Privacy
regarding the ordering, delivery an utilisation of Edenred Comfort Cards as regards the Clients
Effective from 01/11/21
1. “Data Processing Policy” means the Data Processing Policy concerning the Service and the Edenred Card Service, attached as Annex 2 to these GTC.
2. “Edenred Acceptance Mark” means the logo of Edenred, indicating that the Card is accepted at the place where it is displayed.
3. “Edenred Comfort Card“ or “Card” means a non-transferable, non-personalized, disposable microchip plastic card protected with a PIN code where the Electronic Money covered by the amount of money having been transferred by the Client in advance, in relation to the given card is recorded, and that can be used for paying the full or partial consideration for goods sold or services rendered by the Participating Vendor. The Card can be loaded only once for a maximum amount of HUF 45,000. The Comfort Card is a:
◦ disposable card: the Card cannot be reloaded, it can be used up to one-time balance or until expiry
◦ non-personalized card: the Card does not bear the Cardholder’s name, and in Edenred systems the Card cannot be assigned to the Cardholder.
4. “Edenred Card Service” means the complex service provided by the Issuer to the Card Holder under the Card Holder GTC (attached as Annex 5 to these GTC) concerning the placing on the market and use of Edenred Cards and the Card Holder GTC.
5. “Electronic money” means the amount embodied by the claim against the issuer of the electronic money that is stored electronically – including magnetic storing –, issued against the receipt of funds for the purpose of performing payment transactions provided in the Act on the Pursuit of the Business of Payment Services and, beyond the issuer of the electronic money, also accepted by other natural and legal persons, economic entities without legal personality and individual entrepreneurs. The electronic money qualifies as a non-cash means of payment.
6. “EMPS Agreement” means the agreement between the Issuer and the Client regarding electronic money and payment services, attached as Annex 1 to these GTC.
7. “Strong Customer Authentication” or “SCA”: Directive (EU) 2015/2366 of the European Parliament and of the Council on payment services in the internal market (the so-called “PSD2 Directive”) sets out the requirement of strong customer authentication, the purpose of which, among other things, is to make online/electronic payment transactions more secure. The SCA is an additional security measure that checks whether the Card Holder really confirmed the Transaction or other action related to the use of the Card and/or Account. In this scope, every Card Holder must provide his or her phone number, to which the Service Provider will send a unique code at the time of initiation of each online/electronic payment operation, which code the Card Holder has to enter into the appropriate online interface in order to confirm the online/electronic payment transaction.
8. “Card Activation” is an action executed by the Card Holder as per the Card Holder GTC.
9. “Card Holder” is a natural person deemed by the Client eligible for using the Card to whom the Card is issued, and who undertakes to comply with the Card Holder GTC attached as Annex 5.
10. “Card Fee” means the cost to be paid by the Client for the manufacturing of the card plastic. “Card Fee” is charged on occasion of the first issuance, “Card Replacement Fee” is charged for the replacement of existing (stolen, damaged, lost) cards. The amounts of these fees are set out in Annex 6 to the GTC (Information on Tariffs).
11. “Participating Vendor” or “Participating Business” is a natural or legal person accepting Edenred Comfort Cards from the Card Holders in the case of the sale of products or the provision of services, and where the Programme Manager made accepting the Cards technically available, and who placed out the Mastercard or Edenred Acceptance Mark.
12. “Card Crediting” is the process by which the amount of the Electronic Money ordered by the Client is made available by the Programme Manager to the Card Holders.
13. “Issuer”: PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). PPS EU is operating under the supervision of the National Bank of Belgium, and has been authorised by the same to issue electronic money and provide payment services.
14. “Mastercard Acceptance Mark”: the logo of Mastercard International Incorporated, indicating that the Card is accepted at the place where it is displayed.
15. “Mastercard International Incorporated”: Mastercard International Incorporated, a business entity with its registered office located at 2000 Purchase Street, Purchase, New York 10577 USA.
16. “MCC (Merchant Category Code) code”: the 4-digit code determined by the international card company based on the activity of the Edenred Comfort Card Participating Businesses, associated with the specific commercial categories of the classification system. Participating Businesses are classified into the specific commercial categories by their acceptor banks, which also set the code associated with that category in the system of the Participating Business. The MCC codes associated with the different types of businesses are set out in Annex 1 to the Cardholder GTC (MCC codes associated with the different types of businesses).
17. “Programme Manager” is Edenred Magyarország Kft. (hereinafter referred to as: “Edenred”), (registered office: H– 1134 Budapest, Váci út 45.), the Issuer’s payment intermediary.
18. “Delivery” is the process by which, in liaison with the Programme Manager, the Client receives the Edenred Comfort Card ordered for the Card Holders.
19. “Delivery Charge” is the fee charged for the delivery of the Cards ordered by the Client, including the possible repeated delivery, the amount of which is set out in Annex 6 to these GTC (Information on Tariffs).
20. “Service” means the complex service provided by the Programme Manager to the Client in relation to the ordering, crediting, delivery and utilisation of the Card in accordance with these GTC.
21. “Service Fee” is the percentage fee calculated based on the par value of the crediting, to be paid by the Client, the amount of which would be specified in the Comfort Card contract.
22. “Client” is a natural or legal person providing the Edenred Comfort Card to the Card Holder.
1. The Programme Manager for the Edenred Comfort Cards is Edenred. The purpose of these GTC is to set out the general contract terms of the ordering, delivery and use of Cards for the Clients, Card Holders and any Additional Card Holders. These GTC regulate the legal relationship between the Programme Manager and the Client (hereinafter jointly referred to as “Parties”, or singularly as “Party”). The direct legal relationship between the Issuer and the Client is governed by the EMPS Agreement, which is attached as Annex 1 hereto. The direct legal relationship between the Issuer and the Card Holder is regulated by the so-called Card Holder GTC, attached as Annex 5 hereto.
2. The Client, explicitly based on and aware of the regulations of these GTC, concludes the specific order for requisitioning the Service (hereinafter referred to as: „Order”). The Client acknowledges that the Service pertains to engaging and providing a complex service, of which the issue of Electronic Money is only a component. The condition to the provision of the Service per these GTC by the Programme Manager, and of the submission of the Order is the acceptance by the Client of these GTC, the recognition and acceptance of which will be recognized by the Client by the signing of the Edenred Comfort Card Agreement included in Annex 3 to this GTC. Any deviation from this GTC – including its annexes – is only allowed in a specific contract concluded by the Parties in writing. The Client shall not be regarded as a consumer in relation to the Programme Manager.
The Client may place its Order at the site www.edenredonline.hu. By placing the Order, the Client confirms the expressed acceptance of the GTC in force at the time of placing the Order. The Edenred will issue a Pro Forma Invoice within 1 day from the receipt of the Order, according to the content of the Order. Should the Client not settle the Pro Forma Invoice within 30 days, the Edenred will cancel the Order. Edenred will issue the invoice once the countervalue on the Pro Forma Invoice is credited on the bank account of the Issuer. Edenred will manufacture the Card not later than within 10 days from the date the countervalue of the Order is credited on the bank account.
The Client shall place an order to load the Card balance at the same time as ordering the production of the Card, so the amount will be credited concurrently to the manufacturing of the Card.
1. Beyond those specified in point III, the Client shall ensure that in case of a Card order its employee or representative authorised to receive the Card stays at the address agreed as the Place of Delivery at the time of the Delivery (8 AM to 4 PM on weekdays). If the persons authorised to accept the Cards are not present at the delivery address on the day of delivery, the Client shall provide for substitution of the person authorised to accept the Cards by giving authorisation to the substituting person(s) to accept the Cards via a power of attorney given (i) by the person indicated in the company register (ii) or subject to an approval procured in accordance with the internal procedures of the Client, signed by two wittnesses. If the Programme Manager’s agent is unable to hand over the Cards to the Client at the address indicated as Destination due to a reason imputable to the Client, a repeated Delivery may be requested by the Client, in which case the Programme Manager shall be entitled to charge a separate Delivery Charge, regardless of whether it could have charged a transportation fee for the failed Delivery.
2. The Client shall not withdraw the submitted Order after it has been placed and the countervalue per the Pro Forma Invoice has been settled. In such a case, those set out in Clauses VI.9 of these GTC (Crediting of card balance of non- activitad Cards) shall apply.
3. Client shall inform Programme Manager in writing within 5 business days or at the latest within 48 hours preceding the placement of the next Order, whichever is the sooner, of any change to its company name, registered office, phone and fax number, bank account number, or VAT code, and of any change in its contact details, by sending the changed data to the e-mail address ugyfelszolgalat-hu@edenred.com. Programme Manager shall bear no liability for any consequences, including any delays in delivery, arising from omission or late performance of this obligation.
4. The Client shall inform the Card Holders in the Client’s usual, but verifiable manner about the terms and provisions of these GTC applicable to the Card Holders. In failure of this imposes no liability on Programme Manager and the Issuer. Moreover, during the Delivery of the Cards the Client shall make available the Card Holder GTC and the Data Processing Policy to the Card Holder and the Additional Card Holder in a verifiable manner.
5. The Client agrees to inform the Card Holders regarding that by using the Card, the Card Holder agrees to the conditions set out in the Card Holder GTC.
6. The Client agrees to inform the Card Holders regarding that the Issuer does not authorise online/electronic payment transactions for Cards where the Card Holder has not provided his or her mobile phone number for the purpose of completing the Strong Customer Authentication of online/electronic payment transactions or fails to enter the code sent in SMS in the scope of the Strong Customer Authentication. Any blocking of the online/electronic payment transactions due to the Card Holder’s fault shall in no event qualify as faulty performance by the Issuer and the Programme Manager.
1. The Issuer and the Programme Manager is entitled to involve subcontractors into the execution of these GTC. The Issuer and the Programme Manager shall be as liable for any of the subcontractors’ activity as it is liable for its own performance.
2. The Issuer and the Programme Manager shall enable the Card Holder to buy goods from or use services of the Participating Vendors using the Edenred Comfort Cards within the limits of their current balance, in accordance with the laws in force. The Card may only be used at the Participating Vendors that are in contractual relationship with the Programme Manager: https://komfort.edenred.hu/. The Programme Manager accepts no liability for cases when the card company classification of the terminals in the stores is different from what is expected or for any incidental changes in the classification of the stores. The Participating Vendor conducting the transaction and the Card Holder shall be liable for that the card only be used in a lawful manner. The Issuer and the Programme Manager is not entitled to inspect the legitimacy of use, therefore, the Issuer and the Programme Manager shall bear no liability in any direction for any illegitimate conduct of the Participating Vendor or the Card Holder.
1. The Client acknowledges and accepts that the compliance of the Programme Manager with its obligations arising from the Order shall be conditional upon the Client’s full payment for the given Order per the GTC.
2. The Client acknowledges and accepts that the Programme Manager may charge fees and charges for the use of the services set out in these GTC according to the effective GTC. Indexation of the fees and charges in accordance with Annex 7 and the modification thereof within the limits set out in the same does not constitute an amendment of the GTC.
3. The Programme Manager is entitled to charge a Service Fee on each crediting operation of the Card with Electronic Money based on the nominal value of the crediting. In addition, as consideration for the Edenred Comfort Card ordered by Client for the Card Holder, the Programme Mana ger shall be entitled to charge a Card Fee for each Card. The Service Fee is set out in the Comfort Card Contract, while the amount of the Card Fee is set out in Annex 6 to these GTC. The fees related to the Edenred Card Service are set out in the Card Holder GTC, attached as Annex 5 to these GTC.
4. The Programme Manager is entitled to charge a Delivery Fee for the delivery of the Cards ordered by the Client for the Card Holders. The rate of the Delivery Charge is set out in Annex 6 to these GTC.
5. The Client expressly consents to the issuance of electronic invoices (e-invoices) only. The Programme Manager shall send the electronic invoices to the Client automatically, solely from the edenred@szamlakozpont.hu e-mail address, to the e-mail address set out in the contractual datasheet (Annex 3 to these GTC: Specific Card Agreement) as specified by the Client.
