PAYMENTS REGULATION POLICY STATEMENT
It is our policy and obligation to comply with the applicable regulatory requirements when providing services to our customers. The provision of the payment services in the European Economic Area (‘EEA’) is regulated by the EU Payment Services Directive (‘PSD’) transposed in the UK through the Payment Services Regulation 2009. Checkout Ltd, as a payment institution, is authorised by the Financial Conduct Authority (FCA) under the Payment Services Regulations 2009 for the provision of payment services (Register No. 584615), and this licence has been passported across the EEA countries.
Key features of the UK Payments regulation include:
- Capital requirements & liquidity – Payment institutions such as Checkout Ltd are required to maintain minimum levels of capital. We must also hold sufficiently liquid assets to be able to honour processed transactions and to meet our working capital requirements.
- Float Management – The payments regulations require authorised payment institutions to safeguard funds received from customers so that, in case of an insolvency event of the payment institution, the funds are protected at all time from other creditors’ claims and can be repaid to customers.
- Management & Vetting – The FCA must be satisfied that all individuals who are responsible for the management of the payment service are of good repute and possess appropriate knowledge and experience. The FCA performed a “fit and proper test” on each member of Checkout Ltd senior management considering honesty, integrity, reputation, competence, capability and financial soundness.
- Systems & Controls – Checkout Ltd must maintain organisational arrangements that are sufficient to minimise the risk of the loss or reduction of our customers’ funds or assets through fraud, misuse, negligence or poor administration. In addition, we are required to have effective risk management procedures, adequate internal control mechanisms and to maintain relevant records.
- Financial Crime – Checkout Ltd must comply with legal requirements to deter and detect financial crime, which includes money laundering and terrorist financing.
DECLINED LINES OF BUSINESS POLICY
Here below are listed the declined lines of business of Checkout Ltd. Please note however that this list is not exhaustive
- Inappropriate content, goods or services, including but not limited to:
- Racism/Religious persecution
- Illegal goods or services
- Dangerous or hazardous goods
- Any form of Copyright infringement, for both physical goods or digital content
- File hosting / Sharing and Cyberlockers
- Tobacco and smoking mixtures
- Debt and loan related businesses, High yield financial investments
- Get rich quick schemes and other high yield financial investments
- Loan Modification, Debt collection, Credit repair
- Virtual currencies
- Virtual currency exchanges
- Internet pharmacies (including referral sites)
- Weapons / Firearms
- Drugs / Illicit substances
- PC / Call center support
- Payment aggregators
- Prepaid / Calling cards
INFRINGMENT REPORTING POLICY
It is our policy to take appropriate action where necessary to remove from our services or to disallow the use of our services in connection with material that is claimed to be infringing. If you are an intellectual property rights owner and you believe a website or a webpage using our services sells, offers for sale, makes available goods and/or services, or otherwise includes content or materials that infringe your intellectual property rights, then please contact us at email@example.com stating in the subject matter of your email ‘Infringement Report’.
ANTI-MONEY LAUNDERING POLICY STATEMENT
It is our policy and obligation to comply with the anti-money laundering legal and regulatory requirements, and we take these very seriously. As a registered payment institution operating in UK and in the European Economic Area (‘EEA’), Checkout Ltd is subject to the Money Laundering Regulations 2007, the European Commission Wire Transfer Regulations, the Counter-Terrorism Act 2008, and the Proceeds of Crime Act 2002 (AML/CTF).
As it is supervised by the FCA, Checkout Ltd is required to meet, among others, the following legal requirements:
- Understand and interpret the legal and regulatory framework for AML/CTF requirements and systems;
- Understand standard industry best practice in AML/CTF procedures and proportionate risk-based approach;
- Design and implement the systems and controls necessary to mitigate the risk of being used in connection with money laundering or financing terrorism.
Checkout Ltd’s AML legal obligations include among others:
- Verify customers’ (including beneficial owners’) identity and address;
- Keep full records of all transactions together with identification provided;
- Monitor any unusual or suspicious transactions of any size;
- Report any suspicious transaction to the National Crime Agency.
