Bitpanda Payments really appreciates the trust you place in us when using our services. For this reason, privacy and data security have an enormously high priority for us. It is very important to us that you feel safe during the usage of our services as well as over the course of all other business transactions with us. As soon as you make use of services of Bitpanda Payments, you entrust us with the processing of your personal data. Our approach hereby, is to give you the best possible experience with the usage of our services with the highest data security standards now and in the future.
2. About Bitpanda Payments
4. Payment Services:
Which payment services offers Bitpanda Payments?
Bitpanda Payments offers the following services (hereinafter referred to as "payment services"):
Payment Transfer Services: services for the execution of payment transactions, including the transfer of funds to a payment account with Bitpanda Payments or with another payment service provider (e.g. direct debit transactions, payment card transactions, credit transfer transactions).
Money Remittance Services: services where funds are received from a payer, without any payment accounts being created (in the name of the payer or the payee), for the sole purpose of transferring a corresponding amount to a payee or to another payment service provider acting on behalf of the payee, or where such funds are received on behalf of and made available to the payee.
Payment Initiation Services: a service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.
Are children allowed to use Bitpanda Payment’s services?
No, the payment services of Bitpanda Payments are not directed to people under the age of 18 years. Only persons of legal age are permitted to use the services of Bitpanda Payments. Therefore, we are not knowingly collecting personal data from children. So, if you are under the age of 18 years, please do not use the services of Bitpanda Payments and do not provide any personal data to us.
Who is responsible for the data processing and who can you contact?
Additionally, a group-wide uniform data protection strategy in the Bitpanda Group exists. Thus, Bitpanda GmbH, as parent company, acts as a central point of contact and service provider for all data protection issues concerning all services offered via the platform or the Mobile App.
If you have any questions in connection with the processing of your personal data and the exercise of your rights under GDPR, you can contact our privacy team: firstname.lastname@example.org
Please note that for certain requests, we require further identification data from you (e.g. Passport, ID card, etc.), in order to ensure that your personal data is only shared with you.
7. Payment Initiation Services:
How is my personal data processed if I use payment initiation services?
When you use our payment initiation services, we will only process your personal data with your consent or due to a contractual obligation towards you and we will not request any data from you other than those necessary to provide this service. Furthermore, we won’t use, access or store any data for purposes other than for the performance of the payment initiation service as explicitly requested by you. All personal data which is necessary to provide the payment service (especially your security credentials) is not accessible by any other party other than Bitpanda Payments and only transmitted by us through safe and efficient channels. After the performance of the service Bitpanda Payments will not store your sensitive payment data.
8. Data categories and sources:
Which personal data do we process and from which sources does the data originate?
We process the personal data that we receive from you within the scope of the business relationship and usage of payment services. Furthermore, we might process data we receive within the Bitpanda Group and data we have received from credit agencies, debtor directories, business analysis providers (e.g. CRIF GmbH, KSV 1870 Holding AG, Dow Jones News GmbH, Factiva Limited, Sift Science Inc.) and from publicly accessible sources (e.g. commercial register, register of associations, land register, media, sanctions lists).
When using our payment services or interacting with Bitpanda Payments, the following personal data might be processed:
Contact data: when using payments services or communicating with Bitpanda Payments we might process for example: name, address, telephone number, email, date of birth, photo of your Bitpanda account.
Verification data: to use our payment services your account has to be verified, therefore we might process for example: screenshots of national identity documents like passport, driving license or ID card and the identification data from these documents, also utility bill details for residence verification and video data from the video authentication process.
Financial data: for the performance of payment services we might process for example: bank details (IBAN, BIC), other payment service provider information, security credentials, payment details, transaction-ID and other sensitive payment data.
Log data: during activities when using a payment service, we might process for example: IP-address, transaction data, deposit and withdrawal address, computer or mobile device information, frequency, time, operating system, browser type, device type, unique device identification number, optionally form data, crash reports, performance data.
Company details: if you have a business account and you use payment services we might process for example: commercial register report, data of or concerning beneficial owners, records or additional information on recent, past or planned business activities, other data necessary to determine/validate the structure, the beneficial ownership or any power of attorney of the company.
Details to and proof of funds: if the proof of funds is necessary, we might process for example: banking statements or any other details provided by banks or financial institutions, contracts of sales or contracts in general, or any other suitable data to prove or determine the origin of funds.
Support requests: if you contact our support, we might process for example: data provided in your request to the support team.
9. Purpose and legal basis for using personal data:
For which purposes and on what legal basis do we process your personal data?
