1: TERMS & APPLICATION
The definitions & rules of interpretation in this condition apply in these terms & conditions:
1.1. Acquirer: The financial institution to which your Payment Transactions & Refund instructions are routed for authorisation & settlement.
1.2 Agreement: These Terms & Conditions (including any front sheet to which they are attached or with which they are provided) effective from the date of the agreement.
1.3. Application Form Summary: Refers to the application form completed by the customer (which includes the Application Form Summary’) as part of Your agreement & includes the summary of main commercial terms agreed between the customer & Breathe Payments.
1.4. Availability: The total duration, expressed as a percentage of the total Duration of the calendar month concerned, of the availability of Breathe Payments Core Service.
1.5. Business Day: Monday, Tuesday, Wednesday, Thursday & Friday except for UK Bank Holidays.
1.6. Breathe Payments: Breathe Payments 3 West St, Leighton Buzzard LU7 1DA being a company registered in United Kingdom.
1.7. Breathe Payments Equipment: Any equipment, including card payment terminals, Epos system hardware, tools, systems, cabling or facilities, provided by Breathe Payments or its subcontractors & used directly or indirectly in the supply of the services that are not subject to a separate agreement between the parties under which title passes to the Merchant.
1.8. Card: A current valid, credit, debit or charge card that we may accept for processing under the terms of this Agreement.
1.9. Cardholder: The individual holder of a Card.
1.10. Charges: Collectively, the Fixed Charge, Throughput Charge (as more particularly described on the Application Form Summary) & any other additional amounts payable to Breathe Payments by the Merchant pursuant to these conditions as amended from time to time in accordance with these conditions & as set out in the Application Form.
1.11. Commencement Date: The effective start date of the Contract as set out on the Application Form Summary.
1.12. Contract: The Application Form Summary, all applicable Special Conditions (if any) & these conditions.
1.13. Core Service: Transaction authorisation & payment settlement.
1.14. Consumables: Batteries, paper rolls, printer ink or cartridges, all power & other accessories required or desired for operation of the Payment Terminal or EPOS System;
1.15. Customer: The person or entity that is transacting with the Merchant in an e-commerce context.
1.16. Data Protection Legislation: All privacy laws applicable to the data which is processed under or in connection with this Agreement, including EU Directive 94/96/EC & 2002/58/EC, as interpreted by the DPA (or equivalent local laws), all regulations made pursuant to & in relation to such legislation & including the Privacy & Electronic Communications (EC Directive) Regulations 2003 (or equivalent local regulations). It also includes all codes of practice & other guidance on the foregoing issued by any relevant Data Protection Authority, as amended from time to time & including the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) from 25 May 2018.
1.17. Document: Includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
1.18.DPA: Data Protection Act 2018 (as amended or replaced from time to time).
1.19. Duration: The total time comprising any calendar month.
1.20. EPOS System: The tablet display device, software, cash draw & printers.
1.21. Merchant: The company, organisation or person, including its officers, employees & agents, who purchases or uses the Services provided by the Merchant as set out on the Application Form Summary.
1.22. Merchant Contract: An agreement wherein any Merchant of the Merchant agrees to use Breathe Payments white labelled services provided by the Merchant to the Merchant on terms that are no less onerous than the terms herein.
1.23. Merchant Device: Any device that is provided to the Merchant that is essential to the successful completion of an e-commerce transaction between the Merchant & their customer – wherein Breathe Payments is the authorisation gateway.
1.24. Merchant Equipment: Any equipment, hardware, computer, systems, cabling or facilities provided by the Merchant & used directly or indirectly in the supply of the Services.
1.25. Merchant Information: Data & any other materials (in whatever form) published or otherwise made available (directly or indirectly) by the Merchant or on behalf of the Merchant by using the Services or relating to the Services. Merchant Information may include information about the Merchant itself (including individual employees or representatives) or permitted users or clients of the Merchant (or prospective clients) that may include personal data subject to laws or regulations.
1.26. Minimum Term: The Minimum Term as shown on the front sheet of this Agreement;
1.27. Minimum Throughput Charge: The minimum charge applicable when the Throughput Charge is less than the Minimum Throughput Charge as set out in the Application Form Summary.
1.28. MPTV: Maximum permitted transaction volume set at 10 concurrent transactions per second as standard & may be increased with advance notice.