ANTI-BRIBERY AND CORRUPTION POLICY
1. POLICY STATEMENT
1.1 It is Checkout.com’s policy to conduct all of its business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate, and implementing and enforcing effective systems to counter bribery and corruption.
1.2 We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate, including the United Kingdom, the United Arab Emirates, Mauritius, the British Virgin Islands, Singapore and India. In particular, we remain bound by the UK laws, including the Bribery Act 2010, in respect of our conduct both at home and abroad.
1.3 It is of paramount importance to combat bribery and corruption. Beyond the legal and ethical reasons to not engage in these practices, corruption is one of the main obstacles to sustainable economic, political and social development, for developing, emerging and developed economies alike. Overall, bribery and corruption reduce efficiency and increase inequality and it is vital for us to take a strong stand against them.
2. ABOUT THIS POLICY
2.1 The purpose of this policy is to: (a) set out our responsibilities, and of those working for us, or associated with us, in observing and upholding our position on bribery and corruption; and (b) provide information and guidance to those working for us, or associated with us, on how to recognise and deal with bribery and corruption issues.
2.2 It is a criminal offence to offer, promise, give, request, or accept a bribe. Individuals found guilty can be punished by up to ten years’ imprisonment and/or a fine. As a company, if we fail to prevent bribery we can face an unlimited fine, exclusion from tendering for public contracts, and damage to our reputation. We therefore take our legal responsibilities very seriously.
2.3 We have identified that the following are particular risks for our business: discounts and rebates, sales, licenses and permits, intermediaries and country risks. To address those risks we have developed trainings, policies and procedures, including a company Expense Policy with follow up from the Finance Department, grid pricing applied to our customers, ABC training and close oversight from senior management.
2.4 In this policy, “third party” means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, introducers, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
3. WHO MUST COMPLY WITH THIS POLICY?
Checkout.com ABC policy applies to all persons working for Checkout.com or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, channel partners, sponsors, or any other person associated with us wherever located (hereafter also referred to as ‘you’)
4. WHO IS RESPONSIBLE FOR THE POLICY?
4.1 The senior management has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
4.2 Management at all levels are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it.
4.3 You are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the Legal and Compliance Department at firstname.lastname@example.org.
5. WHAT ARE BRIBERY AND CORRUPTION?
5.1 Bribery is offering, promising, giving or accepting any financial or other advantage, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly, or where the recipient would act improperly by accepting the advantage.
5.2 An advantage includes money, gifts, loans, fees, hospitality, services, discounts, the award of a contract, or anything else of value.
5.3 A person acts improperly where they act illegally, unethically, or contrary to an expectation of good faith or impartiality, or where they abuse a position of trust. The improper acts may be in relation to any business or professional activities, public functions, acts in the course of employment, or other activities by or on behalf of any organisation of any kind.
5.4 The Transparency International, a global coalition against corruption, defines “Corruption” as the abuse of entrusted power or position for private gain. The UK Financial Conduct Authority explains further that corruption includes bribery.
6. WHAT YOU MUST NOT DO You must never: • offer, promise or give a financial or other advantage to any person (including a public official) with the intention of inducing or rewarding improper performance by them of their duties; • directly or indirectly accept or agree to receive a financial or other advantage as a reward for the improper performance of your duties. It makes no difference whether the advantage is for you or a third party. In particular, it is not acceptable for you (or someone on your behalf) to: (a) give, promise to give, or offer, a payment, gift or hospitality with the intention of influencing, inducing or rewarding improper performance ; (b) accept a payment, gift or hospitality from a third party that you know or suspect is offered with the expectation that we will provide a business advantage for them or anyone else in return; (c) accept hospitality from a third party that is unduly lavish or extravagant under the circumstances. (d) offer or accept a gift to or from government officials or representatives, or politicians or political parties without the prior approval of the compliance manager; (e) threaten or retaliate against another individual who has refused to commit a bribery offence or who has raised concerns under this policy; or (f) engage in any other activity that might lead to a breach of this policy.