All processing is performed in accordance with the GDPR, the Austrian Data Protection Act (DSG) and the Austrian Payment Service Provider Act (ZaDiG 2018). Generally, we process your personal data based on at least one of the legal bases listed below. Regarding the performance of payment services, we will process your personal data only with your explicit consent or if we are contractually obliged to do so towards you.
If we ask you to provide any personal data not described in point 8, then such data and the purpose and legal basis for the collection and processing, will be communicated to the Client at the point of collecting the personal data.
9.1 For the performance of contractual obligations (Art 6 para 1 lit b GDPR):
Processing of personal data might be necessary for the performance of the contract with you or in order to take steps at your request prior to entering into a contract. The following data processing operations, for example, are covered by such contractual obligations:
performance of our payment services, all tasks necessary for the operation and administration of Bitpanda Payments;
account management (e.g continuous updating of Client data);
execution of your payment requests (e.g. payment processing, chargebacks, proof of purchase and selling);
client service and support requests (e.g. contacting because of complications, Zendesk);
video authentication process if you register for an account on our website (validation of identity)
analysis and improvement of the quality and the general user experience of our services (e.g. performance tracking on the platform).
9.2 For compliance with legal obligations (Art 6 para 1 lit c GDPR):
Processing of your personal data might also be necessary for complying with various legal obligations (e.g. FM-GWG, ZaDiG 2018, BAO, UStG etc.). The following data processing operations, for example, are covered by such legal obligations:
contract management, accounting and invoicing;
compliance and risk management;
monitoring for prevention of fraud, misuse (e.g. for illegal purposes), money laundering and terrorist financing;
providing information to fiscal criminal authorities in the context of fiscal criminal proceedings or to prosecution in accordance with official orders;
consultation of credit agencies to determine creditworthiness and default risks.
9.3 To protect legitimate interests (Art 6 para 1 lit f GDPR):
Where necessary, data processing might take place beyond the performance of the contract in order to maintain the legitimate interests of Bitpanda Payments or a third party. The following data processing operations are covered by such a legitimate interest:
prevention of fraud, misuse (e.g. for illegal purposes), money laundering and terrorist financing;
risk management and risk minimisation e.g. through enquiries to credit agencies, debtor directories, or providers of business analysis);
identification and examination of potentially defective or suspicious business cases and accesses to our websites (e.g. analysis via Sift Science);
data transmission within the Bitpanda Group for internal administrative purposes (no sensitive payment data will be transmitted!);
account management and handling general client requests and inquiries;
measures for protecting our clients, partners and employees, as well as safeguarding network and information security, also including measures from external data centers and service providers;
processing inquiries from authorities, lawyers, collection agencies in the course of legal prosecution and enforcement of legal claims in the context of legal proceedings;
market research, business management and continuing development of services and products;
direct marketing and advertising (e.g. performance of marketing strategies, targeting of Clients, dispatch of vouchers, advertisement from Bitpanda Payments).
9.4 Based on your consent (Art 6 para 1 lit a GDPR):
If you have given us your consent to process your personal data, processing will only take place in accordance with the purposes defined and to the extent agreed in the declaration of consent. Consent given may be withdrawn at any time without giving reasons and with future effect, if you no longer agree to the processing. For example, with your consent we are processing data for the following purposes:
Payment services (e.g. transfers from your Bitpanda Account to another Bitpanda Account or a third party, initiating payment initiation services at a third party, etc.)
Please note that the withdrawal of the consent does not affect the lawfulness of processing based on consent before its withdrawal.
10. Recipients of personal data:
Who receives your personal data?
The protection and confidentiality of your personal data is important to Bitpanda Payments. Therefore, we transfer your personal data only to the extent described below or within the scope of an instruction at the time the data is collected from you. In addition, personal data that we collect concerning you will neither be sold by us nor otherwise disclosed to third parties.
10.1 Data transfer within the Bitpanda Group:
As part of the Bitpanda Group we might transmit data to a limited extent within the Bitpanda Group. This happens for internal administrative purposes to conduct internal administrative activities efficiently in a shared way or if a company of Bitpanda Group acts as service provider (processor) for Bitpanda Payments. In all these cases only those offices or employees will receive your personal data who need it to fulfil the contractual and legal obligations and legitimate interests. However, no sensitive payment data will be transmitted within the Bitpanda Group. If a company acts as a service provider for Bitpanda Payments, we contractually oblige this company to ensure the confidentiality and security of your personal data that they process on our behalf.