Validity of the Card, Expiring Cards
6. The Card shall be valid for 5 years as of the date of issue. The month and year when the Card expires is displayed on the front side of the Card. The Card shall be valid until the end of the 24th hour of the last day of the month of expiry.
7. After the expiry of the Card the Issuer will irreversibly block the Cards belonging to the Client and recorded in its system. The Client may request the redemption of the Electronic Money for a period of 6 years following the expiry date of the Card.
Blocking, Replacement of Cards
8. The Cardholder may report the loss, theft or damage of the Card to the Cardholder’s information line at +36 1 382 4000 concurrently to the notifying of the Client. Cards may be blocked via the online administration platform and the mobile application on the Programme Manager’s website (www.edenredkartya.hu) 24 hours a day per the Card Holder GTC. An activated card may only be blocked y the Card Holder. The Programme Manager undertakes to produce a new Card in case of an order by the Client submitted via the www.edenredonline.hu platform, a reported loss or theft of the Card, or the blocking submitted by the Card Holder, and after the Client’s order, and to make available the full balance of the replaced Card at the time of the blocking for the new Card. As the consideration for the replacement Edenred Comfort Card ordered by the Client for the Card Holder, or for the re-manufacturing of a lost, stolen or damaged Card, the Programme Manager is entitled to charge a Card Replacement Fee for each Card, the rate of which is included in Annex 6 to these GTC.
Crediting of the balance of non-activited cards
9. The Client may reclaim the amount transferred by it and credited solely if the Cards indicated by the Client have not been activated yet, however, the Service Fees Delivery Charges and Card Fees paid by the Client will not be refunded. The Client may initiate the recovery of the credited amount by sending the Programme Manager the form titled “Request for Crediting of Card Balance – non-activated Cards” included in Annex 7 to these GTC filled out and duly signed by the Client. The Programme Manager will charge a handling cost in relation to the crediting of the balance, the extent of which will be specified by Annex 6. The Parties agree that the Programme Manager will proceed in the cases included in this point exclusively to the Client’s request, accordingly, it has no liability in any disputes between the Client and the Card Holder regarding the crediting. If the above conditions are met, the amount minus the handling charge will be credited to the Client’s bank account within 30 days from the receipt of the form per Annex 8 by the Programme Manager.
10. The balance on the Card is associated with a person, and may be used solely by the Card Holder.
1. If the Client or the Card Holder has any observation on the operation of the Card or other issues, they may be reported to the Call Centre provided by the Programme Manager:
Edenred Customer Service phone number: +36 1 413 3333 (opening hours available on the www.edenred.hu website).
Balance Inquiry is available to Card Holders 24 hours a day, call the phone number +36 1 382 4000 (Edenred Card Info Line).
Lost or stolen Cards may be blocked on the website www.edenredkartya.hu 24 hours a day. Also here, you can use the function designed for the case where you forget your PIN code 24 hours a day.
2. The Programme Manager provides further information regarding the Service provided by Edenred (phone numbers, contact details, business hours etc.) at the www.edenredkartya.hu or www.edenred.hu websites.
1. The Programme Manager shall process and use the personal data required in order to provide the Service under these GTC (card ordering, card crediting and card renewal) and acquired by it during the performance thereof per the data protection regulations in force. The legal grounds for data processing are constituted the performance of the Contract [Article 6 (1) (b) of the GDPR].
2. Detailed rules of data processing related to the Card Holders’ personal data are provided in the Data Processing Policy, included in Annex 2 to these GTC.
3. The Parties agree that the Programme Manager and the Client shall qualify as data controllers with regard to the processing of the personal data related to the provision of the Programme Manager’s services. More precisely, the Programme Manager shall qualify as Data Controller from the time of receipt of the personal data from the Client. The Parties shall comply with their obligations arising from the GDPR and any other relevant legislation applicable to the data processing activities conducted under these GTC. The detailed agreement regarding the processing of personal data is set out in Annex 4 to these GTC.
1. These GTC will enter into force on 1 November 2021 and will be an inseparable part of any contract or Order concluded in relation to the issuance of the Edenred Comfort Card and its crediting with Electronic Money. Any verbal or written representation between the Parties entered before the signing of the contract executed on the basis of these GTC shall become void when the contract is signed; the Parties’ legal relationship shall be governed exclusively by the GTC and the relevant contract.
2. The text of the GTC as applicable from time to time shall be disclosed on the www.edenred.hu website.
3. The Programme Manager shall have the right to amend these GTC unilaterally, which amendment shall be published on its website at least 15 days before it enters into force, and shall also disclose information on the modification on the www.edenred.hu website. Inasmuch as the Client does not address any objection in writing, the modifications of the GTC shall be considered as expressly accepted by the Client. After the modification of the GTC enters into force, the legal relationship between the Parties, including the subsequently submitted specific Orders, will be governed by the provisions of the modified GTC.
4. The Parties may diverge from the GTC including its annexes only by in writing in the specific contract.
5. Communication between the Parties relating to this Contract and the performance of the same is possible via the contact details verbally (word of mouth, by phone), in e-mail or in writing. E-mail communication is not considered written communication, excluding the declarations made in e-mail and provided with an electronic signature of enhanced security. Communications shall be considered delivered as follows: in the case of post with confirmation of receipt, on the date of refusal if acceptance is refused; on the 10th business day following the first delivery attempt, if post is returned with the mention “unclaimed”; on the 10th business day following posting, if post is returned with the mention “insufficient address” caused by error in data communicated by the addressee. The Client undertakes that if the Programme Manager employs Magyar Posta Zrt. or any courier service, the Client may not claim not having received a notification on the failure of the attempt to deliver by the service provider involved.
1. The contract made under these GTC shall be for an indefinite term and may be terminated by the Parties with a 60-day notice posted in mail with acknowledgement of receipt. In the event of the material breach of an essential provision of this contract, the aggrieved Party shall be entitled to terminate the contract with immediate effect. In the event of the termination of the Contract, the Parties shall settle their accounts towards each other within 30 days from the date of termination.
2. Matters not regulated in this contract shall be governed by the relating provisions of Act V of 2013 on the Hungarian Civil Code and other Hungarian legal regulations.
3. In the case of a legal dispute, the regular Hungarian Court competent according to the Programme Manager’s registered office shall have exclusive competence.
4. For the purpose of the Contract between the Parties, any (legal) declaration shall be considered executed in written form solely if it is signed by the Party making such declaration.
5. Solely the Parties’ representatives authorised to sign for the company or people authorised in writing by them shall be considered to be the Parties’ representatives. By entering the contract, each of the Parties’ representatives declare and confirm that he/she has unrestricted rights to enter, sign and perform the contract; moreover, he/she represents and warrants that full performance of the agreement and of the related obligations and documents shall be valid and binding obligations upon the Client both at the time of signing and continuously during the term of the contract.
6. The Services provided in the Contract between the Parties are divisible.
7. In every case, Parties are shall inform each other immediately if the performance of any obligation undertaken in the Contract is expected to face obstacles.
8. The Client shall be entitled to assign its rights under the contract solely with the Programme Manager’s prior written consent.
9. The Parties’ Contract shall not incorporate any practices whose application the Parties agreed on or established during their prior business relationship. Furthermore, the Contract shall not incorporate any practices widely known and regularly applied by parties to similar contracts in the given business sector.
Date: Budapest, 15 October 2021
This EMPS Agreement forms the general terms and conditions which are intended for using the Regulated Services provided by PPS EU or Edenred acting as its Agent, in connection with the Programme designed and managed by Edenred. By commencing or continuing to engage in using the Programme, Company agrees that it has read, understood and accepted all the provisions of this EMPS Agreement, and agrees to be bound by this Agreement, including any policies and procedures available or further communicated by PPS EU or Edenred, which may be updated or changed from time to time.
1. Definitions
When used in this Agreement the words and expressions with their first letter capitalized shall, unless the context requires otherwise, havethe respective meanings set against them below:
Access Code: any information required to access the Company Portal, Cardholder Portal and/or use the Programme or services;
Affiliate: any person or entity directly or indirectly controlling, controlled by or under common control with one of the Parties;
Agent: Edenred acting locally on behalf of PPS EU EU for the provision and/or distribution of certain Regulated Services, where necessary.
Authorisation: the process of validating that the Balance available on the Master Account or any Cardholder Sub- Account is sufficient, at the time when a Transaction is initiated or an associated Card is used;
Balance: the amount shown as being held in Company’s Master Account or any Cardholder Sub-Account at that time. Company and Cardholders may access their respective Balance through the Company Portal and the Cardholder Portal.
Card: any e-money Card issued pursuant to this Agreement or any other digital payment instrument,
Card Available Balance means the value of funds loaded onto the Card and available for use;
Cardholder: any individual to whom a Card is duly allocated by the Company, in the context of the Programme and solely for usage in accordance with the applicable Cardholder Terms and Conditions.
Cardholder Portal: the online web portal that Cardholder may have access to, in order notably to manage their Card (activating, blocking), review their personal information, check their Transactions history and reach Customer Support.
Cardholder Terms and Conditions: agreement between PPS EU EU and the Cardholder which Cardholders need to adhere to in order to use their Card and benefit from the Programme.
Company Account: Where applicable and depending on the Programme, a technical account created by Programme Manager for the Company. Company Account is associated to the Master Account and, depending on the permission level, may also have associated Sub-Account. Company Account may be accessed on and managed in the conditions set out in the Programme Agreement.
Company Account Balance: value of funds loaded onto the Company Account and available for use.
Company Portal: the online web portal, or any other interface that Company may have access to, in order notably to manage Cards (ordering, blocking), load any given amounts on its Master Account, review its Transactions history and reach Customer Support.
Customer Support: means the telephone number (+36 1 413 3333) which may be called to obtain further information or raise queries about this EMPS Agreement or Regulated Services.
Edenred: Edenred Magyarország Kft.
Edenred Website: www.edenred.hu
E-money: the electronic money associated with the Cards (as defined in Directive 2009/110 EC and The Electronic Money Regulations 2011 no.99).
EMPS Agreement (or Agreement): this agreement, as varied from time to time.
Force Majeure event: circumstance beyond a Party’s reasonable control, including, without limitation: acts of God, disease, war, terrorism, riot, civil commotion or sabotage, bank insolvency, labour troubles such as internal and external strikes including in particular bank strikes, lock-out, and/or other labour troubles causing cessation, slow-down or interruption of work, delay or failure of carriers, subcontractors or suppliers, expropriation, condemnation of facilities, national or state emergencies, economic sanctions, floods, droughts or other adverse weather, fires, explosions or other catastrophes, electricity outage, telecom network outage, payment systems and bank information systems outage (whether in whole or in part), and including any pandemic, actions or decision of Payment Networks, and any legislation, act, order, directive, regulation, legal prohibition or decision of any government, governmental body or competent regulatory authority;
Legal, Regulatory and Payment Network Requirements: all applicable laws and regulations (and especially Belgium laws) in force from time to time, applicable to the Programmes and the Services, including all guidance issued by the National Bank of Belgium or any other competent regulatory authority or agency in any other jurisdictions where Cards and/or Accounts are issued or distributed.
Legal Representative: the authorised and mandated signatory of the Company with full authority to bind the Company in respect of this EMPS Agreement and all related documentation.
Mastercard: Mastercard International whose head office is at 2000 Purchase Street, Purchase, New York 10577 USA and all Affiliates of Mastercard
Master Account: the account opened and held by PPS EU EU under Company name for the purposes of the Programme.
Merchant: means an entity that accepts payment by Cardholder through Cards at such entity’s physical locations, mobile applications, mobile sites and/or websites (as applicable).
Payment Services: pursuant to definition in European Directive 2009/110/CE from European Parliament and of the Council (1) transfers of funds from the Master Account opened and held with PPS EU, acting as Payment Services Provider and (2) management of the Master Account, including using a Card or any similar payment method;
PIN: Personal identification number for use with the Card.
Programme: the “Benefit Card” programme, designed and managed by the Programme Manager, as further described in the Programme Agreement.