1.29. Network: The PSTN, Broadband or mobile telephone network upon which the Payment Terminal will operate.
1.30. Non-Availability: The total duration, expressed as a percentage of the total Duration of the calendar month concerned, of the non-availability of Breathe Payments Core Service except where such non-availability arises because of any Excluded Incident or as a result of anything additionally specified below.
1.31. pa: Per annum
1.32. Partner: One of Breathe Payments approved Partners who we may outsource or sub-contract part of the Services to & with whom the customer will not have a direct contractual relationship.
1.33. Party(ies): Breathe Payments & the Merchant as named in the Application Form Summary.
1.34. Payment Terminal: The Payment Terminal(s) described on the Agreement, provided to you for the purpose of processing Payment Transactions hereunder & subject to the terms of this Agreement.
1.35. Payment Transaction: A Card transaction processed with the intention of a Cardholder incurring a liability resulting in monies being received from the Card issuer to your Acquirer & credited to your bank account or non-Card transactions registered on the EPOS System.
1.36. Personal Information: Information (in any reproducible format) which relates to a Cardholder or other identifiable individual, whether supplied by you for processing by us or whether generated by us in the course of performing our obligations. This information may include some or all of the following information: Cardholder name & all data encoded on a Cardholder’s Card.
1.37. PCI: Payment Card Industry.
1.38. PCI: DSS: Payment Card Industry Data Security Standard.
1.39. pm: Per month
1.40. Refund: A Card transaction which has been processed with the intention of monies being remitted to the Cardholder’s Card account.
1.41. Rolling Term: Successive periods of one year following the end of the Initial Term.
1.42. Services: The services to be provided by Breathe Payments under the Contract for the authorisation & payment of credit, debit, purchase, fuel, charge & like card transactions (“Core Services”) together with the provision of the necessary interface through which authorisation & payment of credit/debit/charge card transactions takes place (as more particularly described in the Application Form Summary) (“Ancillary Services”).
1.43. SIM card: The card used with a Payment Terminal which uses a Network to provide the Services.
1.44. Special Conditions: Special conditions relating to aspects of the Service required as set out in the Contract or as specified in the Application Form Summary.
1.45. Suppliers: Any third party who may be providing all or part of the Services & any other services or Equipment to the customer & with whom they will have a direct contractual relationship.
1.46. Support: The first line support services relating to diagnosis of errors, restoration of functionality & mandatory system upgrade by way of correction, re configuration, patch provision, driver update, software re-load, interface guideline update or user guidance to remedy a fault & the implementation of mandatory updates, adjustments, additions or modifications to the Services as Breathe Payments may prescribe from time to time or as otherwise set out in the Application Form Summary. On rare & critical occasions Breathe Payments can call out & provide assistance.
1.47. Term: The period for which the Parties are contracted as defined in the Initial & Rolling Terms, together with any subsequent Renewal Term.
1.48. Third Party Provider: A service or goods provider that is unconnected with Breathe Payments & provides solutions different from & complementary to Breathe Payments.
1.49. Throughput Charge: A monthly charge payable in arrears for each month of any Term based upon either (a) the actual number of transactions processed by the Services in that calendar month at the rate set out in the Application Form Summary; or (b) a Minimum Throughput Charge at the rate set out in the Application Form Summary, whichever is the higher.
1.50. Tiered Pricing: Refers to the various agreed fees per transaction payable by the Merchant to Breathe Payments for each specified transaction volume range such that the overall invoice for a specified period is the sum of each volume range multiplied by the transaction fee applicable to that volume range as set out in the Fees Terms Sheet.
1.51. Transaction: A transaction is defined as a successful or declined pre-authorisation, full authorisation or refund; this includes 3D Secure authentication requirements.
1.52. VAT: Value Added Tax chargeable under English law & any similar additional tax.
2: GENERAL TERMS
Breathe Payments provides Merchant accounts, chip & pin terminals, e-commerce gateways, epos systems & related goods & services that allow businesses to process credit card, debit & other payments & the Merchant wishes Breathe Payments to provide to Merchant these services. Breathe Payments agrees to do so under the terms & conditions set out here.
2.1: This document, together with the completed Application Form & application form summary is made on the date it is signed & is between the entity whose name & address is specified (the “Merchant”) & Breathe Payments Limited with its principal place of business at Breathe Payments Limited, 3 West Street, Leighton Buzzard, Bedfordshire, LU7 1DA .