10.2 Data transfer to processors:
To a limited extent, we also transmit personal information to processors who perform services for us such as video authentication services (e.g. IDnow GmbH, youniqx Identity AG), IT services (Amazon Web Services Inc.), Client support (Zendesk Inc.), performance of contracts, account management, accounting, invoicing, and examination of defective or suspicious business cases (Sift Science Inc). Processors may only use or disclose this data to the extent necessary to perform services for us or to comply with legal rules. We contractually oblige these processors to ensure the confidentiality and security of your personal data that they process on our behalf.
10.3 Data transfer to public bodies and institutions:
We might also transfer your personal data (i) if we are required to do so by law or in the context of legal proceedings, (ii) if we believe that disclosure is necessary to prevent damages or financial loss, or (iii) in connection with an investigation into suspected or actual fraudulent or illegal activities.
10.4 Data transfer to other third parties:
Joint Controllership: If Bitpanda Payments acts together with other parties as joint controller (e.g. processing data for jointly determined purposes within the Bitpanda Group), we provide those parties with personal data if applicable and based on at least one of the legal bases listed above under Point 9. In case of a joint controllership, we transmit your personal data only based on a sufficient agreement with our partners (Art 26 GDPR). However, no sensitive payment data will be transmitted within the Bitpanda Group.
Other third parties: Bitpanda Payments might transfer your personal data to any other person with your consent to the disclosure or the purpose of performing a contract or in order to take steps at the request of the data subject prior to entering into a contract, especially for the performance of payment services to credit institutions and other payment service providers as well as in regard of Bitpanda GmbH and/or Bitpanda Metals GmbH, as far as the disclosure is necessary for the performance of transactions of cryptocurrencies, digital assets or the purchase and sale of precious metals.
11. International data transfer:
Is data transferred to third countries or international organisations?
If we process personal data in a third country (outside the European Union (EU) or the European Economic Area [EEA]) or if this occurs in the context of the use of third-party services or disclosure and/or transfer of personal data to third parties, we shall only transfer personal data to the performance of our (pre)contractual obligations, based on your consent, a legal obligation or our legitimate interests. Subject to legal or contractual authorisations, we process or have personal data processed in a third country only where the conditions of Art 44 et seq GDPR are met. This means, for example, that processing and transferring is carried out based on special safeguards, such as the officially recognised setting of adequate level of data protection corresponding to the EU (e.g. for the USA by the EU/US Privacy Shield) or compliance with officially recognised special contractual obligations (known as “Standard Contractual Clauses”).
Please contact email@example.com if you need further information regarding the international data transfer or if you would like to see a copy of the specific safeguards applied to the export of your personal data.
12. Retention and deletion periods:
For how long is my personal data processed (stored) and when will it be deleted?
We retain your personal data, as far as necessary, for the duration of the entire business relationship (from initiation through performance to termination of a contract), and in principal, 1 year after termination of the business relationship. Beyond this we retain your data only for a longer period, in accordance with statutory retention and documentation obligations or to defend legal claims. When we perform payment initiation services for you, we will not store the sensitive payment data obtained thereby.
The retention period is thus determined by the statutory retention periods or limitation periods. In accordance with the Austrian Enterprise Code (UGB) and the Federal Tax Code (BAO) 7 years, in accordance with the Financial Market Money Laundering Act (FM-GWG) and the Payment Service Provider Act (ZaDiG 2018) 5 years, in accordance with the Equal Treatment Act (GIBG) half a year and in certain cases between 3 and 30 years according to the Austrian General Civil Code (ABGB) e.g. if data are required as evidence for legal disputes or for as long as there are other legitimate interests in retention.
13. Data subject rights:
What rights and options under GDPR do I have?
Right of access: You have the right to request confirmation from us as to whether we are processing personal data concerning you. Where personal data concerning you is being processed, you have the right to receive information from us within a reasonable time regarding the personal data stored about you and to receive a copy of the personal data concerning you which is undergoing processing. Please use this Link if you are logged into your account to submit such a data access request.
Right of rectification: You have the right to request the rectification of inaccurate personal data concerning you. Considering the purposes of the processing, you shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure: You have the right to request from Bitpanda Payments the erasure of personal data concerning you, where one of the following grounds applies and if no further processing is required:
the personal data is no longer necessary in relation to the purposes for which it was collected;
you withdraw your consent on which the processing was based and where there is no other legal basis or overriding legitimate interest for the processing;
the personal data has been unlawfully processed; or
erasure of the personal data is required for compliance with a legal obligation under European Union or Member State law to which the Controller is subject.
Requests for the erasure of personal data must include the respective ground (Art 17 para 1 GDPR).