Programme Agreement or Commercial Agreement: means the separate agreement between the Programme Manager and Company which is not part of this Agreement, governing the commercial and operational aspects of the Programme and other relevant terms and conditions (such terms and conditions not forming part of this EMPS Agreement and not relating to the provision of regulated Services by PPS EU).
Programme Owner: Edenred Magyarország Kft.
Regulated Services: depending on the Programme, the issuance of E-Money, the issuance and management of Cards (or any other payment instrument) and payments services by PPS EU EU to the Company and associated E-money or Payment Services.
Sub–Account: the dedicated account linked to a Card for the purposes of the Programme.
Terms and Conditions: agreement governing the use of the Card between PPS EU EU and the Cardholders in relation to the Programme.
Transaction: any one or more of: (1) payment with a Card; (2) adding of value to the Company Master Account; (3) refund, refusal and/or cancellation; and (4) transfer of value between a Master Account and an associated Sub- Account.
2. Purpose of EMPS Agreement
2.1. This EMPS Agreement governs the conditions under which PPS EU EU provides Regulated Services, either directly or through Edenred acting as its Agent, to the Company within the context of the Programme.
2.2. The Company agrees that E-Money will be issued only by PPS EU EU to the Company if the Company has previously signed a Programme Agreement with Edenred.
2.3. The Parties acknowledge that in order to provide the Services, PPS EU EU and Edenred are dependent on certain actions by Company as well as certain approvals, support and other services. Without prejudice to the relevant regulations, PPS EU and Edenred shall not be liable under this EMPS Agreement or otherwise, to the extent that any failure to provide the Regulated Services is caused in whole or in part by failure or delay by Company or any cause that is not within PPS EU EU or Edenred’s control and/or contractual responsibility.
2.4. The Company shall comply with all reasonable instructions given by PPS EU EU or Edenred with respect to Regulated Services associated to the Programme (including but not limited to Cards, Transactions and/or access to the Company Portal) or as notified by PPS EU EU or Edenred to the Company from time to time.
2.5. The Cards, once properly activated, in accordance with the activation process set out below, will be capable of being used by Cardholders at any applicable Merchant for the purpose and in the conditions set out both in the Programme Agreement and Cardholder Terms and Conditions.
2.6. All legal rights (including legal title) associated with the Regulated Services will remain with the Company and will not pass to any Cardholders under any circumstances, save that legal title for the Cards shall remain with PPS EU.
3. Term
3.1. This Agreement shall commence and continue for the whole duration of Programme Agreement. The entire duration of this Agreement, including any termination notice period will be referred to as the “Term”.
3.2. Provided that neither the Programme Agreement nor this EMPS Agreement has been terminated, and subject to all outstanding fees being paid in full by the Company to PPS EU and Edenred where applicable, any remaining value on an expired Card may be transferred to a new Card.
4. Service beneficiaries
4.1. In order to enable the provision of Regulated Services to Cardholders, Company hereby warrants that its execution of this EMPS Agreement is binding on itself and on each Cardholder to whom Company allocates a Card or otherwise grants access to the Programme.
4.2. Company undertakes to transfer Cardholders Terms and Conditions to Cardholders in order to enable them using the Regulated Services. The Company is liable for the acts and omissions of Cardholders.
4.3. The Company is liable for any breach of terms of usage of Cards and any loss or damage that results from any unlawful use of a Card.
5. Company Account Activation and access to Company Portal
5.1. Where applicable to the Programme in order to open a Company Account and, the Company shall follow the Company Account Activation procedure set out in the Programme Agreement and in particular provide all the relevant supporting documents which are attached to such document, as well as any other additional information which may be asked by PPS EU and/or Edenred from time to time.
5.2. Where applicable to the Programme and upon proper Company Account Activation, Programme Manager shall grant Company Access Code and direct access to the Company Portal described in the Programme Agreement.
5.3. Access Code is personal and strictly confidential. Company is responsible for maintaining adequate security and control of any and all passwords, personal identification numbers (PINs), or any other codes that is used to access the Programme or the Company Portal. Where applicable to the Programme, Company should be particularly diligent with ensuring the confidentiality of any access information which may be used to access the Company Portal.
5.4. The Company Account and, where applicable, the Master Account of the Company may only be used by Company or on its behalf by authorized users, designated in accordance with the provisions set forth in this section. Company shall be responsible for ensuring that all Company’s obligations under this EMPS Agreement are fully adhered to any of its authorized users using the Company Portal. Granting permission to any user to take specific actions on its behalf does not relieve Company of any of its responsibilities under this Agreement.
5.5. Where applicable to the Programme, Cardholder specific Sub-Account may only be used by duly authorised Cardholders. Detailed instructions on how Company may associate and authorise individual users with a particular Sub-Account shall be notified by PPS EU or Edenred to the Company and/or be available on the Programme Agreement.
5.6. Company hereby fully understands and agrees that the Regulated Services, Cards and/or Company Portal linked to the Programme, whether individually or collectively, enables access to a payment method. Company therefore must be particularly diligent with ensuring the confidentiality of any access information which may be used to such effect.
5.7. Company, and all authorized users are also responsible for keeping email addresses, street addresses and all other contact information up to date in the profile tab available respectively on the Company Portal and on the Cardholder Portal. Such information is required to ensure the proper use of the Programme. It is Company and Cardholders ‘responsibility to regularly verify the information in their respective platforms and to modify it where necessary.
5.8. Company is also responsible for keeping the bank accounts associated with its Master Account and Sub-Accounts up to date in its Company Account profile.
5.9. Company and/or Cardholders must immediately notify the Programme Manager in case of potential or actual Access Code theft, loss, confidentiality breach, risk on operations, or where it has a need to revoke an access on the relevant portal. It is expressly understood that in no circumstances may PPS EU or Edenred be held liable (i) for the consequences of actions of Cardholders or authorized users which were not authorized by the Company, and carried out on the Company Portal prior to the notification to PPS EU or Edenred; and (ii) for the consequences of blocking or revoking a Company Portal or Cardholder access upon Company’s instructions.
6. Card ordering
6.1. Cards can be ordered by the duly authorised Legal Representative or any of its employee which has been authorised to do so through a specific assignment by the Company.
6.2. Company agrees that Cards will be issued by PPS EU subject to the following :
▪ if Company complies with the dedicated procedure set out in the Programme Agreement; and
▪ only if Company either has previously signed or is concurrently signing a Programme Agreement with Programme Manager ; and
▪ for the sole purpose of the Company’s allocating Cards to Cardholders who, by virtue of their contractual relationship with the Company, are allowed to use the Cards and/or benefit from the Regulated Services in the context of the Programme.
6.3. Cards are issued by PPS EU to the Company, pursuant to a licence from Mastercard and in collaboration with Programme Manager. As set out in the description of the Programme, the Cards may be limited, notably in terms of loading and use (regarding for instance the Payment Network, number of operations, or the maximum amount of funds concerned by said operations). Any other restrictions or specifically set out in the description of the Programme, and/or in the Cardholders Terms and conditions must be observed by Company and Cardholders.
6.4. Company agrees that it is responsible for communication of all terms of usage in respect of the Cards and Cardholder Portal to the Cardholders and to any other persons employed or used by the Company in connection with the Programme.
6.5. Each Card shall be used solely by the Cardholder to whom it was assigned and shall not in any circumstances be sold or given to any other person unless agreed in writing with Edenred.
6.6. A Card is valid until the expiry date shown on the front of the Card and can in no circumstances be used after its validity has expired. The use or attempted use of an expired, revoked or cancelled Card, without prejudice to any other obligations that flow from such usage, may have criminal implications and PPS EU reserves its rights to report any such usage in accordance with the Legal, Regulatory and Payment Network Requirements
6.7. The Company agrees it will inform PPS EU (by writing to Edenred) without delay of the termination of any contract of a Cardholder. Where this results in a Cardholder no longer being entitled to use a Card, PPS EU will block the Card after it receives such notification.
7. Loading funds to Master Account or Cards
7.1. For programmes using a Master Account, upon Company request, and subject to due observance of all rules and procedures described in the Programme Agreement, particularly with regard to supporting documents and such other documentation requested by PPS EU and/or Edenred from time to time (as may be required to meet Legal, Regulatory and Payment Network Requirements), PPS EU shall open a Master Account, in the name of the Company.
7.2. Master Account is:
• an electronic money account the currency of which is indicated in the Programme Agreement or in the Programme GTC, without overdraft facility;
• opened by PPS EU in the name of the Company concurrently to Company Account creation;
• strictly reserved to Company and its authorized users for the sole purpose of benefiting from the Programme and enabling Transactions with Cards or any other identified payment method.
7.3. Company may load its Master Account or any of its selected Sub- Accounts (if any) and/or Card (as applicable) by transferring funds to the bank account it has been notified. Company is responsible for adding only such amounts to its Master Account or Cards as are reasonably necessary for its anticipated use.
7.4. The amount received through wire transfers on the Master Account are credited on the Account or Cards by the end of the next business day following the wire transfer reception by PPS EU and will be reflected in the Company
available Balance, except in case of rejection of the wire transfer or any further need for compliance checks, especially in terms of Legal, Regulatory and Payment Network Requirements.
7.5. If Card Available Balance is insufficient, Transaction shall not be authorised by PPS EU. In no event may PPS EU or Edenred be held liable for the consequences of refusing to perform a payment due to an insufficient Balance on the Company Master Account.
8. Card payments and Transactions
8.1. Cards can only be used in the context of the Programme and for the specific purpose listed in the Programme Agreement and only by the Cardholders duly designated by the Company. The Company must ensure that Cards are only used in compliance with Legal, Regulatory and Payment Network Requirements, including ensuring that Cards are not used for ant for of financial crime or tax evasion. Detailed instructions on how Company and Cardholders shall use the Cards to make purchases compliant with the Programme for which they are issued are detailed on dedicated Programme description and Cardholders Terms and Conditions.
8.2. The value of Transactions made with the Cards will be deducted from Card Available Balance or on the same day the Transaction takes place or as soon as possible thereafter. If, at any one time, the value of Transactions made with the Cards (including any applicable fees or commissions) exceeds the Card Available Balance, such Transaction shall not be authorised.
8.3. Before initiating any Transaction or Card-based payment, Company therefore undertakes that the funds in its Master Account or Card are sufficient to cover such Transaction.
8.4. Any Transaction or payment initiated using a Card, a PIN number or similar methods will be deemed to have been performed by the Cardholder and duly approved by the Company.
8.5. Neither PPS EU nor Edenred can guarantee a payment made from a Card held by a Cardholder will be accepted by a Merchant.
8.6. Upon authorisation of a payment, the value of such Transaction initiated with the Card will be subtracted from the Balance of the Card and will not be available for any other Transactions.
8.7. In no circumstances may a payment authorisation be withdrawn (or revoked) by the Company or any Cardholder. Once a payment has been authorized, neither PPS EU nor Edenred can stop it from being effected, nor in no circumstances may PPS EU nor Edenred be held liable for the consequences of effecting a Transaction pursuant to Company or Cardholder authorization.
8.8. Programme Manager and PPS EU shall in no event be held liable regarding any dispute of commercial nature between the Company, its Cardholders and Merchants accepting Cards or participating in the Programme.
9. Balance and Transactions History
9.1. Company may access the Card Available Balance or Balance available on its Master Account, as well as its Transactions statement on the Company Portal. For archiving purposes, the Customer may export or directly print the history of its Transactions.
9.2. Cardholder may access the Card Available Balance as well as its Transactions statement on the Cardholder Portal (if any).
9.3. Company agrees to regularly check its Card Available Balance or its Master Account (at least once a month) to be able to check the history of its Transactions and ensure the accuracy of such information. In the event Company detects an error, it must inform PPS EU or Edenred immediately by following the instructions given on the Programme description.
9.4. Company will be deemed to have formally and irrevocably accepted a Transaction eight (8) weeks after execution of this Transaction by PPS EU and availability on the statement on its Account. After such period, Company will no longer be able to make any claim relating to this Transaction.
