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PUBLIC OFFER
ON THE PROVISION OF SERVICES FOR THE SALE (DISTRIBUTION) OF ELECTRONIC MONEY AND NON-CASH PAYMENTS USING THE ELECTRONIC MONEY SYSTEM
PUBLIC OFFER
ON THE PROVISION OF SERVICES FOR THE SALE (DISTRIBUTION) OF ELECTRONIC MONEY AND NON-CASH PAYMENTS USING THE ELECTRONIC MONEY SYSTEM
This Public Offer for the provision of services for the sale (distribution) of electronic money and non-cash payments using the electronic money system is an Agreement in accordance with the provisions of Article 395 of the Civil Code of the Republic of Kazakhstan and becomes mandatory for the Parties to the Offer upon accession to this Offer (receipt of acceptance) in accordance with the provisions of Article 389 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the "Offer").
The text of the Offer set out below determines interaction with individuals and is considered concluded and comes into force from the day an individual accepts the Offer.
Terms and definitions:
Subscriber’s number is a telephone number assigned to the User by the mobile operator upon conclusion of the agreement between the User and the mobile operator for the provision of mobile services, allowing to uniquely identifying the User in the accounting system of the mobile operator.
Authorization is a permission of the Electronic Money System Operator for the owner of electronic money to carry out transactions using electronic money in the EMS, providing access to the Personal Account of the Electronic Money Owner.
Agent of the e-money issuer (hereinafter referred to as the Agent) is a legal entity and/or an individual entrepreneur engaged in the acquisition of electronic money from the issuer and individual owners and/or the sale of electronic money by the individual owner for their subsequent sale to individuals on the basis of an agreement concluded with the Operator.
Acceptance is a performance by an individual of the actions provided for in this Offer, meaning full and unconditional acceptance by the individual of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Authentication is a confirmation of the identification data by the EMS participant.
Authentication data include login and password assigned to the user upon registration in the EDM.
Electronic wallet balance is the amount of electronic money equivalent to the amount of money transferred by the Client to the Bank and/or Agent for the purchase of electronic money in the EDM within the amount of which the Bank bears an obligation to the owner of the Electronic money to repay it, and within the amount of which the EDM participant may carry out transactions with Electronic money in the manner and to the extent determined by this Offer.
Issuing Bank/Bank is a second-tier bank of the Republic of Kazakhstan, acting as a partner of the EDM Operator, issuing and redeeming Electronic money and granting the EDM Operator the right to ensure settlements on its behalf for Payments made by Clients using Electronic money in the EDM within the framework of the electronic money payment system.
Electronic wallet blocking means a complete or temporary ban on the use of electronic money stored in the electronic wallet of the electronic money owner.
Issue of electronic money is a payment service that provides for the issue of electronic money by the issuing Bank in favor of the owners by exchanging it for an equal amount of money at par value.
Funds/money in a monetary unit - tenge, representing a legal tender, mandatory for acceptance throughout the territory of the Republic of Kazakhstan, payments using which are made in the form of cash and non-cash transactions.
Client Identification means establishing the identity of an individual owner of electronic money based on the identity document.
Identification information is information about the user, including the full name of the user, IIN, the number of the identity document, the date of issue of this document, and the number of the Personal Account belonging to the user.
Use of electronic money means a transfer of Electronic money within the System by its owner (User) to another Participant of the system for the purpose of making a payment under civil transactions and/or other operations related to the transfer of ownership of Electronic money.
Client is an individual with full legal capacity in accordance with the applicable legislation of the Republic of Kazakhstan, who has performed conclusive actions aimed at entering into a Service Agreement by accepting the terms of this Offer and has provided the Bank via the Operator's EMS with a demand to issue Electronic Money and make Payments using them in the manner prescribed by this Offer. The Client and the User may be represented by the same person.
Conclusive actions are actions of a person expressing his consent/will to conclude the Agreement. Conclusive actions necessary for entering into the Agreement upon the terms of this Offer are established in accordance with clause 6.2 hereof.
Unauthorized issue of electronic money is an operation that involves the issuance of electronic money to individuals by crediting electronic money to electronic wallets not by the Bank and/or the EMS Operator, but by another (third party) who has gained access to the system, for example, an attempt to counterfeit the issue of electronic money (without the knowledge of the Bank and/or the EMS Operator and without the Bank receiving funds from Clients to purchase electronic money), all kinds of fraud or disruption of the system.
Electronic Money System Operator/System Operator/Operator is the Freedom Pay Limited Liability Partnership, acting as a payment organization in accordance with the accounting registration with the National Bank of the Republic of Kazakhstan No. 02-23-153 dated March 13, 2023.
Electronic money exchange transactions mean transactions to exchange electronic money issued by one issuer for electronic money of another issuer represented by a participant in another electronic money system.
Payment is a process of making settlements using Electronic money within the framework of a civil law transaction with a Partner.
Payment service (Service) is a set of software, hardware and equipment used for interaction between the EMS Operator and the issuer of electronic money and (or) owners of electronic money, as well as for providing the Client with services for collecting and processing information on payments, as well as their implementation within the EMS.
Redemption of electronic money is an operation carried out by the Issuer by exchanging electronic money presented by the owner of electronic money or subject to redemption without their presentation by the owner in cases stipulated by the laws of the Republic of Kazakhstan, for an amount of money equal to their nominal value.
Payment recipient is a legal entity and/or individual entrepreneur, in whose favor the Client makes a Payment using Electronic Money.
Payment Service User/User is an individual with full legal capacity in accordance with the applicable legislation of the Republic of Kazakhstan, who has entered into an Agreement with the System Operator on the use of the Payment Service by accepting the terms of this Public Offer regarding the use of the Payment Service. The Client and the User may be represented by the same person.
Supplier/Partner may be represented by individual entrepreneurs or legal entities that are participants in the EMS, carrying out entrepreneurial activities and accepting electronic money from other individual participants within the EMS as payment for the services provided and/or goods supplied, including those previously paid for by the relevant persons with whom the Supplier has concluded an Agency Agreement for accepting payments in their favor.
Rules are a set of provisions and requirements for the EMS functioning, defining including, but not limited to, the internal (operational) rules of the System Operator, which describe the processes necessary for the implementation/provision of the Service by the Operator to the Client in accordance with this Offer.
Security procedure is a set of organizational measures, software and hardware for protecting information designed to verify the rights of the electronic money owner to use electronic money and detect errors and/or changes in the content of messages transmitted and received electronically (hereinafter referred to as an Electronic message) when using the electronic money.
Amount of monetary claim is the sum of funds, in the amount of which the Client has the right to submit demands to the Bank for the issue of Electronic money for the purpose of making relevant Payments.
Instruction for making Payments using Electronic money is an electronic document containing the payment Recipient indicated by the Client, the Amount of monetary claim and the details of the document, which is the basis for the Recipient to receive funds from the payment transmitted using technical means via electronic communication channels, drawn up in accordance with the standards established by the legislation of the Republic of Kazakhstan.
Electronic Money System (hereinafter referred to as EMS) is a set of software and hardware, documentation and organizational and technical measures that ensure the implementation of payments and other transactions with electronic money.
EMS Participant Status is the type of EMS user (Operator, Issuer, Agent, Supplier, Client) depending on which the EMS participant receives certain rights corresponding to this type (status).
Parties to the Agreement are represented by the Client and the EMS Operator, as well as other persons directly involved in making Payments using Electronic Money, who, in accordance with the agreement, have the right or obligation to transfer, accept, use, acquire or sell Electronic Money within the EMS.
Bank Tariffs are tariffs/fees for the issue and redemption of electronic money (including other fees for additional services), which the Bank may charge in the amount specified on the Bank's website.
EMS Operator Tariffs are tariffs for servicing the Electronic Wallet, using Electronic Money and making Payments and/or transfers of Electronic Money within the EMS between the System Participants, posted on the EMS Operator website.
Terminal is a software and hardware complex of various types, including POS-terminals, stationary equipment, handheld mobile devices, portable terminals and cash registers, as well as a settlement web server for authorizing Transactions on the Internet (payment gateway).
Payment acceptance points mean separate divisions of the Bank and/or Partner that accept payments with the participation of an authorized representative of the Bank and/or Partner.
Service is a service provided by the Bank/EMS Operator to the Client as part of this Offer, consisting of organizing and implementing the issue, redemption and use by the Client of Electronic Money when making Payments.
Electronic receipt on the issue of electronic money (electronic receipt) is an electronic document generated by the Bank and/or the EMS Operator, placed in the interface of the Client's electronic wallet when issuing electronic money and containing mandatory details established by the legislation of the Republic of Kazakhstan, which can also be found on the Bank and/or the EMS Operator website.
Electronic money is an unconditional and irrevocable monetary obligation of the Issuer of electronic money, stored electronically and accepted as a tender in the electronic money system by other participants therein. Electronic money is issued by the Bank electronically upon receiving money from individual Clients in an amount equal to the nominal value of the obligations assumed. Electronic money issued under the Agreement can be used by the Client only when making Payments in favor of the Recipient of the payment and paying related expenses.
Electronic Wallet means a User account within the Payment Service, which provides, through a set of software and hardware (including, but not limited to: web interface, mobile applications and tablet applications, Terminal software, etc.), storage of the Client's Electronic Money and/or the Client's access to Electronic Money for the purpose of making relevant Payments. The Electronic Wallet registration procedure is determined by the Public Offer for the use of the Payment Service. The User is able to register no more than one Electronic Wallet per Subscriber Number at a time.
If this Offer does not contain an unambiguous interpretation of any term, the Client undertakes to be guided primarily by the interpretations provided on the EDS website.
The text of the Offer set out below determines interaction with individuals and is considered concluded and comes into force from the day an individual accepts the Offer.