2.2: This Agreement shall apply to any Products &/or Services provided by Breathe Payments to the Customer (& shall be incorporated into any quotation or order for such Products &/or Services).
2.3: The customer’s completed Application Form is subject to Breathe Payments required credit checks & financial due diligence.
2.4: Any acceptance of a quotation or placement of an order by the Customer will be treated as an offer to purchase the Products &/or Services from Breathe Payments.
2.5. We reserve the right, at Breathe Payments discretion, to refuse an application with the customers prior agreement.
2.6. Once Breathe Payments have carried out Our initial pre-approval checks, the customer will be sent written notification confirming whether the application has been accepted or declined. The customer acknowledges that the Agreement will only commence when the application has been approved & the customer has been notified by Us in writing.
2.7. We may, from time to time, vary or amend the terms of the Agreement at Our discretion. the customer will be notified in writing of any changes to these terms & conditions no later than 30 days before any variations or amendments are implemented.
3: USAGE & OBLIGATIONS
3.1: Breathe Payments shall provide information about its Products & Services to help inform the Customer’s basis of its purchase, including a free demo if its software if required.
3.2: It is the sole responsibility of the Customer to ensure that the Product(s) &/or Services it is purchasing meet the Customer’s requirements.
3.3: Upon the Customer’s request, Breathe Payments will provide a written quotation for any Product(s) &/or Services. This quotation will be a guideline price & does not form the basis of any contract.
3.4: Any advice or recommendation given by Breathe Payments or its representatives to the Customer regarding the Services or the application or use of the products which is not confirmed in writing by is followed or acted upon at the Customer’s own risk. As such, Breathe Payments shall not be liable for any such advice or recommendation which is not so confirmed in writing.
3.5: Breathe Payments accepts no liability for Epos software & as such, Epos software failures are not grounds for cancellation of hardware lease agreements.
3.6: Should a software fault occur, the customer is required to allow Breathe Payments to replace the software with an appropriate alternative software solution. The customer must cooperate with the implementation of this software in a timely manner.
3.7: The Customer is responsible for installing the Hardware (unless otherwise agreed in writing) & will keep the Hardware in a good, clean condition.
3.8: The Customer will ensure that the Hardware is only used by properly trained staff in accordance with official instructions. The Customer will ensure that only personnel authorised by Breathe Payments, or its partners, adjust, modify, configure, maintain, repair, replace or remove any part of the Hardware.
3.9: The customer agrees to use the Payment Terminal in accordance with any operating instructions only for the purpose of effecting Payment Transactions or Refunds in accordance our instructions & to keep the Payment Terminal in good repair & condition & to be responsible for any loss or damage to it & not to remove any identifying marks.
3.10. Liability:
3.10.1: We are only liable to you as set out in this Agreement. We have no other duty or liability to you.
3.10.2: Nothing in this agreement will limit or exclude Our liability for death or personal injury caused by negligence or for any damage or liability incurred as a result of fraud of fraudulent misrepresentation.
3.10.3: Our entire liability to you for something we or anyone who works for us does or does not do will be limited to 125% of any monies paid by you to us under your Agreement.
3.10.4: We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage occasioned by the use of the Services or any failure of the Services.
3.10.5: We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
3.10.6: We will not be liable to You for any acts or omissions of Our Suppliers or Partners, including any failure by Our Suppliers or Partners to perform any part of their Services or the supply of the Equipment.
3.11. Limitation of Liability:
- loss of profits;
- loss of business;
- depletion of goodwill and/or similar losses;
- loss of anticipated savings;
- loss of goods;
- loss of contracts;
- loss of or corruption of data or information; or
- any other special, indirect, consequential or pure economic loss, costs, damages, charges and expenses.
3.12: The customer may not transfer your account or any of your rights & responsibilities under this Agreement to another business or individual.
3.13: The customer must advise us immediately in writing about any change in the address supplied to us or any other details regarding the business such as:
- Business name
- Business address
- Bank details
- Legal entity
- Card acceptance method
- Permanent closure or sale of any outlet
- Any material change in the ownership, control or nature of Your business during the Term.
4: SERVICES
Subject to due payment of the relevant Charges we agree to provide the Services as follows:
4.1. Help Desk & Support Service: A Help Desk service on the telephone number shown on the front sheet, is available between the hours of 8.00 am – 11.00 pm Monday to Saturday & 10.00 am – 4.00 pm on Sundays & Public Holidays as a telephone advice bureau for operational difficulties.