10. Liability
10.1. The liability provided for in this article does not apply to Cases of Force Majeure or when PPS EU and/or Edenred are bound by other legal obligations provided for by national or European legislation.
10.2. If a Transaction is made that requires use of a Cardholder’s PIN, then the Company and the Cardholder will be deemed to have authorised that Transaction, and both the Company will be held liable for any Transaction made with a PIN.
10.3. In case of unauthorized payment notified quickly by Company or a Cardholder, and within a maximum delay of 13 months from the date of debit on the Card or Company Account Balance or Cardholder Sub-Account, PPS EU will reimburse the Company for the amount of the unauthorized payment immediately after becoming aware of or informed of the operation, and in any event no later than the end of the next business day, unless PPS EU has reasonable grounds to suspect fraud of the Company and subject to written communication of these reasons to the local supervisory authority. In case of reimbursement, PPS EU will reinstate the debited Payment account as it would have been, had the unauthorized payment operation not taken place.
10.4. When Company or Cardholder denies having authorized a payment Transaction that has been executed or claims that a payment Transaction has not been executed correctly, PPS EU has to prove that the transaction has been authenticated, duly recorded and accounted for and that it was not otherwise affected by a technical issue.
10.5. If, for any reason, PPS EU fails to recover the disputed funds, PPS EU shall make available to Company upon request, all information at its disposal that can document the legal action to track and recover the funds.
10.6. Recovery charges may be applied, in accordance with Programme Agreement.
11. Change in the Agreement and Services
11.1. PPS EU may, on two (2) months’ notice to the Company, change to the terms and conditions of this EMPS Agreement, including charges, fees and limits, by posting an amended version on the Company Portal and/or by letter and/or e-mail to the Company where appropriate. To this end, it is agreed that such change will be deemed to be necessary:
11.1.1. to reflect the introduction or development of new systems, methods of operation, services or facilities;
11.1.2. to reflect a change or an expected change in market conditions, general good practice or the cost of providing services to PPS EU’ customers;
11.1.3. to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
11.1.4. to ensure that PPS EU’ business is run prudently and remains competitive;
11.1.5. to take account of a ruling by a court, ombudsman, regulator or similar body;
11.1.6. to make the terms and conditions fairer or clearer for the Company/Cardholders;
11.1.7. to rectify any mistake that might be discovered in due course;
11.1.8. by agreement with the Company; or
11.1.9. to enable PPS EU to harmonise its banking interest or charging arrangements.
11.2. PPS EU or Edenred will give the Company two (2) months’ notice by email of any change in fees or service levels included in these terms and conditions.
11.3. The Company agrees to inform Cardholders of any changes to the terms and conditions of this Agreement which may affect them.
11.4. PPS EU or Edenred may also operate changes or implement additional limitations to the Programme, definitive or temporary, without notice to the Company in the following cases (i) due to in case of a change in Legal, Regulatory and Payment Network Requirements applicable to the Cards or Regulated Services (“Changes”); and/or (ii) for security or risk reasons (for example to avoid or reduce risks of fraud or prevent potential threats to the Programme or to prevent financial crime). In such cases, PPS EU or Edenred shall notify the Company promptly and by any means of such Changes.
12. Limitation of liability
12.1. Neither Party will be in breach of this Agreement or otherwise liable to the other to the extent that the failure of such Party to meet its obligations was due to the negligence of the other Party or to the other Party’s failure to comply with its obligations under this EMPS Agreement. Where any such circumstances apply to any time scale or deadline imposed on such Party under this Agreement, such period of time will be extended accordingly.
12.2. In case of inability for the Company to access the Company Portal (if any) or use its Company Account for technical reasons that are PPS EU or Edenred responsibility, PPS EU or Edenred liability will be limited to remedy the technical issues.
12.3. PPS EU and Edenred will not be liable to the Company under this Agreement for any indirect damages or consequential loss, including loss of revenue, loss of use, loss of data, loss of profit, loss of business opportunity, loss of clients, loss of goodwill, loss of reputation, or any other economic advantage arising out of, or in any way connected with this EMPS Agreement, regardless of cause.
12.4. The Company agrees that PPS EU’ liability in connection with this EMPS Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.4.1. PPS EU is not liable for any loss or damage caused by unauthorised access to the Portal by a Cardholder or any other person connected with the Company;
12.4.2. Neither PPS EU nor Edenred have any responsibility for any illegal or unauthorised use of the Cards by Cardholders;
12.4.3. PPS EU has no responsibility for any dispute between the Company and a Cardholder regarding the usage of Cards;
12.4.4. PPS EU is not liable for any default resulting directly or indirectly from any cause beyond its control, including but not limited to, a lack of funds and/or failure of network services and failure of data processing systems;
12.4.5. If a Card is faulty due to a PPS EU default, our liability shall be limited to replacement of the Card;
12.4.6. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud or for any liability which under the relevant payments and e-money regulations cannot lawfully be excluded;
12.4.7. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded;
12.4.8. The above exclusions and limitations set out in this paragraph 12 shall apply to any liability of PPS EU’ affiliates such as Edenred, Mastercard, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to the Company, which may arise in connection with this Agreement.
12.5. The Company shall be liable and indemnify and hold harmless PPS EU and Edenred against any claim, loss, cost, liability, damage, fine, penalty and other amounts, howsoever arising, as a result of a (1) failure of the Company to comply with this EMPS Agreement, any instruction it has been given by Edenred, and/or any security requirement regarding access and use of the Regulated Services, Cards, Portal and its functionalities and (2) any form of financial crime committed by the Company or any cardholder in connection with the Programme.
13. Fraud Liability
13.1. Company acknowledges and accepts that Company shall be liable to and hereby indemnifies and holds PPS EU and Edenred harmless for and against all costs, losses, liabilities or expenses incurred by PPS EU or Edenred in relation to any fraud perpetrated in respect of the Programme (i) by any member or members of Company staff; or (ii) by any of Company customers, retailers, agents or contractors; or (iii) by any Cardholder or; (iv) via the Company systems (provided that such fraud is not perpetrated by a member of PPS EU or Edenred’s staff or Mastercard); or
(v) by the intended or unintended recipient of any Card issued where the Company has been negligent.
13.2. Where Company becomes aware that a fraud has occurred, it agrees to immediately notify PPS EU or Edenred of such fraud. The Parties shall collaborate together and take all commercially appropriate steps to prevent recurrences of the fraud in collaboration with the other Party.
13.3. If PPS EU needs to investigate a Transaction on a Card then the Company will cooperate with PPS EU, the police or any other authorised body as required, and will procure any such cooperation from all relevant Cardholders.
13.4. Company shall be liable to PPS EU and Edenred for any loss incurred by PPS EU or Edenred which is a consequence of fraud and shall make payment to PPS EU or Edenred (as applicable) within fifteen (15) days following receipt by Company of an invoice from PPS EU or Edenred.
14. Legal, Compliance and Security
14.1. Company understands and agrees that the provision of the Programme and Regulated Services will be subject to Legal, Regulatory, and Payment Network Requirements. Company undertakes to comply with all instructions it has been communicated by PPS EU or Edenred and which enables PPS EU and/or Edenred to comply with their own Legal, Regulatory, and Payment Network Requirements.
14.2. Each Party will protect the security of its systems in accordance with good industry practice and will inform the other as soon as reasonably practicable of any breach of security.
14.3. In case of Card loss, theft, suspected fraud, loss of confidentiality of the Card information, Company must immediately notify Edenred and require the immediate blocking of the Card.
14.4. In case the Company was given access to a Company Portal for the purpose of the Programme, the Company must immediately notify Edenred in case of credential theft, loss, confidentiality breach, risk on operations, or where it has a need to revoke an access.
14.5. Pursuant to the above, Company will action any reports of lost, stolen or fraudulent usage of Cards it receives from Cardholders by immediately notifying PPS EU or Edenred of the affected Card/s immediately using the Company Portal. PPS EU may restrict or refuse to authorise any use of a Card if using the Card is causing or could cause a breach of this EMPS Agreement or if PPS EU has reasonable grounds for suspecting that either the Company, a Cardholder or a third party has committed or is about to commit a fraud or other abuse in connection with a Card.
14.6. For the purpose of notifications above, PPS EU or Edenred shall be notified following the process described in the Programme Agreement.
14.7. It is expressly understood that in no circumstances may PPS EU or Edenred be held liable for the consequences of blocking a Card or revoking a Portal access upon Company’s instructions.
15. Data Protection
15.1. For the purpose of this Article, the terms “Personal Data”, “Controller”, “Processor”, “Processing”, “Data Subject”, “Personal Data Breach”, “and “Supervisory Authority” have the meaning given to these terms in article 4 of the GDPR.
15.2. The purpose of this Article is to define the conditions under which the Parties share Personal Data so that PPS EU and Edenred can provide the services described in this EMPS Agreement (hereafter the “Services”). In the context of the provisions of the Services, PPS EU and Edenred need to access and to process personal data of the Company and of the Cardholers, end-users of the Edenred’s solution, such as personal details, employment details [TO BE COMPLETED BY OTHER PERSONAL DATA CATEGORIES IF APPLICABLE AND/OR MODIFIED IF NOT RELEVANT] (hereafter
“Personal Data”).
15.3. The Parties agree that, in relation to the Processing of Personal Data for the Services provided in this EMPS Agreement, Edenred and the Company are both Controllers. More particularly, Edenred acts as a Controller as from the moment it receives the Personal Data from Company. Each Party shall comply with its obligations set forth in the GDPR and in any other potentially applicable law/regulation implementing the same (hereafter the “DP Legislation”) applicable to Personal Data processed in the framework of this EMPS Agreement.
15.4. Edenred and, through its intermediary, PPS EU shall use Personal Data solely for performing their respective obligations under the EMPS Agreement or as otherwise instructed in writing by the Company. Edenred shall inform the Company if, in its opinion, there is a risk that an instruction given by the Company could give rise to a breach of DP Legislation. If Edenred or PPS EU want to Process the Personal Data for any other purposes, it is their own responsibility to ensure the lawfulness of such Processing and to comply with all other requirements under DP Legislation.
15.5. Each Party shall implement and maintain appropriate technical and organisational measures in such a manner that Processing will meet the requirements of DP Legislation, and ensure the protection of the rights of the Data Subjects. Each Party shall maintain a record of the Processing carried out on behalf the other, in a readable format and in a manner consistent with article 30 of the GDPR.
15.6. Each Party agrees that it is solely responsible for providing all the information required pursuant to DP Legislation to Data Subjects concerning each Party respective Processing activities. Edenred and PPS EU may rely on the Company to ensure that the proper information is received in due time by Data Subjects. As such, the Company warrants to PPS EU and Edenred that (a) it has informed the Data Subjects of the characteristics of the Personal Data Processing in line with DP Legislation, notably by transferring them the Cardholder T&C’s or any other end- user terms and conditions of the solution [PLEASE INDICATE THE NAME OF ANY OTHER DOCUMENT IN WHICH THE INFORMATION NOTICE IS INSERTED] attached to this Agreement and (b) it has obtained the Data Subjects’ prior consent before sending its personal data to Edenred or the Data Subjects did not object to such Processing. The Company also warrants it has provided PPS EU and/or Edenred with relevant, accurate and up-to-date Personal Data. As a consequence, the Company shall hold harmless and defend PPS EU and Edenred against any claim arising from any unauthorised Personal Data transmitted by the Company to PPS EU or Edenred.
15.7. Edenred is responsible for and shall respond to Data Subjects exercising their statutory data protection rights related to the Services provided by Edenred, including notably the rights to access to, rectify, or object to the use of Personal Data, etc., under the conditions detailed in the Cardholder T&Cs [PLEASE INDICATE THE NAME OF ANY OTHER DOCUMENT IN WHICH THE INFORMATION NOTICE IS INSERTED].
15.8. Each Party shall implement and maintain, at its own costs and expense, appropriate technical and organisational measures, to ensure a level of security appropriate to the risk resulting from the Personal Data Processed related to the Services, in particular to protect it from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, and access to. Edenred and PPS EU shall disclose Personal Data only to their employees, agents who have a need to know for the performance of the Services and comply with confidentiality and data protection obligations or are under appropriate statutory obligations of confidentiality.