7. FACILITATION PAYMENTS AND KICKBACKS
7.1 We do not make, and will not accept, facilitation payments or “kickbacks” of any kind.
7.2 Facilitation payments, also known as “back-handers” or “grease payments”, are typically small, unofficial payments made to secure or expedite a routine or necessary action (for example by a government official). They are not common in the UK, but can be common in some other jurisdictions in which we operate such as India.
7.3 Kickbacks are typically payments made in return for a business favour or advantage.
7.4 You must avoid any activity that might lead to a facilitation payment or kickback being made or accepted by us or on our behalf, or that might suggest that such a payment will be made or accepted. If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with us.
8. GIFTS, HOSPITALITY AND EXPENSES
8.1 This policy allows reasonable and appropriate hospitality or entertainment given to or received from third parties, for the purposes of: (a) establishing or maintaining good business relationships; (b) improving or maintaining our image or reputation; or (c) marketing or presenting our products and/or services effectively.
8.2 The giving and accepting of gifts is allowed if the following requirements are met: (a) it is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits; (b) it is given in Checkout.com’s name, not in your name; (c) it does not include cash or a cash equivalent (such as gift certificates or vouchers); (d) it is appropriate in the circumstances, taking account of the reason for the gift, its timing and value. For example, in the UK it is customary for small gifts to be given at Christmas; and (e) it is given openly, not secretly; (f) it complies with any applicable local law.
8.3 Promotional gifts of low value such as branded stationery to or from existing customers, suppliers and business partners will usually be acceptable.
8.4 Reimbursing a third party’s expenses, or accepting an offer to reimburse our expenses (for example, the costs of attending a business meeting) would not usually amount to bribery. However, a payment in excess of genuine and reasonable business expenses (such as the cost of an extended hotel stay) is not acceptable.
8.5 We appreciate that practice varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift, hospitality or payment is reasonable, proportionate and justifiable. The intention behind it should always be considered.
9.1 Checkout.com does not make contributions to political parties.
9.2 We only make charitable donations that are legal and ethical under local laws and practices. No donation must be offered or made without the prior approval of the local compliance manager.
10.1 We must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.
10.2 You must declare and keep a written record of all hospitality or gifts given or received, which will be subject to our review. These will be noted in our gift registry and be made in accordance with our gift and hospitality policy (see section 8).
10.3 You must submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with Checkout.com Expenses Policy and record the reason for expenditure.
10.4 All accounts, invoices, and other records relating to dealings with third parties such as customers, suppliers and business contacts, should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments.
11. YOUR RESPONSIBILITIES
11.1 You must ensure that you read, understand and comply with this policy.
11.2 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy.
11.3 You must notify us, as per section 12, as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. For example, if someone offers you something to gain a business advantage with us, or indicates to you that a gift or payment is required to secure their business. Further “red flags” that may indicate bribery or corruption are set out in clause 16.
12. HOW TO RAISE A CONCERN
12.1 You are encouraged to raise concerns about any issue or suspicion of bribery or corruption at the earliest possible stage.
12.2 If you are offered a bribe, or are asked to make one, or if you believe or suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must contact immediately Checkout.com Legal and Compliance Department at email@example.com
13.1 Individuals who refuse to accept or offer a bribe, or who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
14. SPECIAL CIRCUMSTANCES
14.1 The one situation where a bribe may be paid is if faced with blackmail, extortion or the threat of violence. These dangers must be real and imminent. It is the individual’s responsibility to report such an occurrence immediately.
15. BREACHES OF THIS POLICY
15.1 We reserve our right to terminate Checkout.com’s relationship with individuals and organisations working on our behalf, or associated with us, if they breach this policy.