Terms and definitions:
Subscriber’s number is a telephone number assigned to the User by the mobile operator upon conclusion of the agreement between the User and the mobile operator for the provision of mobile services, allowing to uniquely identifying the User in the accounting system of the mobile operator.
Authorization is a permission of the Electronic Money System Operator for the owner of electronic money to carry out transactions using electronic money in the EMS, providing access to the Personal Account of the Electronic Money Owner.
Agent of the e-money issuer (hereinafter referred to as the Agent) is a legal entity and/or an individual entrepreneur engaged in the acquisition of electronic money from the issuer and individual owners and/or the sale of electronic money by the individual owner for their subsequent sale to individuals on the basis of an agreement concluded with the Operator.
Acceptance is a performance by an individual of the actions provided for in this Offer, meaning full and unconditional acceptance by the individual of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Authentication is a confirmation of the identification data by the EMS participant.
Authentication data include login and password assigned to the user upon registration in the EDM.
Electronic wallet balance is the amount of electronic money equivalent to the amount of money transferred by the Client to the Bank and/or Agent for the purchase of electronic money in the EDM within the amount of which the Bank bears an obligation to the owner of the Electronic money to repay it, and within the amount of which the EDM participant may carry out transactions with Electronic money in the manner and to the extent determined by this Offer.
Issuing Bank/Bank is a second-tier bank of the Republic of Kazakhstan, acting as a partner of the EDM Operator, issuing and redeeming Electronic money and granting the EDM Operator the right to ensure settlements on its behalf for Payments made by Clients using Electronic money in the EDM within the framework of the electronic money payment system.
Electronic wallet blocking means a complete or temporary ban on the use of electronic money stored in the electronic wallet of the electronic money owner.
Issue of electronic money is a payment service that provides for the issue of electronic money by the issuing Bank in favor of the owners by exchanging it for an equal amount of money at par value.
Funds/money in a monetary unit - tenge, representing a legal tender, mandatory for acceptance throughout the territory of the Republic of Kazakhstan, payments using which are made in the form of cash and non-cash transactions.
Client Identification means establishing the identity of an individual owner of electronic money based on the identity document.
Identification information is information about the user, including the full name of the user, IIN, the number of the identity document, the date of issue of this document, and the number of the Personal Account belonging to the user.
Use of electronic money means a transfer of Electronic money within the System by its owner (User) to another Participant of the system for the purpose of making a payment under civil transactions and/or other operations related to the transfer of ownership of Electronic money.
Client is an individual with full legal capacity in accordance with the applicable legislation of the Republic of Kazakhstan, who has performed conclusive actions aimed at entering into a Service Agreement by accepting the terms of this Offer and has provided the Bank via the Operator's EMS with a demand to issue Electronic Money and make Payments using them in the manner prescribed by this Offer. The Client and the User may be represented by the same person.
Conclusive actions are actions of a person expressing his consent/will to conclude the Agreement. Conclusive actions necessary for entering into the Agreement upon the terms of this Offer are established in accordance with clause 6.2 hereof.
Unauthorized issue of electronic money is an operation that involves the issuance of electronic money to individuals by crediting electronic money to electronic wallets not by the Bank and/or the EMS Operator, but by another (third party) who has gained access to the system, for example, an attempt to counterfeit the issue of electronic money (without the knowledge of the Bank and/or the EMS Operator and without the Bank receiving funds from Clients to purchase electronic money), all kinds of fraud or disruption of the system.
Electronic Money System Operator/System Operator/Operator is the Freedom Pay Limited Liability Partnership, acting as a payment organization in accordance with the accounting registration with the National Bank of the Republic of Kazakhstan No. 02-23-153 dated March 13, 2023.
Electronic money exchange transactions mean transactions to exchange electronic money issued by one issuer for electronic money of another issuer represented by a participant in another electronic money system.
Payment is a process of making settlements using Electronic money within the framework of a civil law transaction with a Partner.
Payment service (Service) is a set of software, hardware and equipment used for interaction between the EMS Operator and the issuer of electronic money and (or) owners of electronic money, as well as for providing the Client with services for collecting and processing information on payments, as well as their implementation within the EMS.
Redemption of electronic money is an operation carried out by the Issuer by exchanging electronic money presented by the owner of electronic money or subject to redemption without their presentation by the owner in cases stipulated by the laws of the Republic of Kazakhstan, for an amount of money equal to their nominal value.
Payment recipient is a legal entity and/or individual entrepreneur, in whose favor the Client makes a Payment using Electronic Money.
Payment Service User/User is an individual with full legal capacity in accordance with the applicable legislation of the Republic of Kazakhstan, who has entered into an Agreement with the System Operator on the use of the Payment Service by accepting the terms of this Public Offer regarding the use of the Payment Service. The Client and the User may be represented by the same person.
Supplier/Partner may be represented by individual entrepreneurs or legal entities that are participants in the EMS, carrying out entrepreneurial activities and accepting electronic money from other individual participants within the EMS as payment for the services provided and/or goods supplied, including those previously paid for by the relevant persons with whom the Supplier has concluded an Agency Agreement for accepting payments in their favor.
Rules are a set of provisions and requirements for the EMS functioning, defining including, but not limited to, the internal (operational) rules of the System Operator, which describe the processes necessary for the implementation/provision of the Service by the Operator to the Client in accordance with this Offer.
Security procedure is a set of organizational measures, software and hardware for protecting information designed to verify the rights of the electronic money owner to use electronic money and detect errors and/or changes in the content of messages transmitted and received electronically (hereinafter referred to as an Electronic message) when using the electronic money.
Amount of monetary claim is the sum of funds, in the amount of which the Client has the right to submit demands to the Bank for the issue of Electronic money for the purpose of making relevant Payments.
Instruction for making Payments using Electronic money is an electronic document containing the payment Recipient indicated by the Client, the Amount of monetary claim and the details of the document, which is the basis for the Recipient to receive funds from the payment transmitted using technical means via electronic communication channels, drawn up in accordance with the standards established by the legislation of the Republic of Kazakhstan.
Electronic Money System (hereinafter referred to as EMS) is a set of software and hardware, documentation and organizational and technical measures that ensure the implementation of payments and other transactions with electronic money.
EMS Participant Status is the type of EMS user (Operator, Issuer, Agent, Supplier, Client) depending on which the EMS participant receives certain rights corresponding to this type (status).
Parties to the Agreement are represented by the Client and the EMS Operator, as well as other persons directly involved in making Payments using Electronic Money, who, in accordance with the agreement, have the right or obligation to transfer, accept, use, acquire or sell Electronic Money within the EMS.
Bank Tariffs are tariffs/fees for the issue and redemption of electronic money (including other fees for additional services), which the Bank may charge in the amount specified on the Bank's website.
EMS Operator Tariffs are tariffs for servicing the Electronic Wallet, using Electronic Money and making Payments and/or transfers of Electronic Money within the EMS between the System Participants, posted on the EMS Operator website.
Terminal is a software and hardware complex of various types, including POS-terminals, stationary equipment, handheld mobile devices, portable terminals and cash registers, as well as a settlement web server for authorizing Transactions on the Internet (payment gateway).
Payment acceptance points mean separate divisions of the Bank and/or Partner that accept payments with the participation of an authorized representative of the Bank and/or Partner.
Service is a service provided by the Bank/EMS Operator to the Client as part of this Offer, consisting of organizing and implementing the issue, redemption and use by the Client of Electronic Money when making Payments.
Electronic receipt on the issue of electronic money (electronic receipt) is an electronic document generated by the Bank and/or the EMS Operator, placed in the interface of the Client's electronic wallet when issuing electronic money and containing mandatory details established by the legislation of the Republic of Kazakhstan, which can also be found on the Bank and/or the EMS Operator website.
Electronic money is an unconditional and irrevocable monetary obligation of the Issuer of electronic money, stored electronically and accepted as a tender in the electronic money system by other participants therein. Electronic money is issued by the Bank electronically upon receiving money from individual Clients in an amount equal to the nominal value of the obligations assumed. Electronic money issued under the Agreement can be used by the Client only when making Payments in favor of the Recipient of the payment and paying related expenses.
Electronic Wallet means a User account within the Payment Service, which provides, through a set of software and hardware (including, but not limited to: web interface, mobile applications and tablet applications, Terminal software, etc.), storage of the Client's Electronic Money and/or the Client's access to Electronic Money for the purpose of making relevant Payments. The Electronic Wallet registration procedure is determined by the Public Offer for the use of the Payment Service. The User is able to register no more than one Electronic Wallet per Subscriber Number at a time.
If this Offer does not contain an unambiguous interpretation of any term, the Client undertakes to be guided primarily by the interpretations provided on the EDS website.
1. Subject of Agreement
1.1. The subject of this Agreement concluded with the Client by accession hereto through the performance of implicative actions provided for by this Offer is the provision by the EMS Operator to the Client of the Service for the sale of Electronic Money to the latter and the execution of non-cash payments using the EMS under the Agreement.
1.2. In order for the Operator to properly provide the Service under the Agreement, the Client replenishes the Electronic Wallet Balance and performs relevant transactions within the EMS in accordance with the following conditions:
1.2.1. The maximum amount of one transaction performed by an unidentified individual owner of electronic money shall not exceed an amount equal to fifty times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.2. The maximum amount of one transaction performed by a simplified identified individual owner of electronic money shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.3. The maximum amount of electronic money stored on one electronic device of an unidentified individual owner of electronic money shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.4. The maximum amount of electronic money stored in the electronic wallet of a simplified identified individual owner of electronic money shall not exceed an amount equal to three hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.5. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of an unidentified individual owner of electronic money during a working day shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.6. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of a simplified identified individual owner of electronic money to the electronic wallet of an identified or simplified identified individual owner of electronic money during a working day shall not exceed an amount equal to three hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.7. It is prohibited to redeem electronic money in favor of an unidentified owner of electronic money, as well as by transferring it to a bank account or electronic payment instrument of an individual owner of electronic money without prior confirmation of the ownership of the bank account or electronic payment instrument by such an individual.