15.9. Each Party shall promptly notify the other Party after it has become aware of a Personal Data Breach related to the Services provided by PPS EU or Edenred. The Party responsible for notifying the Personal Data Breach to the competent supervisory authority and/or the Data Subjects, where applicable, will depend on the Processing impacted by the Personal Data Breach. In any case, the Parties shall cooperate in good faith to address the matter and to limit the potential consequences for the Data Subjects.
15.10. Upon prior written request by the Company, Edenred and PPS EU agrees to cooperate and, within reasonable time, to provide the Company with all information necessary to demonstrate PPS EU and Edenred’s compliance with its obligations under this Article and under DP Legislation more generally.
15.11. The Company expressly authorises Edenred and PPS EU to subcontract any of their obligations as regards Personal Data in the context of the provision of the Services. When sub-contracted, Edenred and PPS EU warrant that (a) they impose the processor to comply with DP Legislation, (b) they remain liable for the performance of the subcontracted obligations, (c) they will provide the Company a list of processors upon written request. The Company also expressly authorises Edenred and PPS EU to transfer the Personal Data Processed in connection with the Services outside the European Economic Area (EEA) in accordance with DP Legislation (e.g. by executing relevant EU model contract or any other mandatory document).
15.12. After the end of the provision of the Services, Edenred and PPS EU shall delete Personal Data related to the provision of the Services, together with any copies and extracts, or return all Processed Personal Data to the Company and/or Data Subjects and delete all existing copies and extracts of the same. Notwithstanding the above, Edenred and PPS EU shall be authorised to retain copies of Personal Data if it is required by applicable law to retain it, if the Personal Data is lawfully Processed for any other purpose, or if the retention may be necessary to
protect and enforce its rights under this Agreement (e.g. in the context of legal proceedings, regulatory investigations or similar events).
16. Fees
16.1. The fees and charges relating to the Programme shall be set out directly within the Programme Agreement.
17. Termination or Suspension
17.1. PPS EU can terminate this Agreement at any time:
17.1.1. with immediate effect if the Company or a Cardholder has breached this Agreement; or
17.1.2. if it has reason to believe that the Company or a Cardholder has used, or intends to use the Card in a negligent manner or for fraudulent or other unlawful purposes or if PPS EU can no longer process Transactions due to the actions of third parties.
17.2. PPS EU can terminate this Agreement at any time with a two (2) months notice.
17.3. PPS EU can suspend a Card at any time with immediate effect (and until a default or risk has been remedied or the Agreement terminated) if:
17.3.1. it discovers that any of the information about the Company or a Cardholder that was provided to it was incorrect; or
17.3.2. a Transaction has been declined because of a lack of available Balance;
17.3.3. a Cardholder or the Company has breached this Agreement or
17.3.4. in the reasonable opinion of PPS EU, necessary to prevent and/or mitigate the risk of fraud or financial crime; or
17.3.5. PPS EU has reason to believe that a Cardholder or the Company has used, or intends to use the Card in a negligent manner or for fraudulent or other unlawful purposes or if it cannot process Transactions due to the actions of third parties.
17.4. In the event that any additional fees and/or charges are found to have been incurred on the Cards following termination of such EMPS Agreement, the Company shall repay to PPS EU or Edenred any sum which relates to a withdrawal on a Card or fees and/or charges validly applied whether before or after termination. Edenred will send an invoice to the Company and will require the Company to repay it within 14 days. Should the Company not repay this amount within 14 days of receiving an invoice from Edenred it reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.
18. Refunds
18.1. Upon termination of this EMPS Agreement and in respect of each card, Company may request for a refund of all available funds on its Card or Master Account.
18.2. Refunds of the Balance can only be initiated by Company through the Portal or in writing, by following the procedures detailed on the Programme Agreement. Refund procedure may entail reasonable fees, specified in the Programme Agreement.
18.3. All refunds will be transferred to the bank account provided by the Company’. PPS EU or Edenred reserve the right to seek proof of Company’s ownership of the bank account before transferring funds to it. For purposes of compliance with applicable laws, Company may be asked to provide certain information before refund can be processed.
18.4. Amounts will be transferred to the identified bank account on the conditions and within the time limits indicated on the Portal or any other applicable procedure.
18.5. PPS EU or Edenred may refuse to effect a refund or may decide to withhold or delay refunding for the purposes of security or compliance with Applicable Laws and in particular with AML / CTF Laws.
19. Complaints handling procedure
19.1. All complaints will be subject to the procedure set out in the Programme Agreement or Terms and Conditions.
20. General
20.1. Any delay or failure to exercise any right or remedy under this Agreement by PPS EU or Edenred shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
20.2. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
20.3. The Company may not assign or transfer any of its rights and/or benefits under these terms and conditions and the Company shall be the sole party to this Agreement. The Company will remain liable until all Cards issued to Cardholders are cancelled or have expired and all sums due pursuant to this Agreement have been paid in full.
PPS EU may assign its rights and benefits at any time without prior written notice to the Company. PPS EU may subcontract any of its obligations under this Agreement.
20.4. No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions, save that Edenred and Mastercard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them.
20.5. This Agreement shall be governed by and construed in accordance with Belgium law and the Parties submit to the exclusive jurisdiction of the Belgium courts (French Chambers).
20.6. This Agreement is written in English.
21. Contact Details
21.1.1. The contact details for PPS EU are PPSEUCustomerContact@prepaysolutions.com
21.1.2. The contact details for Edenred are ugyfelszolgalat-HU@edenred.com
Edenred Magyarország Korlátolt Felelősségű Társaság [Edenred Hungary Limited] (head office/official mailing address: H–1134 Budapest, Váci út 45. , company registration number: 01-09-266926; electronic contact details: ugyfelszolgalat- hu@edenred.com and dpo.hungary@edenred.com; information related to data processing on the website: https://adatvedelem.edenred.hu/adatkezelesi-tajekoztato/; phone: +36 1 413 3333, represented by: Krisztián Balázs, hereinafter: Programme Manager) in accordance with the related legislative provisions specifying the protection of personal data1, informs the users of its services on the processing of data it applies.
1. Presentation of data processing
The Programme Manager provides services to legal and natural persons (hereinafter referred to as: “Client”), in the scope of which, PPS EU SA, a company registered in Belgium under the no. 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium; hereinafter referred to as: “Issuer”) and the Programme Manager provide to the natural persons specified by the Clients (hereinafter referred to as: “Cardholder”/”Data Subject”) a non-transferable microchip plastic card protected with a PIN code that can be used for paying the full or partial consideration for goods sold or services provided by the Participating Vendor.
The Issuer and the Programme Manager pays prompt attention on the protection of personal data, and for this reason it permanently takes due care to guarantee fair and transparent processing the essential requirement of which is to provide appropriate information on the processing of data. This Data Processing Policy provide information regarding, among others, the processing of personal data in the course of provision of the services of the Issuer and the Programme Manager and data processing for advertising purposes: the source and scope of acquiring the processed data, the legal basis, purpose and term of the data processing, the rights concerning and the options of choice between personal data, and it also includes all the contact details in which the Data Subject can get answers to his questions on the Issuer and the Programme Manager’s practice of data protection.
| Summary of the data processing activities related to the Programme Manager’s service provided to the Client | |
| Data Controller | The Programme Manager |
| The purposes of the processing | PPerformance of the Services included in the Client GTC: administration related to production, crediting and use of the Card |
| Legal basis of data processing | Conclusion and performance of a contract in the interest of the Data Subject [Article 6 (1) (b) of GDPR]. |
| Scope of the processed data | Name, position, phone number and email address of the Client’s representative and contact person |
| Term of data processing | Total duration of the service and 6 years following its termination (until the limitation period of the possible claims concerning the Service) |
| Processors | Edenred Magyarország Kft.PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium).
purpose of data processing: management of card balances, authorisation of card transactions, online balance inquiries, issue and activation of Cards, crediting of e-money allocated for this purpose to the cards, providing access to data (e.g. transaction history, available balance), processing of transactions Programming Pool Romania (registered office: Strada Transilvaniei 18A, Baia Mare, Romania) purpose of data processing: supply of software supporting Services related to the Card, IT support Idemia Hungary Kft. (registered office: Tó-Park, hrsz.: 3301/21., 2045 Törökbálint, Tópark utca) purpose of data processing: manufacturing of cards Y-Collective Kft. (registered office: H–7628 Pécs, Arany János u. 24.) purpose of data processing: extranet operation, processing of card orders, operation of website and Edenred Mobile Application; IT support activity The Rocket Science Group LLC d/b/a MailChimp (registered office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308, USA) purpose of data processing: sending of information e-mails concerning the Services (system messages, amendment of the GTC, update of the mobile application) |
| Summary of the processing of data concerning the Edenred Card Service provided by the Issuer to the Cardholder | |
| Data Controller | Issuer |
| The purposes of the processing | Performance of Services specified in the Cardholder GTC |
| Legal basis of data processing | The performance of the Contract concluded between the Issuer and the Cardholder [Article 6 (1) (b) of the GDPR] |
| Scope of the processed data | Data Subject’s surname; Data Subject’s forename; date of birth; permanent residence (postal code, town, street, number); mailing address if other than residence (postal code, town, street, number); Data Subject’s email address; Data Subject’s mobile phone number; amount to be credited; serial no. of card; habitual residence in Hungary if Data Subject is a foreigner; account history; workplace of the Data Subject; Data Subject’s account number |
| Term of data processing | Total duration of the service and 6 years following its termination (until the limitation period of the possible claims concerning the Service) |
| Processors | Edenred Magyarország Kft.: (registered office: H-1134 Budapest, Váci Út 45.) purpose of data processing: operation of systems and provision of support in relation to the provision of the Edenred Card ServiceProgramming Pool Romania (registered office: Strada Transilvaniei 18A, Baia Mare, Romania), purpose of data processing: supply of software supporting services related to the Card, IT supportIdemia Hungary Kft. (registered office: Tó-Park, lot nr.: 3301/21., H-2045 Törökbálint, Tópark utca, Hungary), purpose of data processing: manufacturing of cards;Y-Collective Kft. (registered office: H-7628 Pécs, Arany János u. 24., Hungary), purpose of data processing: extranet operation, processing of card orders, operation of website and Edenred Mobile Application; IT support activity The Rocket Science Group LLC d/b/a MailChimp (registered office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308, USA), |
Summaries merely serve the purposes of convenience. Please read the complete information.
| Summary of the processing of data related to the Programme Manager’s marketing and advertising activity | |
| Data Controller | The Programme Manager is the Data Controller in relation to the data processing related to the Programme Manager’s marketing and advertising activity. |
| The purposes of the processing | Sending marketing and advertising messages to the Cardholder |
| Legal grounds for data processing | The Data Subject’s consent [Article 6 (1) (b) of the GDPR and Section 6(1) of Act XLVIII of 2008 on the Basic Requirements of and Certain Restrictions on Commercial Advertising Activities]. The consent may be withdrawn at any time. |
| Scope of the processed data | Data Subject’s surname; Data Subject’s forename; Data Subject’s email address; Data Subject’s mobile phone number |
| Term of data processing | Until the consent is withdrawn |
| Processors | Y-Shift Kft. (head office: H–7636 Pécs Neumann János utca 24., Hungary) purpose of data processing: data processing for advertising purposes
The Rocket Science Group LLC d/b/a MailChimp (registered office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308, USA) purpose of data processing: data processing for advertising purposes – sending of newsletters |
Summaries mereley serve the pruposes of convenience. Plesase read the complete information.
2. Definitions
Definitions used in this Data Processing Policy match the definitions included in the General Terms and Conditions regarding the ordering, delivery and utilization of Edenred Voucher Cards and the Cardholder GTC. For enhancing the interpretation of the Data Processing Policy, we repeat certain definitions in the following:
2.1.1. “Edenred Card“ or “Card” is a non-transferable microchip plastic card protected with a PIN code where the Electronic Money covered by the amount of money having been transferred by the Client in advance, in relation to the given card is recorded, and that can be used for paying the full or partial consideration for goods sold or services rendered by the Participating Vendor.
