Whereas, axis Pay for E-Payments S.A.E., a company specialize in financial technology and electronic payments industry, has technological and electronic services for payment transactions, through a mobile App to be installed on smartphones, as specially tailored by the Company for such a purpose, and such application allows customers to pay by their mobile phone;
Whereas, a customer desires to use the Company's electronic payment services through the Company’s App, and accordingly, the customer registers at the service; and
Whereas, the use of service requires the Company to obtain information and data from the customer.
In light of the foregoing, the Parties hereto acknowledge that they are legally competent to act, enter into an agreement and assume the liabilities and obligations. Now, Thereupon, they hereby agree as follows:
The above preamble shall be an integral part of, complementary and supplementary to this Agreement and all the terms thereof.
The following terms shall have the meanings as herein ascribed thereto, unless otherwise required by the context:
- Confidential customer information
- Personal data and information provided by a customer to the Company in order to identify and register the customer at the service, which includes – but not limited to – name, phone number, address, profession and monthly income regardless of whether it is on a physical or electronic form, as well as all data and Information disclosed by a customer or the representative thereof to the Company or the representative thereof. The customer’s data and information shall not include any publicly-available information or any information that became available for other reasons, provided that the same shall not be occurred due to a breach by any of the Parties hereto to any of its respective liabilities and obligations, due to disclosure by third parties who do not subject to a confidentiality clause, or if the Parties hereto agree in writing to revoke the confidentiality.
- Data Processing
- Any electronic or technical process of writing, collecting, recording, saving, storing, merging, presenting, sending, receiving, circulating, publishing, deleting, changing, modifying, restoring or analyzing personal data and information, using any electronic or technical medium, partially or totally;
- Mobile App
- The Mobile App developed, designed and possessed by the Company in order to enable electronic payment transactions.
- Subscription Request
- customer's subscription request to axis Pay Smart Wallet Service.
Data Processing, Confidentiality and Security
- Upon the collection, storage and processing of confidential customer information, the Company, its representative or employees shall follow generally acceptable, sound and secure technical principles of the information technology industry.
- The Company shall not collect confidential customer information for processing unless the same is disclosed or given by the customer or the representative thereof.
- The Company shall ensure that its employees, officers, representatives, advisors and/or affiliates who have access to such confidential customer information are aware of its confidentiality and that the Company has a confidentiality obligation to maintain the security and confidentiality of such information.
- Without prejudice to the cases where the disclosure of confidential customer information is required by the Law, the Company shall oblige its employees, officers, representatives, advisors and/or affiliates who have access to confidential customer information to non-disclose such information to any third parties without the customer’s written approval.
- The Company shall not dispose of confidential customer information to any third parties, whether with or without consideration, unless the customer's express approval is obtained or if so permitted by law.
- The customer shall acknowledge the Company's right to use the confidential customer information for the purposes of market research, econometrics, macroeconomics, quantitative economics and development of mobile app services.
- The customer shall acknowledge the customer’s approval that its confidential information will be processed by the Company and/or the representatives thereof.
- The Company shall delete the confidential customer information as soon as the customer withdraws its above approval as given to the data processing by the Company, and as stated in Customer Smart Wallet Closure Request, the Company may – subject to the law – maintain this information provided that the Company shall maintain the confidentiality of and shall not disclose such information to third parties after the smart wallet is closed by the customer.
- The obligations of this Article (2) shall not apply to confidential customer information, if the information becomes known to everyone in a way or another, other than a breach by the Company or its employees, officers, representatives, advisors and/or affiliates to whom the confidential customer information was disclosed, as well as the information that was already known to the Company before disclosed by the customer, and the information that was disclosed by third parties who are not subject to the information confidentiality clause.
- When the confidential customer information is processed, the Company shall take the necessary technical and organizational measures that would preserve the privacy, confidentiality, safety, unity, and integrity of personal information, in order to ensure that the processing risks are mitigated as they might breach the customer's personal data and information.
- The company shall maintain the papers and documents or any other medium provided to the Company by the customer, provided that the Company shall not be responsible for the risks that may affect the confidential customer information if the same is attributable to an unknown reason that goes beyond the company’s control and without any negligence on the part of the Company.
- The customer shall undertake, present and acknowledge that the confidential customer information is true and accurate as provided to the Company by the customer and that the Company shall not be responsible for any mistake, fraud and/or manipulation of such information.
- The Company shall neither illegally deal in or access the confidential customer information, nor shall perform any illegal copying, sending, distributing, exchanging, transferring or circulating of personal information and data that may aim to disclose, destroy or modify the information while the same is stored, transferred or processed.
- As soon as the customer account of the mobile app is breached, violated or hacked, the customer shall immediately notify the Company of an accurate description of the nature of such breach, violation or forms as well as the possible causes of such breach, violation or hacking event.
- The customer shall acknowledge that the customer is aware that the Company shall have no responsibility for any disclosure of confidential customer information, whether intentionally or unintentionally, as long as such disclosed statement provided to the Company is incorrect, false, inaccurate and/or manipulated.
- The Company shall immediately notify the customer of a breach, violation or hacking of the confidential customer information processed by the Company.
Notices and Correspondence
- The Parties set the addresses indicated herein first above as their respective domicile for all notices, correspondence and documents exchanged between them, provided that the notices, correspondence and/or documents shall be sent by e-mail.
Waiver and Assignment
- The Company shall have the right to assign all or part of the data processing tasks as contained herein to a third party without the approval of the customer, provided that the assigned third party shall comply with the provisions of this Agreement and the Law.
- The customer shall not be entitled to assign its rights or delegate its obligations under this Agreement to a third party without the Company's prior express written approval. If so violated, this waiver or assignment shall not be effective against the Company.
Expiry of the Agreement
This Agreement shall expire, if:
- The smart wallet is closed by the customer;
- The customer id died;
- The Company is dissolved, liquidated, ceased, bankrupt and/or terminated.
- The customer shall inform the Company of any mistake in the confidential customer information as soon as the customer is informed or aware of the same.
- If any of the confidential customer information is corrected, amended, added or updated, the customer shall notify the Company of the same by a registered letter of acknowledgement of receipt
- If the Company failed, delayed and/or did not carry out any rights or powers authorized thereto under this Agreement, the same shall not be considered a waiver of the Company for same. If the Company carried out a part of its rights or powers, the same shall not constitute a waiver of the remaining of the rights or powers.
- In if any of the terms or provisions of the Agreement is illegal, invalid or unenforceable, this shall not affect the legality, validity and enforceability of the remaining provisions of the Agreement. The Parties must consult in good faith in order to correct and implement those illegal, invalid or unenforceable terms and provisions and the mutual goodwill of the parties shall be taken into account. The Parties shall endeavor to replace any invalid or unenforceable obligation with a valid and enforceable one, reflecting the original intent of the parties as legally as possible.
- Without prejudice to Article (6) above, the Confidentiality Clause of Confidential Customer Information shall service even after the expiry of this Agreement.
Applicable Law and Dispute Resolution
- This Agreement as well as the conclusion, performance and interpretation thereof shall be governed by the provisions of the laws of the Arab Republic of Egypt; particularly, Personal Data Protection Law No. 151 of 2020 and the Executive Regulation thereof.
- Any dispute that may be arisen with respect to the conclusion, performance or interpretation of this Agreement shall be settled by the courts of the Arab Republic of Egypt of all degrees, subject to the rules of the applicable jurisdiction of the law of Egypt.