1.3. The result of the provision of the Service to the Client under this Offer will be any of the following:
1.3.1. The issue of Electronic Money by the Bank and their sale in favor of the Client;
1.3.2. The use of Electronic Money by the Client;
1.3.3. The redemption of Electronic Money by exchanging it for cash and/or its non-cash transfer to the bank account of the Client;
1.3.4. The result of the provision of the Service to the Client will be the issue of Electronic Money by the Bank in favor of the Client and its reflection in the Client's Electronic Wallet Balance in the Operator's EMS (after deduction of the fee due to the Bank and the Operator for the provision of services (if any).
2. Service Provision Procedure
2.1. The Client deposits funds in favor of the Bank and/or the EMS Agent for the purpose of purchasing Electronic Money and replenishing the Electronic Wallet Balance by depositing funds through the Terminal, at the Bank/Agent's cash desk at the Payment Acceptance Point and/or in any other legal and accessible manner.
2.2. The receipt by the Bank of the funds deposited by the Client for the purchase of electronic money in accordance with paragraph 2.1 of the Agreement shall be confirmed by the appearance/receipt of electronic money by the Client in the Client's Electronic Wallet, and by the issue of an electronic receipt confirming the purchase of electronic money by the Client of the System.
2.3. In this case, Electronic Money is considered to be issued by the Bank into circulation from the day information on the available amount of electronic money is reflected in the Client's Electronic Wallet.
2.4. The terms of this paragraph do not apply to cases of unauthorized issue of electronic money.
2.5. Upon entry into the Agreement on the terms specified herein and upon deposit of funds by the Client in favor of the Bank and/or the ESD Agent in accordance with paragraph 2.1 hereof, the Bank assumes an unconditional and irrevocable monetary obligation to repay the Electronic Money issued by it in accordance with their nominal value in tenge, as well as to provide the Client with the Service. In order to provide the Service properly, the Bank undertakes to issue, and the Operator undertakes to reflect on the Electronic Wallet Balance, Electronic Money in the amount of funds previously deposited by the Client, after deduction of the fee due to the Bank in accordance with the Bank's tariffs (if any), but not more than the amount established by paragraph 2.1 hereof.
2.6. The rights of claim arising for the Client upon entry into the Agreement may not be transferred by the Client to third parties, except in the case of transfer of Electronic money between the parties to the settlements and/or third party individuals.
2.7. The service provided by the Bank to the Client involves the following:
2.7.1. Issue and sale of Electronic money to the Client by means of:
2.7.2. User's registration in the Service of the Electronic Wallet Operator based on the terms of this Public Offer regarding the use of the Payment Service;
2.7.3. Deposition by the User of funds in the amount equivalent to the nominal value of the acquired Electronic Money (after deduction of the Bank's fee (if any) in favor of the Bank) through the Terminals or by any other available means;
2.8. The User uses Electronic Money by means of:
2.8.1. Exchanging Electronic Money between the System Participants within the System or transferring Electronic Money by the Client to another System Participant;
2.8.2. Transferring Electronic Money by the Client to another System Participant as a payment under a civil transaction, where Electronic Money acts as a tender;
2.9. The Bank repays Electronic Money by means of:
2.9.1. transferring cash funds to the Client through the Bank's cash desk upon personal appearance at the Bank, subject to the conditions set forth in paragraph 2.7 hereof;
2.9.2. Non-cash transfer of money to the Client's account specified by the Client.
2.10. Repayment of the Client's right of claim to the Bank, arising as a result of acquisition by the Client of Electronic Money and replenishing the Electronic Wallet Balance, may be performed in one of the following manners:
2.10.1. At any time during the Term of the Agreement concluded based on the terms and conditions hereof, the Client shall submit to the Bank or another person authorized by the Bank, an Order to make Payments using Electronic Money, thereby instructing the Bank to perform the following operations:
2.10.2. Payment of the fee due to the Bank for the provision of services related to the issue and redemption of Electronic Money in accordance with Bank's tariffs (if any).
2.10.3. Making a Payment in favor of the Payment Recipient, in accordance with the details specified by the Client.
2.11. The total amount of claims presented by the Client to the Bank may not exceed the available Electronic Wallet Balance.
2.12. The Client shall be responsible for the accuracy of the information specified in the Order for making Payments using Electronic Money and, in case of erroneous data being specified in the Order for making Payments using Electronic Money, has no right to make any claims against the Bank and/or the Operator in connection with improper fulfillment by the Bank and/or the Operator of their obligations under the Agreement.
2.13. At any time during the Term of the Agreement concluded based on the terms of this Offer, the Client makes Payments using Electronic Money in favor of the Payment Recipient by transferring Electronic Money to the Payment Recipient or his legal representative (in accordance with the concluded agreement).
2.14. The Bank's obligations to the Client are considered fulfilled in full upon debiting funds in the amount of the Payment from the Bank's correspondent account in favor of the Payment Recipient in accordance with the details provided by the Client, or upon debiting Electronic money from the User's Electronic Wallet Balance in favor of another system Participant via the Operator's EMS.
2.15. Appearance/receipt by the Client of an electronic receipt in the interface of the Client's electronic wallet shall be deemed confirmation of the payment made by the Client using electronic money.
2.16. In this case, Electronic money shall be considered issued by the Bank into circulation from the moment the Operator reflects information on the available amount of electronic money in the Client's electronic wallet.
2.17. The terms of this clause do not apply to cases of unauthorized issue of electronic money.
2.18. The Client may present Electronic Money for redemption in order to receive an equal amount of cash at any time during the Term of the Agreement, upon the application of the Client owning the Electronic Money (an individual) in person to the Bank branch specified on the Bank's website and/or to the EMS Operator, and to initiate the redemption of Electronic Money upon completion of the identification procedure (presenting an identity document), taking into account the Client's confirmation of rights to the remaining Electronic Money on the Electronic Wallet Balance. Full information on the rates, conditions and procedure for redeeming Electronic Money in the form of an exchange for an equal amount of cash in nominal value is posted on the Bank's and/or the EMS Operator’s website.
2.19. If at the time of expiration of the Agreement the Electronic Wallet Balance is positive, the balance of the Electronic Wallet Balance unclaimed by the Client shall be written off to the Bank's income.
3. Rights and Obligations of the Parties
3.1. Rights and obligations of the Client:
3.1.1. The Client may access the Agreement by performing the implied actions established by clause 6.2 hereof, in order to accept the terms of this Offer and enter into the Agreement.
3.1.2. The Client may not transfer to a third party the rights of claim against the Bank that arose in connection with the acquisition of Electronic Money and replenishment of the Electronic Wallet Balance.
3.1.3. The Client is obliged to timely and fully familiarize himself with the terms and conditions of this Offer, as well as with the amendments and additions to the Agreement made by the Bank in the manner established by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof.
3.1.4. The Client hereby confirms that he/she has legal capacity, is not under guardianship, trusteeship or patronage, can independently exercise and protect his/her rights and fulfill his/her obligations due to his/her state of health, does not suffer from diseases that prevent him/her from understanding the essence of the concluded Agreement and the circumstances of its conclusion.
3.1.5. The Client shall be personally responsible for the accuracy of the information about: (i) the Payment Recipient, in whose favor the Payment is made using Electronic Money; (ii) the payment details identifying the purpose of the Payment (such as the subscriber telephone number, the number and date of the agreement between the Client and the Recipient of the Payment, other details, depending on what information is to be provided at the time of the payment); (iii) the amount of the Payment, etc. In the event of inaccuracy of the information provided, the Bank shall not be liable for the improper performance by the Client of the latter's obligations to the Payment Recipient.
3.1.6. In case of loss of the electronic medium providing access to the Electronic Wallet and/or illegal use of the Electronic Wallet by third parties, the Client is obliged to immediately notify about such a situation.
3.1.7. The Client may contact the Bank at any time during the Term of the Agreement to redeem the Electronic Money, in accordance with the terms and conditions hereof.
3.1.8. The Client may request from the Bank a report containing information on all transactions made by the Owner of Electronic Money on his/her Electronic Wallet. Such a report is provided in the form of a statement, within 3 (three) business days from the day the request is sent to the Bank via the interface of the Client's Electronic Wallet. This statement will be displayed in electronic form in the interface of the Client's Personal account.
3.2. Rights and obligations of the Bank and the EMS Operator:
3.2.1. The Bank shall undertake obligations to provide the Service under the Agreement from the day the Client performs the actions stipulated by this Offer.
3.2.2. The Bank shall issue and redeem Electronic Money, and the Operator shall carry out Payments using them in the manner and on the terms specified herein.
3.2.3. The Bank and the Operator shall fulfill the Client's demands specified in this Offer within 3 (Three) banking days from the date of their submission, if the following conditions are met:
a) the demands are made by the Client in an amount equal to the Amount of the monetary claim;
b) the demands are made by the Client within the Term of the Agreement;
b) the demands are made by the Client in an amount equal to the electronic wallet balance after deduction of the Bank's fee (if any).
3.2.4. In case of non-compliance with any of the conditions established by clause 3.2.3 hereof, the Bank, as well as the EMS Operator, may refuse to satisfy the Client's claims stated in accordance with paragraph 2.5 hereof.
3.2.5. The Bank carrying out operations related to the issue of Electronic money and their redemption, and the Operator, making payments using Electronic money, is obliged to follow the applicable legislation of the Republic of Kazakhstan, regulatory documents of the National Bank of the Republic of Kazakhstan and internal Rules.