2.1.2. “Edenred Card Service” means the complex service provided by the Issuer to the Cardholder under the Cardholder GTC concerning the placing on the market and use of Edenred Cards and the Cardholder GTC.
2.1.3. “Electronic money” means the amount embodied by the claim against the issuer of the electronic money that is stored electronically – including magnetic storing –, issued against the receipt of funds for the purpose of performing payment transactions provided in the Act on the Pursuit of the Business of Payment Services and, beyond the issuer of the electronic money, also accepted by other natural and legal persons, economic entities without legal personality and individual entrepreneurs. The electronic money qualifies as a non-cash means of payment.
2.1.4. “Authority” means the Hungarian National Authority for Data Protection and Freedom of Information or the Belgian Data Protection Authority (Autorité de la protection des données – Gegevensbeschermingsautoriteit, APD-GBA).
2.1.5. “Cardholder” is a natural person deemed by the Client eligible for using the Card to whom the Card is issued, and who undertakes to comply with the Cardholder GTC.
2.1.6. “Participating Vendor” or “Participating Business” is a natural or legal person accepting the Card from the Cardholders (or Additional Cardholders) in the case of the sale of products or the provision of services, and where the Programme Manager made accepting the Cards technically available, and who placed out the Mastercard or Edenred Acceptance Mark.
2.1.7. “Issuer” is PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). PPS EU is operating under the supervision of the National Bank of Belgium and has been authorised by the same to issue electronic money and provide payment services.
2.1.8. “Programme Manager”: Edenred Magyarország Kft. (registered office: H–1134 Budapest, Váci út 45.), the Issuer’s payment intermediary.
2.1.9. “Service” means the complex service provided by the Programme Manager to the Client in relation to the ordering, crediting, delivery and utilisation of the Card in accordance with these GTC.
2.1.10. “Client” is a natural or legal person providing the Edenred Card to the Cardholder.
3. Data Subject
Data Subjects include the natural persons found eligible for using the Card (Cardholder, hereinafter referred: Data Subject) by the legal and natural persons ordering the services (Client) of the Issuer and the Programme Manager.
4. Sources of the acquisition of personal data by the Issuer and the Programme Manager
Directly from the Data Subject.
5. Legal grounds for data processing
5.1. Tthe legal basis to the data processing strictly essential for providing the Service is the performance of the contract in the interest of the Data Subject based on the contract concluded by and between Programme Manager and the Client (Client GTC) regarding the cards ordered for the Data Subject [GDPR Article 6(1)(b)].
5.2. The legal basis of the data processing strictly necessary for the Issuer to perform its Edenred Card Service is the compliance with the Cardholder GTC concluded by and between Programme Manager and the Data Subject: activating the Card, assigning, crediting and using the e-money ordered to this effect to the Card, ensuring the access to data [e.g. account history, available balance], processing of transactions [Article 6(1)(b) of the GDPR]. Should the Data Subject not provide personal data required by the Issuer for providing the Edenred Card Service, the Data Subject will not be able to call upon the services provided by the Issuer and the Programme Manager. The Issuer acts as data controller with regard to the data processing in relation to the GTC concluded by and between the Issuer and the Data Subject.
5.3. The legal basis for the Programme Manager for the data processing concerning the sending of advertisement is the Data Subject’s consent [Article 6 (1) (a) of the GDPR and Article 6 (1) of Act XLVIII of 2008 on the Basic Requirements of and Certain Restrictions on Commercial Advertising Activities]. The Data Subject may provide his consent to receive advertisement on the Programme Manager’s website or in the Edenred mobile application.
6. The purpose of the data processing, the scope of data processed, the term of data processing
6.1. Data processed for the purposes of complying with the Client GTC, term of the data processing
6.1.1. Programme Manager as data controller processes the following data in order to comply with the Client GTC, i.e. the provision of the Service to the Client:
• Name, position, phone number and email address of the Client’s representative and contact person
6.1.2. Personal data is processed by the Programme Manager as data controller in connection with manufacturing the Card and the administration in connection with crediting and usage of the Card.
6.1.3. The Programme Manager will process the Data Subject’s data until the period required to achieve the purpose of the Client GTC, i.e. for the total duration of the Service and 6 years following its termination (until the limitation period of the possible claims concerning the Service).
6.2. Data processed for the purposes of complying with the Cardholder GTC, term of the data processing
6.2.1. The Issuer processes the following data as data controller in order to comply with the Cardholder GTC i.e. the provision of his Edenred Card Service by the Issuer to the Cardholder:
• Data Subject’s surname
• Data Subject’s forename
• date of birth
• permanent address (zip code, city, name and type of public area, house number)
• mailing address, if different from permanent address (zip code, city, name and type of public area, house number)
• Data Subject’s email address
• Data Subject’s mobile phone number
• amount to be credited
• card serial number
• data of the transaction
• in case of foreign Data Subject, the place of residence in Hungary
• account history
• Data Subject’s workplace
• Data Subject’s bank account number
6.2.2. The Issuer will process the Data Subject’s data until the period required to achieve the purpose of the Cardholder GTC, i.e. for the total duration of the Service and 6 years following its termination (until the limitation period of the possible claims concerning the Edenred Card Service).
6.3. Data processed for the purpose of marketing and advertising activity, term of the processing
6.3.1. During the data processing for advertisement purposes, the Programme Manager will send advertisements via phone (text message) or e-mails or push notifications (pop-up messages on mobile phones) to the Data Subject concerning the products of the Programme Manager, the Edenred Group and the Participating Vendors, and on the incidental campaigns, according to the Data Subject’s consent.
6.3.2. For this purpose it processes the following data:
• Data Subject’s surname
• Data Subject’s forename
• Data Subject’s email address
• Data Subject’s mobile phone number
6.3.3. The Programme Manager keeps record of the personal data of Data Subjects having made declaration of consent regarding the receipt of advertisements.
6.3.4. For sending advertisement, the Programme Manager keeps on processing the personal data processed per the declaration of consent provided by the Data Subject until revocation. The Data Subject can give his declaration of consent by ticking the relevant checkbox on the Programme Manager’s website or the Edenred mobile application. The Data Subject may revoke his consent at any time via the unsubscribe link at the bottom of the marketing letter sent to the provided e-mail address.
7. Data processing
The Issuer and the Programme Manager will transmit and disclose the Data Subject’s data to the members of the Edenred Group 2and its contractual partners3 (including natural persons) in the course and for the purpose of and to the extent required for providing the Service and the Edenred Card Service, in relation to the card use.
7.1. Data Processors belonging to the Issuer and the Programme Manager’s contractual partners employed for complying with the provision of the Service and the Edenred Card Service, and for performing the marketing / promotional activity:
• Edenred Magyarország Kft.: (registered office: H-1134 Budapest, Váci út 45.)
purpose of data processing: operation of systems and provision of support in relation to the provision of the Edenred Card Service
2 The members of the Edenred Group are listed on the www.edenred.hu website, as modified from time to time.
3 In the course of providing the service, Edenred shall be entitled to unilaterally employ other data processors at any time. The list of data processors is available at the www.edenredkartya.hu, under the menu item “Data Processing Policy”.
• PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium).
purpose of data processing: management of card balances, authorisation of card transactions, online balance inquiries, issue and activation of Cards, crediting of e-money allocated for this purpose to the cards, providing access to data (e.g. transaction history, available balance), processing of transactions
• Programming Pool Romania (registered office: Strada Transilvaniei 18A, Baia Mare, Romania) purpose of data processing: supply of software supporting services related to the Card, IT support
• Idemia Hungary Kft. (registered office: Tó-Park, hrsz.: 3301/21., 2045 Törökbálint, Tópark utca) purpose of data processing: manufacturing of cards
• Y-Collective Kft. (registered office: H–7628 Pécs, Arany János u. 24.)
purpose of data processing: extranet operation, processing of card orders, operation of website and Edenred Mobile Application; IT support activity
• Y-Shift Kft. (head office: H–7636 Pécs Neumann János utca 24., Hungary) purpose of data processing: data processing for advertising purposes
• The Rocket Science Group LLC d/b/a MailChimp (head office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta,
Georgia 30308, USA)
purpose of data processing: data processing for marketing purposes – sending of newsletters, sending of information e-mails concerning the Edenred Card Service (system messages, amendment of the GTC, update of the Edenred Mobile application)
8. Transmission of data to third countries
The Rocket Science Group LLC d / b / a MailChimp provides adequate safeguards for the transfer of personal data by applying general data protection clauses pursuant to Article 46 (2) (c) of the GDPR.
9. Data security, parties entitled to obtain the data
9.1. The Issuer and the Programme Manager shall delete the Data Subject’s data upon the expiry of the data handling period.
9.2. The Issuer and the Programme Manager will ensure the security of the processed data and takes any measure against unauthorised access, modification, forwarding, disclosure, erasure or destruction, accidental destruction and deterioration, and inaccessibility due to the change of the technology applied, as well as in order to ensure an adequate protection of the Data Subjects’ personal data per the legislation.
9.3. The Issuer and the Programme Manager processes the Data Subject’s data automatically and manually in a computer database applying the measures necessary for maintaining the data security requirements, and it has arranged to have the processing of the Data Subject’s data within a closed system protected by password in any event and saved in a hard disk, and that these systems would be used by those authorised to know the data exclusively in relation to the provision of the service, in a strictly necessary extent.
9.4. Those authorised to know the personal data are the Issuer and the Programme Manager (the Issuer and the Programme Manager’s employees employed in a post that manage matters concerning the card use), the members of the Edenred Group, and the contractual partners of the Issuer and the Programme Manager.
9.5. The Issuer and the Programme Manager ensures to provide complete information about the data protection rules to those authorised to access the data. As a guarantee to data security, the senior executives and employees of the Issuer and the Programme Manager are bound by obligation of confidence and legal liability concerning the personal data learned in this regard.
10. The Data Subject’s rights and remedies
10.1. At the Data Subject’s request, the Issuer and/or Programme Manager shall provide information on [Article 15 (1) of the GDPR; right to information]:
• which personal data of the Data Subject are processed
• the purposes of the processing
• the categories of recipients to whom the personal data are transferred
• the term of processing
• the Data Subject’s rights and remedies
10.2. Before initiating the procedures regulated in this section, the Data Subject is entitled to call upon the Issuer and/or the Programme Manager with his claim (to be submitted electronically) in order to eliminate his anxieties concerning the data processing and to restore legality. The Issuer and/or the Programme Manager shall examine the claim within a month, makes a decision on whether it is well-founded and informs the Data Subject electronically in writing. If the Issuer and/or the Programme Manager ascertains the grounds for the Data Subject’s claim, restores the legality of data processing or ends the data processing, including further data recording and data transmission. In this case, the Issuer and/or the Programme Manager may no longer process the Data Subject’s personal data unless the Issuer and/or the Programme Manager demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defence of legal claims. The Issuer and/or the Programme Manager will communicate the claim and the relevant actions taken, to those to whom he transmitted the data concerned by the claim.
10.3. At the Data Subject’s request, the Issuer and/or the Programme Manager will make available the duplicate copy of the personal data in a commonly used electronic format or any other format chosen by the Data Subject. [Article 15
(3) of the GDPR; right of access, right to be provided copies].
10.4. At the Data Subject’s request, his personal data will be modified, rectified. The Issuer and/or the Programme Manager we also provides possibility to rectify the personal data via the user profile [Article 16 of the GDPR; right of rectification]. The exercise of the Data Subject’s rights to access and the rectification of his personal data, the Data Subject may call upon the Issuer and/or the Programme Manager in an e-mail sent to the addresses adatkezeles- hu@edenred.com or dpo.hungary@edenred.com.
