of a payment order.
8.4. The Payer (the Client) is fully responsible for the truth and accuracy of the provided
payment data, such as name of the Payee, bank account and other appropriate
information.
8.5. The Payer (the Client) is not entitled to withdraw the payment order after receipt
thereof in the System.
8.6. In the event that the Payer (the Client) provides wrong information as to the Payee
/inaccurate unique identifier/ and the payment order is executed pursuant to the data
provided by the Payer (the Client), the payment order shall be deemed to have been
executed correctly. It shall be further deemed that we, as payment service provider, have
duly performed our obligations, are not responsible for the non-execution or improper
execution and are not obliged to recover to the Payer (the Client) the ordered amount.
8.7. In case the Payer (the Client) submits not correct payment order or specifies wrong
data for the Payee and the payment order has been still not executed, the Payer has the
right to cancel the payment transaction and to submit new, correct payment order. No
charge is due for this service.
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8.8. In case of non-execution of a payment transaction due to invalid unique identifier
/IBAN/ of the Payee, we, as payment service provider of the Payer (the Client) shall
refund the amount of the payment transaction on the next business day.
8.9. The payment orders shall be executed chronologically as at the time of their receipt
into the System.
8.10. Payment orders, wherein the Client has specified an exact date on which the
payment order shall be executed, will not be processed. In this case, the payment orders
received in the System shall be returned to the Client.
8.11. In case the amounts of the money in the payment Account /DigiPay account/ is not
sufficient for the respective payment transaction, the respective payment shall not be
processed by the System. In this case, the Client should deposit money in his/her payment
Account /DigiPay account/.
8.12. The depositing of money into the payment Account /DigiPay account/ of the Client
shall be done through charging of funds from his/her bank card or through money transfer
by the Client or by third natural person or legal entity or organization.
IX. Liability
9.1. We, as payment service provider, are not liable for non-execution or delay in
transfers, ordered by the Client in the following events:
/а/ the delay or the actions undertaken by us are with regard to compliance with statutory
provisions on the prevention of money laundering or terrorist financing or on prevention
on financial frauds.
/b/ the delay is due to force majeure.
9.2. In the event of well-founded doubt that a payment order is related with terrorist
financing, financial frauds, or money laundering, we, as payment service provider, have
the right to request additional documents, evidencing the legal origin of the money used
for execution of the payment order. If the Client does not provide the requested additional
documents, we, as payment service provider, have the right to reject execution of the
payment order.
9.3. We, as payment service provider, are not liable in case the Client has disclosed
his/her user name and password for access to the System to third persons and the latter
execute payments on behalf and on the account of the Client regardless of the
circumstances for that.
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9.4. We, as payment service provider, do not guarantee uninterrupted work of the System
due to the reason that the system operations may be affected /disrupted/ by many factors
which are beyond our control and we are not liable if, for technical or other reasons, our
web page or mobile application or any of the Services are not accessible for the Client.
9.5. We, as payment service provider, are not liable for:
/а/ no possibility for access to our web page or mobile application or not proper working
of the web page or mobile application, including as a result of execution of tests on our
behalf with the purpose of verifications of connections, nets or other, as well as tests
aimed at improvement or optimization of the web page or mobile application;
/b/ the functionality and security of the public internet and connection thereof with the
Client’s devices through which the web page or the mobile application is used;
/c/ possible detection of “viruses” or other harmful consequences as a result of use of the
web page or the mobile application;
/d/ other circumstance beyond our control, including, but not limited to: force majeure,
accidental events, problems in the global Internet, third party acts, etc.
/e/ harmful acts of Client or third parties. In line with the present General Terms and
Condition “harmful acts” means actions or inactions leading to illegal use of our web
page or mobile application which infringe copyrights or rights similar to copyrights,
sending of “Trojan horses” or causing installation of viruses and systems for remote
control; interruption of the normal possibility of other Clients to use our web page or
mobile application; execution any actions which may be qualified as crime or
administrative violation under the Bulgarian legislation.