Right to restriction of processing: You have the right to request from us the restriction of processing where one of the following conditions applies:
you contest the accuracy of the personal data (the restriction shall be put in place for a period which enables Bitpanda Payments to verify the accuracy of the personal data);
the processing of your personal data was unlawful, and you oppose the erasure of your personal data and request instead the restriction of their use;
Bitpanda Payments no longer requires your personal data for the purposes of the processing, but you require them for the assertion, exercise or defense of legal claims; or
You have objected to processing your personal data and it has not yet been determined whether the legitimate grounds of Bitpanda Payments override your own.
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. You shall also have the right to request that we transfer this data directly to another controller, designated by you, where this is technically feasible and does not adversely affect the rights and freedoms of others. The right to data portability may only be exercised where the basis of the processing is either your consent or a (pre)contractual necessity, and where the processing is carried out by automated means. The right to data portability does not apply to processing which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object: You have the right to object to the processing of your personal data at any time if the processing is based on our legitimate interests. If you have objected to processing, we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or unless the processing is for the assertion, exercise or defense of legal claims. The objection does not affect the lawfulness of processing your personal data based on legitimate interests before your withdrawal.
Contact: To exercise one of the above-mentioned rights, you can send an email to firstname.lastname@example.org or a letter to Bitpanda Payments GmbH, Stella-Klein-Löw Weg 17, 1020 Vienna, Austria. Please note that for such requests we require further identification data from you (e.g. Passport, ID card, etc), in order to ensure that your personal data is only shared with you.
How can I object to the processing of my data for advertising purposes?
You can also object to any use of your personal data for advertising purposes. Please contact us via email email@example.com if you want to generally object to the processing of your data for advertising purposes. The objection does not affect the lawfulness of processing your personal data based on legitimate interests before your withdrawal.
Please keep in mind, however, that such an objection will only be made to Bitpanda Group and that even after such an objection, you might still receive advertising about Bitpanda from other providers on other websites over which we have no control.
15. Automated decision-making:
Does Bitpanda Payments use my personal data for automated decision-making including profiling?
Bitpanda Payments does not use personal data for automated decision-making including profiling within the meaning of Art 22 GDPR (e.g. decisions producing legal effects concerning data subjects, or otherwise significantly affecting them, based solely on automated processing of personal data, including profiling).
16. Processing for other purposes:
Is my personal data processed for purposes other than those for which the personal data was collected?
As a general principle of Bitpanda Payments, we only process personal data for the purposes for which they were collected. In exceptional cases, however, we might process your personal data which we have collected for one specific purpose for another purpose. In this case, we will inform you before the intended processing about this purpose, the period for which your personal data will be stored, the exercise of data subject rights, the option to withdraw consent, the existence of the right to file a complaint with the data protection authority, whether provision of the data was necessary on legal or contractual grounds and what the consequences would be if it were not provided, and whether automated decision-making or profiling is carried out.
17. Supervisory authority:
With which supervisory authority can I file a complaint?
You have the right to file a complaint to the competent supervisory authority, if you think you’ve your rights have been violated under the GDPR. In Austria, this is the Data Protection Authority (Datenschutzbehörde).
18. Declaration of consent:
How do I give my consent and how can I withdraw my consent?
You have the right to withdraw your consent at any time by mail to Bitpanda Payments GmbH, Stella-Klein-Löw Weg 17, 1020 Vienna, Austria, or via email to firstname.lastname@example.org. Please keep in mind that we might not be able to provide all our services to you anymore, if you withdraw your consent. The withdrawal of your consent does not affect the lawfulness of processing your personal data based on consent before your withdrawal.
19. Data Security:
How is my personal data protected?
The security of data is very important to Bitpanda Payments and we are committed to protecting data we collect. We maintain comprehensive administrative, technical and physical measures designed to protect your personal data against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. These measures meet the highest international safety standards and are regularly reviewed regarding their effectiveness and suitability for achieving the intended safety objectives.
We have implemented the following technical and organisational measures for example:
SSL encryption on our websites from which we transfer personal data;
two-factor authentication (2FA) for our platform;
ensuring the confidentiality, integrity, availability and resilience of our systems and services;
use of encrypted systems;
pseudonymisation and anonymisation of personal data;
entry, access and transfer control for our offices and systems;
measures for rapid recoverability of the availability of personal data in the event of a physical or technical incident;
measures for privacy by design and default on our platform like e.g. prevention of user enumeration;
implementation of procedures for regular review, assessment and evaluation of the effectiveness of the technical and organisational measure to ensure the security of the processing like e.g. our bug bounty programme;
internal IT security guidelines and IT security trainings;
Please also make sure that you use the two-factor authentication (2FA) for your Bitpanda account, keep your access data confidential and protect your computer against unauthorised access.
21. How to contact us?