10.5. At the Data Subject’s request, the Issuer and/or the Programme Manager will erase the Data Subject’s personal data. The Issuer and/or the Programme Manager may refuse to comply with the request due to reasons included in Article 17 (3) of the GDPR, e.g. in the case when personal data are required for proposing or vindicating a legal claim, or for the compliance with the obligation per the law of the Union or a member state to be applied to the Issuer and/or the Programme Manager, or out of public interest or for exercising the right of freedom of expression and information. [Article 17 of the GDPR; right of erasure].
10.6. The Data Subject may cancel his declaration of consent to the communication of advertisements may be cancelled at any time without restriction and justification, free of charge, and he may also make a claim regarding the prohibition of receiving advertisements. In this case, the Issuer and the Programme Manager immediately erases the Data Subject’s name and any personal data from the records and will no longer send any advertisement to the Data Subject. This can be achieved by filling a notice of withdrawal either on the post, by sending a letter to the Programme Manager’s head office, or electronically by sending an email to adatkezeles-hu@edenred.com or dpo.hungary@edenred.com, and on the Programme Manager’s website, or in the Edenred mobile application [right of withdrawing the consent]. The withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
10.7. The Data Subject is entitled to request the restriction (blocking) of processing personal data
• should he contest the accuracy of the personal data, he may request the blocking of the data until the Issuer and/or the Programme Manager checks the accuracy of the personal data;
• if processing is unlawful and the Data Subject opposes the erasure of the personal data, and requests the restriction of their use instead;
• the Issuer and/or the Programme Manager no longer needs the personal data, but it is required by the Data Subject for the establishment, exercise or defence of legal claims [Article 18 of the GDPR; right to restriction of processing (blocking)].
The Issuer and/or the Programme Manager fulfils the blocking request by storing the personal data separately from the other personal data. Thus for example, in the case of electronic files, it saves them on an external data carrier, or transfers personal data stored on paper in a separate folder. With the exception of storage, the Issuer and/or the Programme Manager will only process such personal data with the Data Subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The Issuer and/or the Programme Manager shall advise the Data Subject in advance about the release of the restriction of processing.
10.8. The Data Subject is entitled to receive his or her personal data in a structured, commonly used and machine- readable format, and has the right to transmit these data to another controller. In addition, at a relevant explicit request, the Issuer and/or the Programme Manager ensures the direct transmission the Data Subject’s data to a Processor specified by the Data Subject. [Article 20 (1) and (2) of the GDPR; right to data portability].
10.9. The Issuer and/or the Programme Manager will inform the Data Subject on the actions taken within one month from receiving the Data Subject’s request. The Issuer and/or the Programme Manager shall inform You within one month from receipt of the request about the reasons of the refusal and about the opportunity of lodging a complaint with the Authority and seeking a judicial remedy.
10.10. The exercise of this right is free of charge. In certain cases the Issuer and/or the Programme Manager may charge a fee based on administrative costs, or refuse to take action on the basis of the application, if the Data Subject requests a copy of his or her data, or if the Data Subject’s application is clearly ungrounded or – especially on account of its repeated nature – exaggerated.
10.11. The Issuer and/or the Programme Manager retains the right to request further information necessary for the confirmation of the Data Subject’s identity, should it have doubts about the identity of the person who submitted the request. Such a case is when the Data Subject exercises his right of requesting a duplicated copy, in which case it is reasonable from the Issuer and/or the Programme Manager to check if the request has come from the authorised person.
10.12. If the Data Subject thinks that the Issuer and/or the Programme Manager offended his right to the protection of personal data, or should the Issuer and/or the Programme Manager perform illegal data processing, the Data Subject may initiate the procedure of the Authority.
10.12.1. Contact details of the Hungarian National Authority for Data Protection and Freedom of Information:
• postal address: H–1530 Budapest, P.O. box: 5.
• email: ugyfelszolgalat@naih.hu
• telephone number: +36 (1) 391 1400
• website address: www.naih.hu
10.12.2. Contact details of the Belgian Data Protection Authority:
Autorité de la protection des données – Gegevensbeschermingsautoriteit (APD-GBA)
• postal address: Rue de la Presse 35 – Drukpersstraat 35, 1000 Bruxelles – Brussels, Belgium
• email: contact@apd-gba.be
• telephone number: +32 2 274 48 00
• website address: https://www.autoriteprotectiondonnees.be/
10.13. Should the Data Subject consider that the Issuer and/or the Programme Manager offended his right to the protection of personal data, he may initiate a legal hearing and may demand the reimbursement of the damage caused to the Data Subject by the illegal processing of his data or by violating the data security, or, in case of the violation of a personality right, the payment of a restitution. In the event of a judicial enforcement, the Data Subject may start the action at the court of his or her residence or habitation.
11. Miscellaneous provisions
11.1. Should the Programme Manager modify the GTC with an influence on the Data Processing Policy, it shall place an appropriate announcement on the website and shall send the modified policy to the e-mail address provided by the Data Subject so that the Data Subject may study it.
11.2. Where the Issuer and/or the Programme Manager intends to further process the personal data for a purpose other than that for which the personal data were obtained, it will provide the Data Subject prior to that further processing with information on that other purpose and with any relevant further information.
11.3. The Issuer and/or the Programme Manager shall inform the data subject at the latest on the first occasion of disclosing the data also to other recipient(s).
Effective from: 1 November 2021
Click here to download Edenred Comfort Card Agreement.
Entered into by and between Edenred Magyarország Kft. (registered office: H–1134 Budapest, Váci út 45., company registration number: 01-09-266926; VAT no.: 10884979-2-41, bank account number: 12001008-00164130-00800005, hereinafter: Edenred,
and the natural or legal person (hereinafter: Client) who provides the Edenred Comfort Card to the Card Holder.
WHEREAS:
Edenred and the Client qualify as contracting parties (hereinafter collectively referred to as: “Parties”, individually as “Party”) with regard to the Edenred Comfort Card Agreement and the General Terms and Conditions for the Ordering, Delivery and Use of Edenred Comfort Cards for Clients (hereinafter referred to as: “GTC”), this Agreement shall enter into force concurrently with the conclusion of the Edenred Comfort Card Agreement, or shall be effective from the effective date of the amendment of the GTC to which this Agreement is attached as an Annex.
Directive 2016/679/Eu of 27 April 2016 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and on repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as: GDPR).
For the purposes of this Agreement, the terms “Personal Data”, “Controller”, “Processor”, “Processing”, “Data Subject” and “Personal Data Breach” shall be interpreted according to their definition set out in Article 4 of the GDPR.
For the purposes of this Agreement, capitalised terms shall be interpreted according to their definition set out in the GTC.
1. The purpose of this Agreement is to set out the conditions subject to which the Parties transmit personal data in order so Edenred can provide the services set out in the GTC (hereinafter referred to as: Services). In the course of providing the Services, it is necessary for Edenred to access to and process the name, position, phone number and email address of the Client’s representative and contact person (hereinafter referred to as: Personal data).
2. The Parties agree that both Edenred and the Client shall qualify as Data Controller with regard to the processing of Personal Data in relation to the provision of Edenred’s Services. More precisely, the Edenred shall qualify as Data Controller from the time of receipt of the Personal Data from the Client. The Parties shall comply with their obligations arising from the GDPR and any other relevant legislation applicable to the data processing activities conducted under these GTC (hereinafter referred to as: Applicable Law).
3. Edenred shall only be entitled to process the Personal Data for the purpose of performing its obligations set out in this Agreement, unless the Client instructs otherwise in writing. Edenred shall inform the Client if in its opinion, the instruction given by the Client carries the risk of violation of the Applicable Law. If Edenred intends to process the Personal Data for other purposes, it shall be responsible for ensuring the lawfulness of such data processing, as well as for fulfilling all requirements prescribed by the Applicable Law.
4. All Parties shall implement and maintain appropriate technical and organisational measures in order to ensure that the Data Processing is in accordance with the Applicable Law and shall provide for the protection of the Data Subject’s rights. Each Party shall keep records of the data processing activities conducted on the other Party’s behalf as set out in Article 30 of the GDPR, in readable format.
5. All Parties agree that each of them shall be individually responsible for providing all information related to the data processing conducted by it required by the Applicable Law to the Data Subject. For Edenred, this obligation shall only apply to the extent that the Client provides the required information to Edenred in due time. The Client warrants to Edenred that:
(a) in accordance with the Applicable Law and Clause IV. of the GTC, it has appropriately informed the Data Subject regarding the conditions of the data processing, in particular by providing the GTC, the Data Processing Policy attached as Annex 2 to the GTC and the Card Holder GTC attached as Annex 5 to the GTC to the Data Subject, and
(b) it informs the Data Subject that the legal basis of the data processing is the conclusion of and compliance with a contract in the interest of the Data Subject.
The Client warrants that it has transmitted and will transmit relevant, accurate and up-to-date personal data to Edenred. Consequently, Client shall hold harmless and indemnify Edenred in relation to, and manage any legal claims resulting from any unlawful transmission of the Personal Data to Edenred by the Client.
6. Edenred shall be responsible for responding to the Data Subject’s requests for the exercise of the Data Subject’s rights – including, in particular, exercise of the right to access to the personal data, their request to modification of their personal data and the exercise of the right to object – in relation to the Service provided by Edenred and take appropriate measures in accordance with the GTC.
7. The Parties shall, at their own cost, implement and maintain appropriate technical and organisational measures in order to guarantee data security at a level proportionate to the risks arising in the course of the data processing associated with the Service, including in particular the risks associated with the accidental or unlawful destruction, loss, alteration or unauthorised disclosure of or unauthorised access to the Personal Data. Edenred may only disclose the Personal Data to its employees and agents who need them for the purpose of performing the Service, and who fulfil their duties subject to a confidentiality and data protection obligation, or who are subject to statutory confidentiality obligation.
8. Each Party shall notify the other Party without delay if it becomes aware of a Personal Data Breach related to the Service provided by Edenred. The Party concerned shall inform the competent supervisory authority and/or – depending on the circumstances of the Personal Data Breach – the Data Subjects regarding the Personal Data Breach. The Parties shall handle these incidents in good faith and limit any potential consequences for the Data Subjects in all cases.
9. The Client explicitly authorises Edenred to use subcontractors in the course of performing its obligations related to provision of the Services. In the case of using a subcontractor, Edenred warrants that:
(a) the subcontractor will act in accordance with the Applicable Law
(b) Edenred shall remain responsible for the obligations regarding which it uses a subcontractor
(c) it will provide the list of data processors to the Client at the Client’s request.
In addition, the Client explicitly authorises Edenred to transmit the personal data related to provision of the Services to data processors located outside the European Economic Area (EEA) in accordance with the requirements set out in the Applicable Law (for example, Edenred may conclude standard clauses with the data processor or invoke a mandatorily applicable legislative act of the EU).
10. Edenred guarantees that the Issuer will act in accordance with the governing law.
11. In the case of termination or cessation of provision of the Services, Edenred shall delete the personal data related to provision of the Services and any copy or extract thereof or return all processed Personal Data to the Client and/or the Data Subject and delete all existing copies and extracts thereof. Without prejudice to the foregoing, Edenred shall be entitled to retain a copy of the Personal Data if the applicable law requires this, provided that the Personal Data may be processed lawfully for other purposes or that retention is necessary for protecting and enforcing the rights set out in the Agreement (e.g. legal proceedings, mandatory audits or similar).
Effective from 1 November 2021
Please read these GTC carefully before using your card. The below information sets out the General Terms and Conditions (GTC) pertaining to the Card used by you, and regulates the legal relationship between you and the Issuer. Terms like “we”, “us”, “our” and similar terms refer to the Issuer. By using the Card, you accept the conditions set out in these GTC. With respect to matters relating to the interpretation of the GTC, or if you do not agree to any provision thereof, please contact our Customer Service at any of the contacts set out in Clause 18 of the GTC.
1. DEFINITIONS
Activation: the operation executed via phone call at the Costumer Service, at the website www.edenredkartya.hu or by using the Edenred Mobile Application available on IOS and Android, during which the Cardholder activates the Card issued to him.