4.2. Terminal & Transaction Processing Service: To configure the Payment Terminal with appropriate software for the processing of Payment Transactions or Refunds by any Card capable of being accepted by you under the terms of your agreement with an Acquirer; To provide software upgrades from time to time; To ensure secure routing for Card authorisations & Payment Transactions to & from your Acquirer.
4.3. Renewal: At the end of the Initial Term detailed in the Application Form (subject to your right to terminate the agreement early), the customer’s membership will continue on a rolling monthly basis (‘Renewal Term’) in accordance with these terms. This will ensure business continuity. Breathe Payments may at that stage or before, contact the customer to discuss entering into a new Agreement for a new fixed term.
4.4. Guaranteed Replacement Service:
4.4.1: In addition to the Help Desk service set out in 4.5, if the Payment Terminal develops a fault, we will, unless prevented by circumstances outside our control, provide a replacement within 24 hours. You acknowledge that this target response time is our service level goal & we do not warrant that any particular replacement shall be made within 24 hours.
4.4.2: Any replacement shall be provided configured for your use & will be of a similar or improved specification but may be new or refurbished.
4.4.3: Our repair services under this clause 2.4 shall not extend to accidental damage to the Payment Terminal nor in respect of any damage caused though misuse or malicious damage, or for theft or loss, nor to faults in respect of batteries or battery packs, network outages or to any third-party device or attachment that is not part of the Payment Terminal provided by us.
4.4.4: Breathe Payments shall be entitled to levy a charge in respect of a Payment Terminal, which upon inspection, is not found to be faulty.
Third Parties:
4.5: The Services provided to the customer under their agreement may be provided by approved third party Suppliers or Partners. Any third party Supplier providing Services to the customer will do so in accordance with their own terms & conditions & copies of such terms & conditions will be provided to the customer.
4.6: We may, at our discretion, out-source or sub-contract part of the Services provided to the customer to one or more of Our approved Partners. In doing so the customer will not have any direct contractual relationship with such Partners.
4.7: We will have sole discretion over the appointment of Suppliers & Partners.
4.8: The customer acknowledges that Breathe Payments accepts no responsibility or liability for the provision of any Services or Equipment by such Suppliers or Partners.
4.9: There may be times when a Suppliers make changes to their own terms & conditions of supply. Any changes may be communicated to the customer directly from the Supplier or through Breathe Payments.
4.10: Breathe Payments may transfer any of Our rights &/or obligations under the agreement to any third party at Our discretion.
Service Limitations:
4.11: We will always try to make our Services available to you, but sometimes they may be affected by things beyond our control, including (inter alia) the availability of the Network. We may suspend certain services, but will endeavour to give as much notice as practical.
4.12. The Services are made available subject to:
4.12.1: Any software, upgrades or other intellectual property relating to the Payment Terminal not being copied, modified or sub-licensed by you without our specific written consent.
4.12.2: Their not being used for or to access anything illegal, immoral or improper. 5.2.3: Their being used only with the Payment Terminal & SIM cards provided for use with the Network (& which have not been lost or stolen) & all relevant laws & rules being followed.
4.12.3: Their being used only for the purposes of processing Payment Transactions or Refunds & no other purpose.
4.12.4: The SIM card not being used for any other purposes or otherwise modified or removed from the Payment Terminal.
4.12.5: All reasonable instructions that we may give you being followed.
4.12.6: Where appropriate, the Payment Terminal being in range of base stations forming part of the Network.
5: EQUIPMENT
5.1: The customer acknowledges, agree & confirms that any Equipment provided by Breathe Payments or any Suppliers during the Term is provided at the cost detailed in the application form summary.
5.2. Ownership: Ownership of the Equipment will at all times remain with Breathe Payments or with the relevant Supplier (as applicable) & nothing in these terms will give the customer any rights of ownership in & to the Equipment at any times.
5.3. Delivery: Any Equipment provided will be delivered to the business address supplied on the Application Form, once approval has been received for account set up & the terminal/s order is placed. The customer will be notified when the Equipment has been ordered & supplied, with an expected delivery date. Any dates for delivery are estimates only & Breathe Payment are not liable for any losses suffered by the customer, resulting from any failure to meet any expected delivery dates communicated by us.