3.2.6. The Bank and the Operator may charge the Client a fee for the issue, use and redemption of Electronic money in accordance with the tariffs.
3.2.7. The Bank bears obligations to the Client related to the issue and redemption of Electronic money by the Client, and the Operator shall be responsible for making relevant payments, and assuming an unconditional and irrevocable monetary obligation to redeem the Electronic money issued by the Bank in accordance with their nominal value in tenge. The terms of this paragraph do not apply in cases of unauthorized issue of electronic money.
3.2.8. In case of failure to make a Payment in favor of the Payment Recipient for reasons beyond the reasonable control of the Bank and/or the Operator, including in case of provision of incorrect information by the Client, the Bank and/or the Operator shall notify the Client by posting the relevant information in the personal account, in the relevant section of the web interface of the Client's Electronic Wallet.
3.2.9. The Operator shall be entitled to make changes and additions hereto in the manner established by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof, including upon the Bank’s order.
3.2.10. The Bank and the Operator are obliged to ensure the confidentiality of any information received from the Client within the framework of the Agreement.
3.2.11. The Bank/Operator shall be entitled to block the Client from making Payments using Electronic Money in the following cases:
a) receipt of corresponding notification from the Client;
b) Client’s failure to fulfill its obligations stipulated by this Offer;
c) making Payments by the Client in violation of the established Electronic Money usage requirements and conditions;
d) seizure of the Client's Electronic Money by authorized bodies on the grounds stipulated by the legislative acts of the Republic of Kazakhstan.
3.2.12. The Bank may stop issuing electronic money in case of their unauthorized issue, notifying the Users/Clients of this fact in advance within 3 (three) business days by publishing an announcement on the Bank's website. In this case, all electronic money issued (unauthorized) after the expiration of the specified period will not be accepted for redemption by the Bank.
4. Responsibilities of the Parties.
4.1. In case of failure to fulfill and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer and the applicable legislation of the Republic of Kazakhstan.
4.2. The Bank/Operator shall not be liable for failure to fulfill and/or improper fulfillment of obligations under the Agreement, if such failure to fulfill and/or improper fulfillment occurred due to the fault of the Client and/or other Settlement Participants.
4.3. The Bank/Operator shall not be liable for improper fulfillment of obligations under the Agreement, if such improper fulfillment is associated with the Client indicating erroneous data in the Order for making Payments using Electronic Money.
4.4. The Bank/Operator shall not be liable for the quality, completeness, or other consumer properties of goods (works, services) paid for by the Client using Electronic Money, or for the fulfillment by the Payment Recipient of obligations to the Client, the Payment for which was made by the latter using Electronic Money.
4.5. The Bank/Operator shall not be liable for the Client's failure to comply with the requirements of this Offer and the Rules regarding the execution of Payments.
4.6. The Bank/Operator shall not be liable for the Client's improper fulfillment of the latter's obligations to the Payment Recipient, in the event of inaccuracy of the information provided by the Client.
4.7. The Bank/Operator shall not be liable for any losses incurred by the Client due to the fact that the Client has not read and/or has not read in a timely manner the terms and conditions hereof and/or the amendments and additions made by the Bank to the Agreement in the manner prescribed by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof.
4.8. The Bank/Operator shall not be liable to the User/Client for the unauthorized issue of electronic money, subject to compliance with the requirements of this Offer.
5. Supplementary Conditions
5.1. The relationship between the Parties within the framework of the Agreement is governed by the applicable legislation of the Republic of Kazakhstan, internal documents of the Bank and the EMS Operator, the Agreement, as well as additions and amendments thereto.
5.2. The Bank, or another person authorized by the Bank in accordance with the agreement concluded between them, shall accept for consideration the requests of Clients/Owners of Electronic Money regarding the use of Electronic Money and, following the consideration, provides corresponding clarifications.
5.3. All disputes and disagreements arising between the Parties and other Participants of the system shall be resolved through negotiations. In case of failure to reach an agreement, the procedure for resolving disputes arising during the execution of Payments using Electronic Money is held by judicial authorities in accordance with the legislation of the Republic of Kazakhstan.
5.4. The Bank/Operator provides the Client with all necessary public information by posting it on the Bank’s/Operator’s website, and considers issues and claims related to Payments using Electronic Money.
5.5. By concluding the Agreement under the terms and conditions hereof, the Client gives consent to the processing of his/her personal data by the Bank/Operator, including, but not limited to the following actions: collection, systematization, accumulation, storage, clarification (update, modification), use, distribution (including transfer), depersonalization, blocking, and destruction for the purpose of concluding agreements with the Bank/Operator, executing concluded agreements, as well as for the purpose of fulfilling the requirements of regulatory acts against legalization of money obtained by criminal means. The specified actions may be performed using automated tools.
5.6. The Client also gives consent to submit, for the purpose of performing the actions provided for in this clause by the Bank/Operator, his/her personal data and data on transactions performed using Electronic Money, to third parties, subject to the existence of a duly agreement between the Bank and/or the Operator and such third parties.
5.7. The Bank/Operator, when processing the Client's personal data, undertakes to fully comply with the requirements of the legislation of the Republic of Kazakhstan.
5.8. By concluding the Agreement under the terms and conditions hereof, the Client grants the Bank/Operator the right to make voice calls, and gives consent to receive from the Bank/Operator, as well as other authorized persons in accordance with the agreement concluded between them, SMS messages to the Subscriber number specified by the Client when registering the Electronic Wallet, for the following purposes:
a) increasing the level of security when making Payments using Electronic Money;
b) sending information requests for confirmation of Payments made using Electronic Money;
c) sending the Client information on the status of the Payment made using Electronic Money;
d) sending the Client additional information on behalf of the Payment Recipient, in whose favor the Payment was made using Electronic Money;
d) sending the Client information about other services provided by the Bank/Operator, within the limits of the license granted to it for carrying out banking operations and the Operator's accounting registration in accordance with the legislation of the Republic of Kazakhstan, including promotions, introduction of new products, etc.
5.9. By concluding the Agreement under the terms and conditions hereof, the Client confirms that he/she has read and understood the terms of this Offer.
5.10. The Rules are an integral part of this Offer. The current version of the Rules is posted on the Operator's website.
6. Procedure for Conclusion, Amendment and Termination of the Agreement.
6.1. The Client's performance of the actions stipulated by paragraph 6.2 hereof shall be deemed as full and unconditional acceptance by the Client of all the terms and conditions of this Offer without exception and the Agreement concluded between the Client and the Operator on the terms and conditions of this Offer.
6.2. The Agreement shall be deemed to be concluded based on the terms and conditions of this Offer (paragraph 6.1 hereof) from the moment the Client performs the actions specified in paragraph 2.1 hereof. Confirmation of the funds deposition shall be the payment document received by the Client at the time the funds have been deposited.
6.3. The Agreement shall enter into force on the date the Client performs the actions described in paragraph 6.2 hereof and shall remain valid for 11 months from the date the Client makes the last Payment via the Electronic Wallet.
6.4. The Client agrees that the Operator may unilaterally, at any time, without additional written notice to the Client, make changes or additions to the Agreement and the Appendices thereto, including the procedure and conditions for replenishing the Electronic Wallet Balance, as well as the procedure for carrying out transactions, restrictions on the amounts and types of transactions. The specified changes or additions to the Agreement shall enter into force within 10 (ten) business days after publication of the new version of the specified changes on the Operator's website.
6.5. If one or more provisions of the Agreement are or become invalid due to changes in the applicable legislation of the Republic of Kazakhstan, this shall not become reason for suspending the remaining provisions of the Agreement. Invalid provisions must be replaced with provisions that are legally permissible and close in meaning to those being replaced.
6.6. Upon expiration of the Agreement, the Agreement shall be considered terminated automatically.
7. Name and Location of the Issuer Bank:
Bank Freedom Finance Kazakhstan JSC, legal address: Nur-Sultan, Yesil District, D. Kunayev Street 10, 28th floor
8. Policy of the EMS Operator in the field of processing and ensuring the security of personal data
8.1. The System Operator, as part of its core business, shall process various categories of personal data of the personal data subjects.
In accordance with the applicable legislation of the Republic of Kazakhstan, the Operator acts as the operator of personal data. When organizing and processing personal data, the Operator is guided by the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On personal data and their protection" and other regulatory legal acts adopted in accordance therewith. For the purposes of this Policy, personal data means any information provided to the Operator through websites and (or) collected using such websites, related to a directly or indirectly determined or determinable individual (personal data subject).
8.2 Collection of personal data
8.2.1. The Operator shall collect information through websites in the following manners:
• Personal data provided by users:
The Operator shall collect personal data entered into data fields on the Operator's websites by users themselves or by other persons on their behalf.
• Passive collection of personal data about the active connection in terms of statistical information:
— user ID assigned by the website;
— pages visited;
— number of page visits;
— information about navigation through the website pages;
— duration of the user session;
— entry points (third-party websites from which the user follows a link to the Website);
— exit points (links on the Website from which the user follows to third-party websites);
— user country;
— user region;
— time zone set on the user's device;
— user provider;
— user browser;
— browser canvas fingerprint;
— available browser fonts;
— installed browser plugins;
— WebGL parameters of browser;
— type of media devices available in the browser;
— availability of ActiveX;
— list of supported languages on the user's device;
— architecture of the user's device processor;
— user's OS;
— screen parameters (resolution, color depth, page placement parameters);
— information on the use of automation tools when accessing the Website.
8.2.2. In relation to registered users of the Website, information on the use of ports on users' devices may be collected in order to identify suspicious activity and protect users' personal accounts. Data can be obtained using various methods, such as cookies, file web beacons, etc.