16. POTENTIAL RISK SCENARIOS: “RED FLAGS” The following is a list of possible red flags that may arise and which may raise concerns under various anti-bribery and anti-corruption laws. The list is not intended to be exhaustive and is for illustrative purposes only. If you encounter any of these red flags while working for us, you must report them promptly: (a) you become aware that a third party engages in, or has been accused of engaging in, improper business practices; (b) you learn that a third party has a reputation for paying bribes, or requiring that bribes are paid to them, or has a reputation for having a “special relationship” with foreign government officials; (c) a third party insists on receiving a commission or fee payment before committing to sign up to a contract with us, or carrying out a government function or process for us; (d) a third party requests payment in cash and/or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made; (e) a third party requests that payment is made to a country or geographic location different from where the third party resides or conducts business; (f) a third party requests an unexpected additional fee or commission to “facilitate” a service; (g) a third party demands lavish entertainment or gifts before commencing or continuing contractual negotiations or provision of services; (h) a third party requests that a payment is made to “overlook” potential legal violations; (i) a third party requests that you provide employment or some other advantage to a friend or relative; (j) you receive an invoice from a third party that appears to be non-standard or customised; (k) a third party insists on the use of side letters or refuses to put terms agreed in writing; (l) you notice that we have been invoiced for a commission or fee payment that appears large given the service stated to have been provided; (m) a third party requests or requires the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to us; or (n) you are offered an unusually generous gift or offered lavish hospitality by a third party.
Checkout Ltd and any of its related companies, including the parent and the sister companies (“we”), are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998, the data controller is Checkout Ltd of 1st Floor, 32 Wigmore Street, London W1U 2RP, United Kingdom. Checkout Ltd is registered with the Information Commissioner’s Office under number ZA071209.
Information we may collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our website https://www.checkout.com (‘our website’) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our website, subscribe to our service, search for a product, enter a competition, promotion or survey, and when you report a problem with our website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal IDs, personal description and photograph. If you give us information on behalf of someone else, you confirm that you have shared this policy with them and that they have given permission for us to use their information as set out in this policy.
- Information we collect about you. With regard to each of your visits to our website we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about the services we feel may interest you;
- to notify you about changes to our service;
- to ensure that content from our website is presented in the most effective manner for you and for your computer;
- to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our website to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our website safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, and our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
- Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Checkout Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to access information held about you. Your right of access can be exercised in accordance with the UK’s Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
How to Contact us
Office of the General Counsel
1st Floor, 32 Wigmore Street
W1U 2RP, London
A cookie is a small file of letters and numbers that we store on your browser or on the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We may use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log in to secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we currently use and the purposes for which we use them in the table below:
Cookie Name Purpose Expiry _ga This cookie is used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. This cookie collects information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited. 2 years
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
COMPLAINTS HANDLING POLICY
Checkout.com is committed to providing the highest level of care to all our customers. If you feel that our service has not met your expectations, then please tell us. Customer complaints are important to our organisation. They offer specific insights into how we might improve our services, processes and procedures.
What to do if you have a complaint?
Please contact us at firstname.lastname@example.org, detailing the nature of your complaint and providing all relevant information and your contact details. To ensure that your complaint is resolved as soon as possible, please outline any steps you would like us to take in addressing the issue.
Our complaints procedure
• Once a complaint has been received, we will acknowledge it and aim to resolve it as quickly as possible. The length of time will depend on the nature of the issues involved. Should a delay occur, we will contact you explaining the reason of the delay and outline the next steps.
• If you have received an offer of remedial action or redress from us in response to a complaint you have submitted, and if you consider it to be acceptable, please let us know so that we can comply promptly with it.
If you are not satisfied with our response
If you are not satisfied with our final response, you might be entitled to refer it to the Financial Ombudsman Service (FOS), but you must do this within six month of our final response. Please refer to the FOS’ website for details of your rights. In summary, only ‘eligible complainants’ may refer their complaints to the FOS. These include microenterprises (companies with a turnover of less than €2 million and less than 10 employees) and charities with an annual income of less than £1 million.
Financial Ombudsman Service
The FOS is an independent organisation whose function is to help settle individual disputes between consumers and businesses providing financial services.
The Financial Ombudsman Service
0800 0 234 567