X. Security
10.1. The Client has the right to inform us regarding problems found by him/her
connected with the use of our web page or mobile application (including errors, technical
troubles, etc.). Any questions related with the operation of our web page or mobile
applications the Client may address to e-mail info@dgpay.eu.
10.2. The Client is fully responsible for protecting of his/her user name and password for
access to our web page or mobile application from third parties. In case the Client has
well-founded doubts that his/her user name and password for access have become known
by third parties, he/she is obliged immediately to change his/her password for access in
the respective place on our web page or mobile application.
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10.3. We, as payment service provider, by no means send through e-mail messages
urging the Client to update his/her data and Profile in the System or to disclose his/her
password and/or user name.
10.4. We, as payment service provider, have the right to temporary block Client’s access
to his/her Profile in the System in the following events:
/а/ at the request of the Client;
/b/ in the event of well-founded doubt for use of his/her Profile for the purpose of
committing of fraud;
/c/ in case of illegal use of the payment instruments;
/d/ when the actions of the Client violate the requirements of the applicable legislation
and the present General Terms and Conditions;
/e/ on our initiative in cases related with security issues, well-founded grounds for
financing of terrorism, financial frauds or money laundering.
10.5. The blocking of Client’s Profile shall not be considered as automatic termination of
the agreement with the Client.
XI. Account deletion. Withdrawal of funds
11.1. In case the Client does not accept the amended General Terms and Conditions or in
case of termination of the Agreement either by us, as a payment service provider, or by
the Client, the Profile is deleted from our System.
11.2. Provided the Profile is deleted, the Client has the right to withdraw the available
money from his/her payment Account /DigiPay account/ by transferring them to his/her
bank account. Thereafter, the Client may withdraw his/her money in cash.
XII. Copyright
12.1. The web page www.dgpay.eu represents protected copyright and related rights
object and contains materials, information and other content, published on the web page,
which are copyright and related rights protected objects as well as industrial property
objects. The web page may also contain company names of legal persons and/or sole
proprietors, trademarks, logos, names of products and/or services and other similar
protected right objects presented either by Fintech Millenium or with its consent.
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12.2. Any use of the web page content, including, but not only recording, publishing,
copying, distribution, reproduction, publishing in Internet, revision or use in any other
manner of the web page content may be performed only with the explicit consent on
behalf of Fintech Millenium.
12.3. Any use of the web page or of the objects pursuant to the preceding articles in
breach of the provisions of the present General Terms and Conditions constitutes not only
a violation of the contractual relationships between the Client and us, as a payment
service provider, but it may also constitute infringement of intellectual and/or industrial
property rights and/or other statutory protected rights and legal interest of Fintech
Millenium and/or third parties. For any infringement pursuant to the present section the
respective Client shall assume on his/her account the liability in full – civil,
administrative-criminal or criminal and shall pay on his/account the compensations
imposed by the competent authorities to the affected legal entities/natural persons.
XIII. Final provisions
13.1. The correspondence between us, as payment service provider, and the Client with
regard to use of the web page or the mobile application shall be carried through electronic
messages through our e-mail address info@dgpay.eu.
13.2. Any dispute between us, as payment service provider, and the Client, with regard to
the use of the services provided by us, shall be settled amicably by negotiations of the
Parties, and if this is not possible, any of the Parties may address the dispute for
resolution before the competent court in the city of Sofia.
13.3. For any and all matters not regulated pursuant to the present General Terms and
Conditions the provisions of the applicable law of the Republic of Bulgaria shall apply.
13.4. In the event that any provision of the present General Terms and Conditions is
declared invalid in line with the applicable pro
remaining provisions of the present General Terms and Condition which shall remain in
full force and effect and shall apply in the relationships between the Parties.
The present General Terms and Conditions shall enter into force on ...........2020.
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