8.2.3. The Operator may use third-party Internet services (third-party technologies) to organize the collection of statistical personal data; third-party Internet services ensure the storage of the received data on their own servers. The Operator shall not be responsible for the localization of third-party Internet service servers. At the same time, such third-party Internet services (third-party technologies) installed on the Website and used by the Operator may install and read cookie files of the end-users' browsers of the Website in order to collect information in the course of advertising activities on the Website. The procedure for collecting and using data collected by such third-party Internet services (third-party technologies) shall be determined independently by these third-party Internet services, and they are directly responsible for compliance with this procedure and the use of the data they collect, moreover, these third-party Internet services shall be responsible for and ensure compliance with the requirements of applicable legislation, including the legislation on personal data of the Republic of Kazakhstan.
8.2.4. The Operator does not compare information provided by the user independently and allowing identification of the personal data subject with statistical personal data obtained in the course of applying such passive data collection methods.
8.3. Personal data processing principles and conditions:
8.3.1. The Operator processes personal data on a legal and fair basis and is limited to achieving specific, predetermined and legitimate goals.
8.3.2. Only personal data that meet the purposes of their processing are subject to processing. The content and scope of personal data processed by the Operator correspond to the declared processing purposes; backup of processed personal data is not allowed.
8.3.3. When processing personal data, the Operator ensures the sufficiency of personal data and, where necessary, relevance in relation to the purposes of personal data processing. The Operator shall take the measures (ensures their adoption) necessary to delete or clarify incomplete or inaccurate personal data.
8.3.4. In the course of its activities, the Operator may provide and (or) entrust the processing of personal data to another person with the consent of the personal data subject, unless otherwise provided by the legislation of the Republic of Kazakhstan regarding personal data. In this case, to maintain confidentiality and ensure the security of personal data during their processing, the parties shall be responsible for the provision and (or) entrustment of the personal data processing to another person.
8.3.5. The personal data processing periods are determined in accordance with the purposes for which they were collected.
8.4. Rights of the personal data subject
8.4.1. The personal data subjects shall be entitled to:
• demand clarification of their personal data, their blocking or destruction if the personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect their rights;
• demand a list of their personal data processed by the Operator and their source;
• receive information on their personal data processing periods, including the storage periods;
• demand notification of all persons who were previously provided with incorrect or incomplete personal data about all exceptions, corrections or additions made thereto;
• appeal to the authorized body for the protection of rights of personal data subjects or in court against illegal actions or inactions during their personal data processing;
• protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral damages in court.
8.4.2. If you have any questions about the nature of the application, use, change or deletion of your personal data that you have provided, or if you want to refuse further data processing by the Operator, please contact us by mail, at the Operator's address or by e-mail: info@freedompay.money
8.4.3. Please note that the personal data operator is not responsible for validity of information provided by the personal data subject.
8.5. Implementation of personal data protection requirements
8.5.1. In order to maintain business reputation and ensure compliance with the requirements of the legislation of the Republic of Kazakhstan, the Operator considers the ensuring the legitimacy of personal data processing in the Operator's business processes and ensuring an appropriate level of security for the personal data processed by the Operator as most important tasks.
8.5.2. The operator requires other persons who have received access to personal data avoid disclosure or distribution of personal data without the consent of the personal data subject, unless otherwise provided by the legislation of the Republic of Kazakhstan.
8.5.3. In order to ensure the security of personal data during their processing, the Operator shall take the necessary and sufficient legal, organizational and technical measures to protect personal data against unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as against other illegal actions in relation thereto.
8.5.4. The Operator shall ensure that all measures implemented by them for the organizational and technical protection of personal data are based on legal grounds and in accordance with the requirements of the legislation of the Republic of Kazakhstan on the personal data processing.
8.5.5. In order to ensure adequate protection of personal data, the Operator shall assess the harm that may be caused to personal data subjects in the event of a breach of the security of their personal data, and determine the current threats to the security of personal data when processing them in personal data information systems.
8.5.6. In accordance with the identified current threats, the Operator shall apply the necessary and sufficient legal, organizational and technical measures to ensure the security of personal data, including the use of information security tools, detection of cases of unauthorized access to personal data and taking various measures, restoration of personal data, restriction of access to personal data, registration and accounting of actions taken with personal data, as well as monitoring and evaluation of the effectiveness of the measures taken to ensure the security of personal data.
8.5.7. The Operator's management understands the importance and necessity of personal data security and encourages continuous improvement of the personal data protection system within the framework of the Operator's core business.
8.5.8. The Operator appointed persons responsible for processing and ensuring the security of personal data.
8.5.9. Each new employee of the Operator directly involved in the processing of personal data becomes familiar with the requirements of the legislation of the Republic of Kazakhstan on the processing and ensuring the security of personal data, this Policy and other local acts of the Operator related to the processing and ensuring the security of personal data and undertakes to comply with them.
8.6. Consent of the personal data subject
8.6.1. The Client as the personal data subject hereby gives consent to the collection and processing of personal data for the provision of services by the Operator, as well as to the transfer and cross-border transfer of personal data of the personal data subject in accordance with the governing legislation.
1.1. The subject of this Agreement concluded with the Client by accession hereto through the performance of implicative actions provided for by this Offer is the provision by the EMS Operator to the Client of the Service for the sale of Electronic Money to the latter and the execution of non-cash payments using the EMS under the Agreement.
1.2. In order for the Operator to properly provide the Service under the Agreement, the Client replenishes the Electronic Wallet Balance and performs relevant transactions within the EMS in accordance with the following conditions:
1.2.1. The maximum amount of one transaction performed by an unidentified individual owner of electronic money shall not exceed an amount equal to fifty times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.2. The maximum amount of one transaction performed by a simplified identified individual owner of electronic money shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.3. The maximum amount of electronic money stored on one electronic device of an unidentified individual owner of electronic money shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.4. The maximum amount of electronic money stored in the electronic wallet of a simplified identified individual owner of electronic money shall not exceed an amount equal to three hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.5. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of an unidentified individual owner of electronic money during a working day shall not exceed an amount equal to one hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.6. The total amount of payments and (or) other transactions using electronic money from the electronic wallet of a simplified identified individual owner of electronic money to the electronic wallet of an identified or simplified identified individual owner of electronic money during a working day shall not exceed an amount equal to three hundred times the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
1.2.7. It is prohibited to redeem electronic money in favor of an unidentified owner of electronic money, as well as by transferring it to a bank account or electronic payment instrument of an individual owner of electronic money without prior confirmation of the ownership of the bank account or electronic payment instrument by such an individual.
1.3. The result of the provision of the Service to the Client under this Offer will be any of the following:
1.3.1. The issue of Electronic Money by the Bank and their sale in favor of the Client;
1.3.2. The use of Electronic Money by the Client;
1.3.3. The redemption of Electronic Money by exchanging it for cash and/or its non-cash transfer to the bank account of the Client;
1.3.4. The result of the provision of the Service to the Client will be the issue of Electronic Money by the Bank in favor of the Client and its reflection in the Client's Electronic Wallet Balance in the Operator's EMS (after deduction of the fee due to the Bank and the Operator for the provision of services (if any).
2. Service Provision Procedure
2.1. The Client deposits funds in favor of the Bank and/or the EMS Agent for the purpose of purchasing Electronic Money and replenishing the Electronic Wallet Balance by depositing funds through the Terminal, at the Bank/Agent's cash desk at the Payment Acceptance Point and/or in any other legal and accessible manner.
2.2. The receipt by the Bank of the funds deposited by the Client for the purchase of electronic money in accordance with paragraph 2.1 of the Agreement shall be confirmed by the appearance/receipt of electronic money by the Client in the Client's Electronic Wallet, and by the issue of an electronic receipt confirming the purchase of electronic money by the Client of the System.
2.3. In this case, Electronic Money is considered to be issued by the Bank into circulation from the day information on the available amount of electronic money is reflected in the Client's Electronic Wallet.
2.4. The terms of this paragraph do not apply to cases of unauthorized issue of electronic money.
2.5. Upon entry into the Agreement on the terms specified herein and upon deposit of funds by the Client in favor of the Bank and/or the ESD Agent in accordance with paragraph 2.1 hereof, the Bank assumes an unconditional and irrevocable monetary obligation to repay the Electronic Money issued by it in accordance with their nominal value in tenge, as well as to provide the Client with the Service. In order to provide the Service properly, the Bank undertakes to issue, and the Operator undertakes to reflect on the Electronic Wallet Balance, Electronic Money in the amount of funds previously deposited by the Client, after deduction of the fee due to the Bank in accordance with the Bank's tariffs (if any), but not more than the amount established by paragraph 2.1 hereof.
2.6. The rights of claim arising for the Client upon entry into the Agreement may not be transferred by the Client to third parties, except in the case of transfer of Electronic money between the parties to the settlements and/or third party individuals.
2.7. The service provided by the Bank to the Client involves the following:
2.7.1. Issue and sale of Electronic money to the Client by means of:
2.7.2. User's registration in the Service of the Electronic Wallet Operator based on the terms of this Public Offer regarding the use of the Payment Service;
2.7.3. Deposition by the User of funds in the amount equivalent to the nominal value of the acquired Electronic Money (after deduction of the Bank's fee (if any) in favor of the Bank) through the Terminals or by any other available means;
2.8. The User uses Electronic Money by means of:
2.8.1. Exchanging Electronic Money between the System Participants within the System or transferring Electronic Money by the Client to another System Participant;
2.8.2. Transferring Electronic Money by the Client to another System Participant as a payment under a civil transaction, where Electronic Money acts as a tender;
2.9. The Bank repays Electronic Money by means of:
2.9.1. transferring cash funds to the Client through the Bank's cash desk upon personal appearance at the Bank, subject to the conditions set forth in paragraph 2.7 hereof;
2.9.2. Non-cash transfer of money to the Client's account specified by the Client.
2.10. Repayment of the Client's right of claim to the Bank, arising as a result of acquisition by the Client of Electronic Money and replenishing the Electronic Wallet Balance, may be performed in one of the following manners:
2.10.1. At any time during the Term of the Agreement concluded based on the terms and conditions hereof, the Client shall submit to the Bank or another person authorized by the Bank, an Order to make Payments using Electronic Money, thereby instructing the Bank to perform the following operations:
2.10.2. Payment of the fee due to the Bank for the provision of services related to the issue and redemption of Electronic Money in accordance with Bank's tariffs (if any).