5.4. Delivery Receipt: It is the customers responsibility to ensure that they are available to take receipt of the Equipment when notified.
5.5. Installation of Equipment: If the Equipment supplied can be installed without any configuration, guidelines will be provided by Breathe Payments with step-by-step instructions for set up. If the Equipment supplied requires support for installation, we will schedule an appropriate time for one of its employees or agents to install the Equipment at the premises. Breathe Payments reserve the right to charge a fee for installation.
5.6. Access: To enable authorised employees or agents to install or remove Equipment they will need access to the premises. The customer agrees to grant authorised employees & agents a licence to enter your premises specifically for these purposes. It is important that you provide appropriate space for the installation & adequate health & safety protection for employees or agents entering the premises.
5.7. Replacements: We may from time to time replace the Equipment with similar or upgraded models, or it may be necessary to provide updated parts which we may require You to fit, as far as is reasonable.
5.8: Care & use of the Equipment: It is the customer’s responsibility to keep the Equipment safe & secure, & always comply with supplied operator instructions. Failure to do so may result in termination of your Agreement.
5.9. Possession of Equipment: The customer must always keep the Equipment in their possession or control & located at the premises detailed in the Application Form, or as otherwise notified & agreed with Beathe Payments in writing. The Equipment must not be removed from the premises without Our Consent, unless using a mobile or GPRS terminal.
5.10. Loss or damage: The customer must tell Breathe Payments immediately if there is any loss or damage to, or fault in, the Equipment. You will be liable for & will fully indemnify Breathe Payments from & against any loss or damage caused to the Equipment by You or Your employees, agents, sub-contractors or customers, whether any loss or damage is caused by any wilful or deliberate acts or negligence.
5.11. Replacements: Breathe Payments will replace or repair any Equipment found to be faulty, provided that at all times the customer has complied with the operator instructions supplied.
5.12. Insurance: The customer must at all times insure the Equipment & keep the Equipment fully & adequately insured with a reputable insurer against any loss or damage by accident, fire, theft & any other risks (including third party damage) against which it is usual to insure the Equipment, or as we may reasonably require from time to time. If You receive any insurance monies following the loss of or damage to the Equipment such monies shall be held by You on trust for us & pay such monies to Us on demand.
5.13. Our service level promise: If there is any fault in the Equipment the customer can call our Customer Service Team & we will endeavour to fix this remotely where possible. We will endeavour to replace any faulty or damaged Equipment, where the customer is not liable for any faults in the Equipment the next working day
5.14. Return of Equipment: All Equipment in the customers possession must be returned to Breathe Payments upon termination of your agreement regardless of the reason for termination. Equipment must be returned promptly (no later than 30 days from the date of termination) either through a courier arranged by Breathe Payments, or returned via Royal Mail with specific instructions provided by Us. Failure to return the Equipment following the termination of the agreement will result in a charge of £200 +VAT.
5.15. Protecting ownership of the Equipment: During the Term, the customer must not:
- Sell, let, charge, pledge or otherwise dispose of the Equipment
- Part with or share possession of the Equipment; or allow any lien on the Equipment
- Allow any distraint, execution or other legal process against the Equipment
- Modify or interfere with the Equipment or allow any third party to do so;
- Cover, remove or interfere with any name plate, serial number, trade mark or other mark on the Equipment or allow any third party to do so;
- Reverse engineer, alter, modify, copy or analyse the software supplied with the Equipment or sub-licence or assign the right to use the software or sub-licence or assign the right to use the Equipment to any third party; or use the software other than for Your own use as per the terms of this agreement.
6: PAYMENT & FEES
6.1: Breathe Payments will supply the customer with itemised monthly invoices during the Term detailing all applicable Charges as specified in the Application Form.
6.2: All invoices are due & payable by the Customer (or via a finance provider, where applicable) immediately upon receipt of the applicable invoice, or by monthly Direct Debit in arrears. The Customer acknowledges that no Products will be dispatched, & no Services will be provided, until payment of the applicable invoice is received by Breathe Payments in cleared funds. Alternative methods of payment may be accepted relating to the agreement as exceptions, by prior agreement with Breathe Payments.
6.3: All prices are quoted are exclusive of VAT (or such other applicable sales tax in force from time to time). Where VAT is payable by the Customer, this will be added to the invoice in addition to the fees.