2.10.3. Making a Payment in favor of the Payment Recipient, in accordance with the details specified by the Client.
2.11. The total amount of claims presented by the Client to the Bank may not exceed the available Electronic Wallet Balance.
2.12. The Client shall be responsible for the accuracy of the information specified in the Order for making Payments using Electronic Money and, in case of erroneous data being specified in the Order for making Payments using Electronic Money, has no right to make any claims against the Bank and/or the Operator in connection with improper fulfillment by the Bank and/or the Operator of their obligations under the Agreement.
2.13. At any time during the Term of the Agreement concluded based on the terms of this Offer, the Client makes Payments using Electronic Money in favor of the Payment Recipient by transferring Electronic Money to the Payment Recipient or his legal representative (in accordance with the concluded agreement).
2.14. The Bank's obligations to the Client are considered fulfilled in full upon debiting funds in the amount of the Payment from the Bank's correspondent account in favor of the Payment Recipient in accordance with the details provided by the Client, or upon debiting Electronic money from the User's Electronic Wallet Balance in favor of another system Participant via the Operator's EMS.
2.15. Appearance/receipt by the Client of an electronic receipt in the interface of the Client's electronic wallet shall be deemed confirmation of the payment made by the Client using electronic money.
2.16. In this case, Electronic money shall be considered issued by the Bank into circulation from the moment the Operator reflects information on the available amount of electronic money in the Client's electronic wallet.
2.17. The terms of this clause do not apply to cases of unauthorized issue of electronic money.
2.18. The Client may present Electronic Money for redemption in order to receive an equal amount of cash at any time during the Term of the Agreement, upon the application of the Client owning the Electronic Money (an individual) in person to the Bank branch specified on the Bank's website and/or to the EMS Operator, and to initiate the redemption of Electronic Money upon completion of the identification procedure (presenting an identity document), taking into account the Client's confirmation of rights to the remaining Electronic Money on the Electronic Wallet Balance. Full information on the rates, conditions and procedure for redeeming Electronic Money in the form of an exchange for an equal amount of cash in nominal value is posted on the Bank's and/or the EMS Operator’s website.
2.19. If at the time of expiration of the Agreement the Electronic Wallet Balance is positive, the balance of the Electronic Wallet Balance unclaimed by the Client shall be written off to the Bank's income.
3. Rights and Obligations of the Parties
3.1. Rights and obligations of the Client:
3.1.1. The Client may access the Agreement by performing the implied actions established by clause 6.2 hereof, in order to accept the terms of this Offer and enter into the Agreement.
3.1.2. The Client may not transfer to a third party the rights of claim against the Bank that arose in connection with the acquisition of Electronic Money and replenishment of the Electronic Wallet Balance.
3.1.3. The Client is obliged to timely and fully familiarize himself with the terms and conditions of this Offer, as well as with the amendments and additions to the Agreement made by the Bank in the manner established by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof.
3.1.4. The Client hereby confirms that he/she has legal capacity, is not under guardianship, trusteeship or patronage, can independently exercise and protect his/her rights and fulfill his/her obligations due to his/her state of health, does not suffer from diseases that prevent him/her from understanding the essence of the concluded Agreement and the circumstances of its conclusion.
3.1.5. The Client shall be personally responsible for the accuracy of the information about: (i) the Payment Recipient, in whose favor the Payment is made using Electronic Money; (ii) the payment details identifying the purpose of the Payment (such as the subscriber telephone number, the number and date of the agreement between the Client and the Recipient of the Payment, other details, depending on what information is to be provided at the time of the payment); (iii) the amount of the Payment, etc. In the event of inaccuracy of the information provided, the Bank shall not be liable for the improper performance by the Client of the latter's obligations to the Payment Recipient.
3.1.6. In case of loss of the electronic medium providing access to the Electronic Wallet and/or illegal use of the Electronic Wallet by third parties, the Client is obliged to immediately notify about such a situation.
3.1.7. The Client may contact the Bank at any time during the Term of the Agreement to redeem the Electronic Money, in accordance with the terms and conditions hereof.
3.1.8. The Client may request from the Bank a report containing information on all transactions made by the Owner of Electronic Money on his/her Electronic Wallet. Such a report is provided in the form of a statement, within 3 (three) business days from the day the request is sent to the Bank via the interface of the Client's Electronic Wallet. This statement will be displayed in electronic form in the interface of the Client's Personal account.
3.2. Rights and obligations of the Bank and the EMS Operator:
3.2.1. The Bank shall undertake obligations to provide the Service under the Agreement from the day the Client performs the actions stipulated by this Offer.
3.2.2. The Bank shall issue and redeem Electronic Money, and the Operator shall carry out Payments using them in the manner and on the terms specified herein.
3.2.3. The Bank and the Operator shall fulfill the Client's demands specified in this Offer within 3 (Three) banking days from the date of their submission, if the following conditions are met:
a) the demands are made by the Client in an amount equal to the Amount of the monetary claim;
b) the demands are made by the Client within the Term of the Agreement;
b) the demands are made by the Client in an amount equal to the electronic wallet balance after deduction of the Bank's fee (if any).
3.2.4. In case of non-compliance with any of the conditions established by clause 3.2.3 hereof, the Bank, as well as the EMS Operator, may refuse to satisfy the Client's claims stated in accordance with paragraph 2.5 hereof.
3.2.5. The Bank carrying out operations related to the issue of Electronic money and their redemption, and the Operator, making payments using Electronic money, is obliged to follow the applicable legislation of the Republic of Kazakhstan, regulatory documents of the National Bank of the Republic of Kazakhstan and internal Rules.
3.2.6. The Bank and the Operator may charge the Client a fee for the issue, use and redemption of Electronic money in accordance with the tariffs.
3.2.7. The Bank bears obligations to the Client related to the issue and redemption of Electronic money by the Client, and the Operator shall be responsible for making relevant payments, and assuming an unconditional and irrevocable monetary obligation to redeem the Electronic money issued by the Bank in accordance with their nominal value in tenge. The terms of this paragraph do not apply in cases of unauthorized issue of electronic money.
3.2.8. In case of failure to make a Payment in favor of the Payment Recipient for reasons beyond the reasonable control of the Bank and/or the Operator, including in case of provision of incorrect information by the Client, the Bank and/or the Operator shall notify the Client by posting the relevant information in the personal account, in the relevant section of the web interface of the Client's Electronic Wallet.
3.2.9. The Operator shall be entitled to make changes and additions hereto in the manner established by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof, including upon the Bank’s order.
3.2.10. The Bank and the Operator are obliged to ensure the confidentiality of any information received from the Client within the framework of the Agreement.
3.2.11. The Bank/Operator shall be entitled to block the Client from making Payments using Electronic Money in the following cases:
a) receipt of corresponding notification from the Client;
b) Client’s failure to fulfill its obligations stipulated by this Offer;
c) making Payments by the Client in violation of the established Electronic Money usage requirements and conditions;
d) seizure of the Client's Electronic Money by authorized bodies on the grounds stipulated by the legislative acts of the Republic of Kazakhstan.
3.2.12. The Bank may stop issuing electronic money in case of their unauthorized issue, notifying the Users/Clients of this fact in advance within 3 (three) business days by publishing an announcement on the Bank's website. In this case, all electronic money issued (unauthorized) after the expiration of the specified period will not be accepted for redemption by the Bank.
4. Responsibilities of the Parties.
4.1. In case of failure to fulfill and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer and the applicable legislation of the Republic of Kazakhstan.
4.2. The Bank/Operator shall not be liable for failure to fulfill and/or improper fulfillment of obligations under the Agreement, if such failure to fulfill and/or improper fulfillment occurred due to the fault of the Client and/or other Settlement Participants.
4.3. The Bank/Operator shall not be liable for improper fulfillment of obligations under the Agreement, if such improper fulfillment is associated with the Client indicating erroneous data in the Order for making Payments using Electronic Money.
4.4. The Bank/Operator shall not be liable for the quality, completeness, or other consumer properties of goods (works, services) paid for by the Client using Electronic Money, or for the fulfillment by the Payment Recipient of obligations to the Client, the Payment for which was made by the latter using Electronic Money.
4.5. The Bank/Operator shall not be liable for the Client's failure to comply with the requirements of this Offer and the Rules regarding the execution of Payments.
4.6. The Bank/Operator shall not be liable for the Client's improper fulfillment of the latter's obligations to the Payment Recipient, in the event of inaccuracy of the information provided by the Client.
4.7. The Bank/Operator shall not be liable for any losses incurred by the Client due to the fact that the Client has not read and/or has not read in a timely manner the terms and conditions hereof and/or the amendments and additions made by the Bank to the Agreement in the manner prescribed by Article 6 "Procedure for Conclusion, Amendment and Termination of the Agreement" hereof.
4.8. The Bank/Operator shall not be liable to the User/Client for the unauthorized issue of electronic money, subject to compliance with the requirements of this Offer.
5. Supplementary Conditions
5.1. The relationship between the Parties within the framework of the Agreement is governed by the applicable legislation of the Republic of Kazakhstan, internal documents of the Bank and the EMS Operator, the Agreement, as well as additions and amendments thereto.
5.2. The Bank, or another person authorized by the Bank in accordance with the agreement concluded between them, shall accept for consideration the requests of Clients/Owners of Electronic Money regarding the use of Electronic Money and, following the consideration, provides corresponding clarifications.
5.3. All disputes and disagreements arising between the Parties and other Participants of the system shall be resolved through negotiations. In case of failure to reach an agreement, the procedure for resolving disputes arising during the execution of Payments using Electronic Money is held by judicial authorities in accordance with the legislation of the Republic of Kazakhstan.
5.4. The Bank/Operator provides the Client with all necessary public information by posting it on the Bank’s/Operator’s website, and considers issues and claims related to Payments using Electronic Money.
5.5. By concluding the Agreement under the terms and conditions hereof, the Client gives consent to the processing of his/her personal data by the Bank/Operator, including, but not limited to the following actions: collection, systematization, accumulation, storage, clarification (update, modification), use, distribution (including transfer), depersonalization, blocking, and destruction for the purpose of concluding agreements with the Bank/Operator, executing concluded agreements, as well as for the purpose of fulfilling the requirements of regulatory acts against legalization of money obtained by criminal means. The specified actions may be performed using automated tools.
5.6. The Client also gives consent to submit, for the purpose of performing the actions provided for in this clause by the Bank/Operator, his/her personal data and data on transactions performed using Electronic Money, to third parties, subject to the existence of a duly agreement between the Bank and/or the Operator and such third parties.
5.7. The Bank/Operator, when processing the Client's personal data, undertakes to fully comply with the requirements of the legislation of the Republic of Kazakhstan.
5.8. By concluding the Agreement under the terms and conditions hereof, the Client grants the Bank/Operator the right to make voice calls, and gives consent to receive from the Bank/Operator, as well as other authorized persons in accordance with the agreement concluded between them, SMS messages to the Subscriber number specified by the Client when registering the Electronic Wallet, for the following purposes:
a) increasing the level of security when making Payments using Electronic Money;
b) sending information requests for confirmation of Payments made using Electronic Money;
c) sending the Client information on the status of the Payment made using Electronic Money;
d) sending the Client additional information on behalf of the Payment Recipient, in whose favor the Payment was made using Electronic Money;
d) sending the Client information about other services provided by the Bank/Operator, within the limits of the license granted to it for carrying out banking operations and the Operator's accounting registration in accordance with the legislation of the Republic of Kazakhstan, including promotions, introduction of new products, etc.
5.9. By concluding the Agreement under the terms and conditions hereof, the Client confirms that he/she has read and understood the terms of this Offer.
5.10. The Rules are an integral part of this Offer. The current version of the Rules is posted on the Operator's website.
6. Procedure for Conclusion, Amendment and Termination of the Agreement.
6.1. The Client's performance of the actions stipulated by paragraph 6.2 hereof shall be deemed as full and unconditional acceptance by the Client of all the terms and conditions of this Offer without exception and the Agreement concluded between the Client and the Operator on the terms and conditions of this Offer.
6.2. The Agreement shall be deemed to be concluded based on the terms and conditions of this Offer (paragraph 6.1 hereof) from the moment the Client performs the actions specified in paragraph 2.1 hereof. Confirmation of the funds deposition shall be the payment document received by the Client at the time the funds have been deposited.
6.3. The Agreement shall enter into force on the date the Client performs the actions described in paragraph 6.2 hereof and shall remain valid for 11 months from the date the Client makes the last Payment via the Electronic Wallet.
6.4. The Client agrees that the Operator may unilaterally, at any time, without additional written notice to the Client, make changes or additions to the Agreement and the Appendices thereto, including the procedure and conditions for replenishing the Electronic Wallet Balance, as well as the procedure for carrying out transactions, restrictions on the amounts and types of transactions. The specified changes or additions to the Agreement shall enter into force within 10 (ten) business days after publication of the new version of the specified changes on the Operator's website.
6.5. If one or more provisions of the Agreement are or become invalid due to changes in the applicable legislation of the Republic of Kazakhstan, this shall not become reason for suspending the remaining provisions of the Agreement. Invalid provisions must be replaced with provisions that are legally permissible and close in meaning to those being replaced.
6.6. Upon expiration of the Agreement, the Agreement shall be considered terminated automatically.
7. Name and Location of the Issuer Bank:
Bank Freedom Finance Kazakhstan JSC, legal address: Nur-Sultan, Yesil District, D. Kunayev Street 10, 28th floor
8. Policy of the EMS Operator in the field of processing and ensuring the security of personal data
8.1. The System Operator, as part of its core business, shall process various categories of personal data of the personal data subjects.
In accordance with the applicable legislation of the Republic of Kazakhstan, the Operator acts as the operator of personal data. When organizing and processing personal data, the Operator is guided by the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On personal data and their protection" and other regulatory legal acts adopted in accordance therewith. For the purposes of this Policy, personal data means any information provided to the Operator through websites and (or) collected using such websites, related to a directly or indirectly determined or determinable individual (personal data subject).
8.2 Collection of personal data
8.2.1. The Operator shall collect information through websites in the following manners:
• Personal data provided by users:
The Operator shall collect personal data entered into data fields on the Operator's websites by users themselves or by other persons on their behalf.
• Passive collection of personal data about the active connection in terms of statistical information:
— user ID assigned by the website;
— pages visited;
— number of page visits;
— information about navigation through the website pages;
— duration of the user session;
— entry points (third-party websites from which the user follows a link to the Website);
— exit points (links on the Website from which the user follows to third-party websites);
— user country;
— user region;
— time zone set on the user's device;
— user provider;
— user browser;
— browser canvas fingerprint;
— available browser fonts;
— installed browser plugins;
— WebGL parameters of browser;
— type of media devices available in the browser;
— availability of ActiveX;
— list of supported languages on the user's device;
— architecture of the user's device processor;
— user's OS;
— screen parameters (resolution, color depth, page placement parameters);
— information on the use of automation tools when accessing the Website.
8.2.2. In relation to registered users of the Website, information on the use of ports on users' devices may be collected in order to identify suspicious activity and protect users' personal accounts. Data can be obtained using various methods, such as cookies, file web beacons, etc.
8.2.3. The Operator may use third-party Internet services (third-party technologies) to organize the collection of statistical personal data; third-party Internet services ensure the storage of the received data on their own servers. The Operator shall not be responsible for the localization of third-party Internet service servers. At the same time, such third-party Internet services (third-party technologies) installed on the Website and used by the Operator may install and read cookie files of the end-users' browsers of the Website in order to collect information in the course of advertising activities on the Website. The procedure for collecting and using data collected by such third-party Internet services (third-party technologies) shall be determined independently by these third-party Internet services, and they are directly responsible for compliance with this procedure and the use of the data they collect, moreover, these third-party Internet services shall be responsible for and ensure compliance with the requirements of applicable legislation, including the legislation on personal data of the Republic of Kazakhstan.
8.2.4. The Operator does not compare information provided by the user independently and allowing identification of the personal data subject with statistical personal data obtained in the course of applying such passive data collection methods.
8.3. Personal data processing principles and conditions:
8.3.1. The Operator processes personal data on a legal and fair basis and is limited to achieving specific, predetermined and legitimate goals.
8.3.2. Only personal data that meet the purposes of their processing are subject to processing. The content and scope of personal data processed by the Operator correspond to the declared processing purposes; backup of processed personal data is not allowed.
8.3.3. When processing personal data, the Operator ensures the sufficiency of personal data and, where necessary, relevance in relation to the purposes of personal data processing. The Operator shall take the measures (ensures their adoption) necessary to delete or clarify incomplete or inaccurate personal data.
8.3.4. In the course of its activities, the Operator may provide and (or) entrust the processing of personal data to another person with the consent of the personal data subject, unless otherwise provided by the legislation of the Republic of Kazakhstan regarding personal data. In this case, to maintain confidentiality and ensure the security of personal data during their processing, the parties shall be responsible for the provision and (or) entrustment of the personal data processing to another person.
8.3.5. The personal data processing periods are determined in accordance with the purposes for which they were collected.
8.4. Rights of the personal data subject
8.4.1. The personal data subjects shall be entitled to:
• demand clarification of their personal data, their blocking or destruction if the personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect their rights;
• demand a list of their personal data processed by the Operator and their source;
• receive information on their personal data processing periods, including the storage periods;
• demand notification of all persons who were previously provided with incorrect or incomplete personal data about all exceptions, corrections or additions made thereto;
• appeal to the authorized body for the protection of rights of personal data subjects or in court against illegal actions or inactions during their personal data processing;
• protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral damages in court.
8.4.2. If you have any questions about the nature of the application, use, change or deletion of your personal data that you have provided, or if you want to refuse further data processing by the Operator, please contact us by mail, at the Operator's address or by e-mail: info@freedompay.money
8.4.3. Please note that the personal data operator is not responsible for validity of information provided by the personal data subject.
8.5. Implementation of personal data protection requirements
8.5.1. In order to maintain business reputation and ensure compliance with the requirements of the legislation of the Republic of Kazakhstan, the Operator considers the ensuring the legitimacy of personal data processing in the Operator's business processes and ensuring an appropriate level of security for the personal data processed by the Operator as most important tasks.
8.5.2. The operator requires other persons who have received access to personal data avoid disclosure or distribution of personal data without the consent of the personal data subject, unless otherwise provided by the legislation of the Republic of Kazakhstan.
8.5.3. In order to ensure the security of personal data during their processing, the Operator shall take the necessary and sufficient legal, organizational and technical measures to protect personal data against unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as against other illegal actions in relation thereto.