6.4: Without prejudice, if the Customer fails to pay by the relevant invoice due date, Breathe Payments may, in addition to any other rights or remedies available in law:
6.4.1: Charge interest on such sum from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
6.4.2: Suspend the provision of the Services (including all of the Customer’s access to the Software) until the payment is received in full and in cleared funds &/or;
6.4.3: Request that any products/ equipment are immediately returned to Breathe Payments & if the customer fails to do so, the customer acknowledges & agrees that Breathe Payments may charge a fixed amount for these products
6.4.4: Pass your details to a third-party debt collection agency &/or start legal proceedings to recover the debts &/or products/ equipment.
6.5: Breathe Payments accepts no liability for any Charges that may be made by Your Bank and/or Building Society for processing &/or setting up the direct debit.
6.6: It may be necessary for Breathe Payments to alter any Charges or alter any other term of the agreement by giving at least 30 days notice in writing, unless the change is a change in the rate of VAT, when the change will take effect immediately from the date of the change in VAT.
6.7: Your payment obligations shall not be affected by the unavailability of the Services.
7: TERMINATION
7.1: Subject to the terms of Clause 6.3 , either party can terminate their Agreement at any time after expiry of the Minimum Term. The following conditions apply if You wish to terminate the Agreement:
- At least 30 days’ notice must be provided at any time.
- All Equipment must be returned at the end of the Term or the Renewal Term in good condition & in accordance with clause 5.
- The customer’s termination will be acknowledged in writing & any final invoices will be issued & payable immediately when the termination is confirmed.
7.2: Breathe Payments can terminate the Agreement immediately & stop providing the Services if any of the following happens:
7.2.1: The customer fails to pay any Charges or other sums due under the Agreement when due or break an important condition of the Agreement.
7.2.2: The customer breaks any other condition of the Agreement & does not put it right within 7 days of us asking you to; or
7.2.3: The customer becomes bankrupt or make any arrangement with your creditors or are liquidated or have an Administrator or receiver appointed or suffer any other form of insolvency event.
7.2.4: The customer is unable to pay your debts as they fall due.
7.3: Upon termination of the Agreement for any reason, you must, pay us immediately any & all sums then due & owing; & all Charges which would have been payable for the remainder of the Minimum Term but for the termination less a discount of 5%.
7.4: Breathe Payments may at our discretion, be able to offer a reduction in the amount payable upon termination in exchange for return of the Payment Terminal & SIM card in good condition & complete with all accessories, power leads, batteries, chargers & handbooks. The customer should contact us at the address given on the Agreement to make arrangements for re-delivery & valuation of the Payment Terminal for this purpose.
7.5. During the Initial Term: To terminate before the end of the Initial Term, the customer is liable to pay Breathe Payments the following:
- Remaining agreement charges up to the end of the Initial Term; and
- A sum in liquidated damages equal to £40 for each month remaining in the Initial Term following the date of termination (which You acknowledge is a genuine pre-estimate of the loss We would suffer in the event You terminate
- £200 administration fee
7.6. During the Renewal Term: To terminate during the Renewal Term, the customer is liable to pay Breathe Payments the following:
- All Charges up to the end of the relevant Renewal Term.
- Should You serve notice to terminate the agreement mid-way through a month then You will remain liable to pay the Charges for the next full subsequent month.
8: DATA PROTECTION
8.1: As part of the application, it is necessary for Breathe Payments to disclose customer information to credit reference agencies, Suppliers & Partners, for the purpose of making credit decisions & appropriately assessing the application & so that the Services can be provided. In signing Your Application form, the customer has agreed for us to disclose information as is necessary to obtain a decision on whether Your application passes our relevant credit checks.
8.2: Personal data will not be shared with third parties unless it is necessary for the performance of the contract between us.
8.3: Some personal data may need to be transferred outside the EEA for underwriting purposes. Where personal data is transferred outside the EEA, Breathe Payments will ensure that appropriate provisions & safeguards are put in place & will obtain explicit consent & will comply at all times with Our obligations as a data controller & processor under the General Data Protection Regulation (‘GDPR’).
8.4: All personal data will be stored only for the purposes of maintaining the customers account & performing this contract & the Services or Equipment associated with it & for marketing purposes, as per the agreed preferences notified to Breathe Payments during the application process. Further details of how Your personal data will be used & held can be found in the Privacy Policy available on our website.
8.5: Breathe Payments may contact the customer from time to time with regards to Services or Equipment updates.