8.5.4. The Operator shall ensure that all measures implemented by them for the organizational and technical protection of personal data are based on legal grounds and in accordance with the requirements of the legislation of the Republic of Kazakhstan on the personal data processing.
8.5.5. In order to ensure adequate protection of personal data, the Operator shall assess the harm that may be caused to personal data subjects in the event of a breach of the security of their personal data, and determine the current threats to the security of personal data when processing them in personal data information systems.
8.5.6. In accordance with the identified current threats, the Operator shall apply the necessary and sufficient legal, organizational and technical measures to ensure the security of personal data, including the use of information security tools, detection of cases of unauthorized access to personal data and taking various measures, restoration of personal data, restriction of access to personal data, registration and accounting of actions taken with personal data, as well as monitoring and evaluation of the effectiveness of the measures taken to ensure the security of personal data.
8.5.7. The Operator's management understands the importance and necessity of personal data security and encourages continuous improvement of the personal data protection system within the framework of the Operator's core business.
8.5.8. The Operator appointed persons responsible for processing and ensuring the security of personal data.
8.5.9. Each new employee of the Operator directly involved in the processing of personal data becomes familiar with the requirements of the legislation of the Republic of Kazakhstan on the processing and ensuring the security of personal data, this Policy and other local acts of the Operator related to the processing and ensuring the security of personal data and undertakes to comply with them.
8.6. Consent of the personal data subject
8.6.1. The Client as the personal data subject hereby gives consent to the collection and processing of personal data for the provision of services by the Operator, as well as to the transfer and cross-border transfer of personal data of the personal data subject in accordance with the governing legislation.
9. Guarantees
9.1. The Client undertakes to compensate in full the Freedom Pay System Operator for losses, including by means of direct debiting of funds to be transferred to the Client, incurred by the Freedom Pay System Operator in relation to transactions carried out in violation by the Client of the requirements of the regulatory legislation and the obligations assumed under the Agreement.
9.2. The Client undertakes not to engage in prohibited activities, such as:
9.1. The Client undertakes to compensate in full the Freedom Pay System Operator for losses, including by means of direct debiting of funds to be transferred to the Client, incurred by the Freedom Pay System Operator in relation to transactions carried out in violation by the Client of the requirements of the regulatory legislation and the obligations assumed under the Agreement.
9.2. The Client undertakes not to engage in prohibited activities, such as:
- weapons and armament supplies;
- rocket and space systems, military communications and control systems, as well as regulatory and technical documentation for their production and operation;
- radioactive waste;
- explosive waste;
- atomic energy;
- poisons, narcotics and psychotropic substances;
- counterfeit and/or adulterated goods/services;
- gambling;
- binary options;
- collection agencies, except of those operated by residents of the Republic of Kazakhstan who have a permit from the authorized state body of the Republic of Kazakhstan;
- sales pyramids;
- databases containing personal data;
- escort services;
- erotic and pornographic Internet content;
- intimate goods and services
- products and services that incite or support racism, violence, hatred, discrimination, abuse, pedophilia or other immoral activities;
- trade in wild animals belonging to the category of "protected or endangered" or animal products obtained by poaching or other illegal methods;
- other actions prohibited by the legislation of the Republic of Kazakhstan.
© 2024 Freedom Pay
The company is PCI DSS compliant
Registration number of the payment organization № 02-23-153.
Registration number of the payment organization № 02-23-153.
Address and contacts
Almaty city, Zheltoksan 115,
Kaiser Plaza, 2 floor
Kaiser Plaza, 2 floor
Operating hours: 10:00 - 19:00
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Согласие на сбор и обработку персональных данных
Настоящим, в соответствии с требованиями Закона Республики Казахстан от 21 мая 2013 года № 94-V «О персональных данных и их защите» и, где применимо, законодательства Международного финансового центра «Астана» (далее – МФЦА) в области защиты данных, а также принятых в соответствии с ними нормативных правовых актов (далее – Применимое законодательство), даю своё согласие на:
1. сбор и обработку Данных (как они определены в пункте B настоящего Согласия) путём:
(a) регистрации и (или) авторизации Субъекта на веб-сайте (в мобильном приложении) Оператора или в ином электронном ресурсе Оператора;
(b) подписания Согласия на бумажном или электронном носителе любым способом не ограничиваясь проставлением подписи (собственноручно), средствами электронной цифровой подписи, подписания путем использования одноразового (единовременного) кода (one-time password), направленного Оператором или его агентом на номер мобильного телефона Субъекта SMS-сообщением или в web или ином программном приложении путем push-уведомления;
(c) посещения офисов Оператора, в тех случаях, когда это применимо;
(d) посещения электронных ресурсов Оператора, в том числе путем приема Cookies или иных политик, протоколов, программных и аппаратных средств, которые могут фиксировать данные Субъекта;
(e) использования продуктов или сервисов Оператора.
2. передачу Данных, не ограничиваясь персональными данными, данными составляющими банковскую тайну, тайну страхования, коммерческую тайну на рынке ценных бумаг и иную охраняемую законом тайну в пользу аффилированных лиц Оператора, агентов Оператора, и любых иных третьих лиц (далее совместно – "Третьи лица"), когда предоставление Данных требуется в соответствии с требованиями применимого законодательства, в целях предоставления Оператором или Третьими лицами продуктов и услуг Субъекту, или в целях исполнения обязательств по договору между Оператором и указанными Третьими лицами. Субъект соглашается, что Данные могут включаться в базы данных Оператора или Третьих лиц, где в последующем персональные данные Субъекта могут обрабатываться без какого-либо участия Оператора; при условии, что Оператор обязуется требовать от Третьих лиц обеспечить конфиденциальность переданных Данных;
3. трансграничную передачу Оператором Данных за пределы территории Республики Казахстан и территории МФЦА на территорию государств в случаях, когда это необходимо для целей сбора и обработки Данных, заявленных в настоящем согласии.
Субъект соглашается, что страны, в которые могут передаваться Данные, могут иметь условия и требования хранения Данных ниже чем те, которые предусмотрены применимым законодательством Республики Казахстан / МФЦА и операторы Данных в этих странах не смогут обеспечить им надлежащую защиту.
A В настоящем Согласии "Данные" не должны ограничиваться сведениями / информацией, относящейся к определенному или определяемому на их основании Субъекту, зафиксированные на электронном, бумажном и (или) ином материальном носителе, в том числе, без исключения: фамилия, имя и отчество (при наличии); транскрипция имени; индивидуальный или иной идентификационный номер (если он предоставлен Субъектом Оператору); полная дата рождения; данные документа, удостоверяющего личность (если он предоставлен Субъектом Оператору) и иные документы (паспорт, вод.права, и т.п.); справки из государственных учреждений (медицинские, наркологические и др.); номер телефона; адрес электронной почты; адрес места проживания; изображение Субъекта (фотография, аватар и т.п.) (если оно предоставлено Субъектом Оператору); биометрические данные; идентификаторы (наименование учетных записей и выбираемые Субъектом идентификаторы); контакты телефонной книги (при использовании мобильных приложений Оператора/Третьих лиц); изображения с камеры устройства Субъекта; цифровые документы; звуковая запись с микрофона мобильного устройства; модель устройства Субъекта и данные о его операционной системе и браузере и (или) типе интернет-соединения; сегмент рынка, к которому относится Субъект; информация о налоговом резидентстве и налоговом идентификаторе Субъекта; записи коммуникаций с представителями службы поддержки и продаж Оператора; идентифицирующие устройство Субъекта сведения; публичные комментарии Субъекта, размещенные на сайтах в сети Интернет; данные о местонахождении Субъекта, полученные по IP-адресу и (или) по e-SIM и (или) SIM-карте и (или) по GPS (глобальная система позиционирования); информация о веб-сайтах, посещаемых Субъектом в сети Интернет; информация о покупках, совершенных Субъектом в сети Интернет и иные метаданные для аналитики (куки и т.д.); контент, размещенный Субъектом, либо просмотренный им в сети Интернет; а также публично доступная информация о Субъекте из социальных сетей; информация / данные, составляющие банковскую тайну, тайну страхования, коммерческую тайну на рынке ценных бумаг и иную охраняемую законом тайну; информация / данные, которые могут быть получены Оператором от или в отношении Субъекта.
B Данные Субъекта собираются и обрабатываются с целью (перечень не является исчерпывающим): осуществления деятельности Оператора и Третьих лиц по оказанию финансовых услуг, маркетинговых и рекламных активностей, исследований, проведения акций, предоставления (пересылки) Субъекту любых информационных материалов, в том числе о продуктах и (или) услугах и (или) предложениях Оператора и Третьих лиц, а также иных уведомлений посредством телефонной, факсимильной и иных видов связи, а также по открытым каналам связи (в том числе SMS-сообщения, e-mail, push-уведомления, голосовые сообщения, системы удаленного доступа, социальные сети и т.п.), а также для оплаты с использованием QR-кодов или штрих кодов, для выбора получателя платежа или услуги из контактов телефонной книги, для отображения аватара/фото Субъекта в мобильном приложении Оператора и/или Третьих лиц, для получения и предоставления цифровых документов Субъекта в/из сервисы (-ов) цифровых документов, для голосового общения с представителями Оператора/Третьих лиц; для доставки товаров и оказания услуг Субъекту; для проведения проверок Оператором/Третьим лицом, связанных с исполнением требований по противодействию легализации (отмыванию) доходов и финансирования терроризма; для защиты клиентов Оператора от мошеннических действий Субъектов.
C Персональные данные Субъекта не могут распространяться Оператором и (или) Третьими лицами в общедоступных источниках, за исключением случаев, когда от Субъекта получено соответствующее письменное согласие на совершение этих действий.
D Настоящее Согласие предоставляется на весь период деятельности Оператора или до срока, когда будет выпущено обновленное согласие с донесением до Субьекта.