Fee: the fees and costs encumbering the Client in relation to the Card, as set out in Clause 9 of the GTC.
Edenred Acceptance Mark: the logo of Edenred, indicating that the Card is accepted at the place where it is displayed. Edenred Mobile Application: the Programme Manager’s Edenred Mobile application which enables the Cardholders to activate the Card and register their Edenred Cards electronically, as well as to trace their personal expenses.
Electronic money: the amount embodied by the claim against the issuer of the electronic money that is stored electronically – including magnetic storing –, issued against the receipt of funds for the purpose of performing payment operations provided in the Act on the Pursuit of the Business of Payment Services and, beyond the issuer of the electronic money, also accepted by other natural and legal persons, economic entities without legal personality and individual entrepreneurs. The electronic money qualifies as a non-cash means of payment.
Authorised Account Information Provider: a third-party payment service provider authorised by the competent Supervisory Body to provide Account Information Service to you with your explicit consent, based on a separate agreement concluded by you and such payment service provider.
Strong Customer Authentication or SCA: Directive (EU) 2015/2366 of the European Parliament and of the Council on payment services in the internal market (the so-called “PSD2 Directive”) sets out the requirement of strong customer authentication, the purpose of which, among other things, is to make online/electronic payment transactions more secure. The SCA is an additional security measure that checks whether you really confirmed the Transaction or other action related to the use of the Card and/or Account. In this scope, every Card Holder must provide his or her phone number, to which the Service Provider will send a unique code at the time of initiation of each online/electronic payment operation, which code the Card Holder has to enter into the appropriate online interface in order to confirm the online/electronic payment transaction.
Contactless Payment: a method of payment enabling Cardholders to pay by touching the Card to the scanner of the POS terminal. No PIN code is required for transactions not exceeding the transaction limit set forth in the legislation.
HUF: Hungarian forint, the official currency of Hungary.
Supervisory Body: The National Bank of Belgium in Belgium, or another supervisory body supervising other European payment service providers.
Inactivity: if the Card is not used for any transactions for a period of 12 months.
Card: any and all Cards issued to you under this Contract according to the Client GTC and the EMPS Agreement. The Comfort Card is a:
• disposable card: the Card cannot be reloaded, it can be used up to one-time balance or until expiry
• non-personalized card: the Card does not bear the Cardholder’s name, and in Edenred systems the Card cannot be assigned to the Cardholder.
Card Number: the 16-digit card number found on the front side of your Card.
Cardholder or You: the natural person deemed by the Client eligible for using the Card.
Issuer: PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). PPS EU is operating under the supervision of the National Bank of Belgium and has been authorised by the same to issue electronic money and provide payment services.
Mastercard Acceptance Mark: the logo of Mastercard International Incorporated, indicating that the Card is accepted at the place where it is displayed.
Mastercard International Incorporated: Mastercard International Incorporated, a business entity with its registered office located at 2000 Purchase Street, Purchase, New York 10577 USA.
Participating Vendor or Participating Business is an entity accepting Edenred Cards from the Cardholders in the case of the sale of products or the provision of services, and where the Programme Manager made accepting the Cards technically available, and who placed out the Mastercard or Edenred Acceptance Mark.
PIN: personal identification number, PIN code.
POS: point of sale.
Programme: the Benefits Card Programme, in the scope of which we provide you the Card for use.
Programme Manager: Edenred’s Hungarian subsidiary, a company established in Hungary under the name: Edenred Magyarország Kft.; registered office: H-1134 Budapest, Váci út 45.), the Issuer’s payment intermediary.
Available Balance: value of the funds available on your Card for use.
Account: the function recording the amount of money available and assigned to your Card (not a deposit, savings or other bank account).
Account Information Service: an online service providing aggregate information to you regarding your accounts held at one or more payment service providers (e.g. banks).
Contract: these Cardholder GTC, as amended from time to time.
Full Deductible Amount: amount of the entire Transaction, including – in addition to the Transaction itself – all connected fees, expenses and taxes.
Transaction: all POS and online commercial sales carried out with your Card.
Client: the Cardholder’s employer or business partner with whom the Programme Manager and the Issuer has entered into a contract under which the Card has been manufactured.
Customer Service: the contact centre dealing with inquiries and requests for services in connection with your Card. The Cardholder shall obtain customer service information on the Comfort Card primarily through the Cardholder Information Line at +36 1 382 4000. The contact details of the Customer Service are set out in Clause 18 of these GTC. www.edenredkartya.hu website, MyAccount: the interface on the Website where – following registration – you can access your own Account and view your Available Balance and transaction history online. You can find up-to-date information about your account at the website www.edenredkartya.hu. You need Internet connection to access the website. www.edenred.hu: Edenred’s website, where these GTC and the Data Processing Policy are available.
2. GENERAL PROVISIONS
2.1. Your Card is a card credited with Electronic Money, but the Card cannot be reloaded. It is not a credit or debit card. The Available Balance does not earn interest and may not be used for savings, but for payment, and only in accordance with the conditions set out in this Contract and the effective Client GTC available on the website www.edenred.hu and the EMPS Agreement in all cases.
2.2. Your Card was issued by the Issuer based on the permission of Mastercard International Incorporated. This Card is an Electronic Money product. The Electronic Money associated with this Card is provided by the Issuer. The Issuer’s electronic money issuing activity and payment services are regulated by the National Bank of Belgium. Your rights and obligations with respect to the use of the Card are regulated by this Contract concluded between You and the Issuer; You have no legal relationship whatsoever with Mastercard International or its affiliated companies. If you detect an issue in connection with the use of the Card, please contact the Customer Service or the Client. Crediting amounts to the Card is carried out based on the Client’s order, in HUF, with the terms and conditions provided in this document and the Client GTC. Your right to use the Card comes from the Client, and is only valid to the extent of the Electronic Money deposited on your Edenred Card. All rights related to Electronic Money (including its ownership) shall remain with the Client. The Card will remain in the Issuer’s ownership.
2.3. The terms and conditions provided in these GTC were made in writing and are available only in Hungarian. We undertake to carry out all correspondences with you in matters concerning your Card or Account using the Hungarian language.
2.4. For verification and security purposes, such as the application of Strong Customer Authentication measures, we are required to collect certain personal information from you including your mobile phone number. We will pass this data to our third party service providers as required for the administration of Strong Customer Authentication measures.
3. RECEIPT AND ACTIVATION OF YOUR CARD
3.1. You have to sign your Card immediately after receiving it.
3.2. The card can only be used after activation. Upon Activation, please proceed as instructed in the information document attached to the Card received. No liability is borne by the Issuer and the Programme Manager for the failure to sign and/or activate the Card.
3.3. Card Activation can be done by the Cardholder in the Activation menu of the Cardholder Information Line (+36 1 382 4000). After Activating the Card, you will receive a 4-digit PIN code. Always keep your PIN code safe, do not disclose it to anyone and ensure that it is not readable by anyone when you enter it. We will not disclose your PIN code to third parties. If you forget your PIN code, please call our Customer Service or visit the website www.edenredkartya.hu or open the Edenred Mobile Application and choose the option to view your PIN code.
3.4. If you register your Card on www.edenredkartya.hu or in the Edenred Mobile Application, you can use the online services available through your account. During registration, you will need to provide your personal information and contact details (eg name, e-mail address, mobile phone number), ie the Card will be “personalized”.
3.5. If you wish, you may use an Authorised Account Information Provider to provide Account Information Service for you regarding your Card. Prior to engaging an Authorised Account Information Provider, we recommend you check whether the Supervisory Body authorised it to provide Account Information Service. You have to explicitly consent to the sharing of or share your Account data with the Authorised Account Information Provider on every occasion when it has to access the Account in order to provide Account Information Service for you. Please, always consider the consequences of sharing your Account or personal data.
3.6. When an Authorised Account Information Provider requests access to your Account using the Account data in order to provide Account Information Service to you, we will assume that you have given your authorisation for this. Please note that we are obliged to provide access to your Account if the Authorised Account Information Provider requests this, and we may only deny this in specific cases.
3.7. If we deny access to your Account from the Authorised Account Information Provider, we will inform you immediately after the refusal regarding the reason thereof, except where we are not allowed to do so due to legal or security reasons.
4. USING THE CARD
4.1. The Card may only be used by Participating Vendors who have a contractual relationship with the Programme Manager: https://komfort.edenred.hu/. The enabled products and services for the Card are specified in Clause 4.8. The Programme Manager accepts no liability for cases when the card company classification of the terminals in the stores or store chains is different from what is expected or for any incidental changes in the classification of the stores. The balance of electronic money available with regard to the Card may only be used for the partial or full settlement of the consideration paid for the scope of products and services indicated on that Card. The Issuer and the Programme Manager shall not be responsible for the misuse of the Card. Your Card and the Available Balance associated with it may be used only for Transactions executed in HUF, excluding redemption or conversion to cash or scriptural money.
4.2. The Client may load your Card once, meaning that the balance assigned to the Card cannot be reloaded. A transaction shall only be authenticated if the Full Deductible Amount is lower than or equal to the Available Balance on your Card. You will not be able to use your Card after its expiry date or if the Full Deductible Amount exceeds the Available Balance. If, for any reason, a Transaction is processed with a higher amount than the Available Balance on your Card, you shall repay to the Issuer the amount(s) by which the Full Deductible Amount exceeds your Available Balance within 14 days of the receipt of the invoice from the Issuer. If you fail to pay the amount within 14 days of the receipt of the invoice from the Issuer, the Issuer shall be entitled to take all measures necessary for the collection of the outstanding amount, including legal action and the suspension of the further use of the card.
4.3. You can authenticate the Transactions to be carried out at the Participating Vendors by providing your PIN or – in the case of online Transactions – CVC code in each case. In the event of contactless transactions up to the amount set forth in the legislation, no PIN code is required for the authentication. You are responsible for all Transactions that you authenticate. A transaction can also be authorised by tapping the Card against a Contactless enabled reader. A transaction can also be authorised by tapping the Card against a Contactless enabled reader. You can make 5 consecutive Contactless transactions after which any Contactless transactions will be declined and you will be required to enter your PIN to authorise the transaction. Please keep in mind that, as a general rule, it is not possible to stop a Transaction once approved and received by the Issuer. The Issuer may reject Transactions if it finds them to be conflicting with the provisions of these GTC or be violiating the law (e.g. Transactions carried out with a stolen Card).
4.4. The Cardholder can query his Available Balance at any time via the Cardholder Information Line (+36 1 382 4000) or after registering online at the website www.edenredkartya.hu or in the Edenred Mobile Application.
4.5. For security reasons, the Participating Vendors accepting your Card shall request authorisation via a POS or VPOS terminal from the Issuer for your Transactions. In some cases, a Participating Vendor may require that your Available Balance be higher than the value of the Transaction you intend to carry out. You will only be charged for the actual and final amount of the Transaction carried out. Merchants request this if they may require a larger amount of funds than which you wished to spend originally. For example:
4.5.1. Hotels and car rental: As Participating Vendors are not able to determine the amount of your final invoice preliminarily, they may request authorisation to deduct an amount of funds exceeding your Available Balance.
4.5.2. Participating Vendors on the Internet: Certain participating internet websites may send you a request for payment authorisation at the time of registration or the payment step in order to check availability of the funds; this may impact your Available Balance temporarily. Please note also that some websites do not charge the amount to be paid until the delivery of the goods. When viewing your Available Balance, please take into consideration such possible changes of the funds available and determine based on that whether there is a sufficient amount on your Card to cover your purchases. The Card cannot be used for online payments where the currency of settlement is not HUF.
4.6. Using 3D Secure
4.6.1. 3D Secure is a payment authentication standard for internet purchases which adds an extra layer of security when purchasing goods or services online with participating retailers. It is a form of Strong Customer Authentication. To enhance the safety of online payments, you will increasingly need to use 3D Secure to confirm it’s you when you make payments online.
4.6.2. To use 3D Secure:
• you must have internet access;
• you must have a mobile phone;
• we must have your correct mobile phone number;
• your mobile phone must be able to receive text messages.
It is important that you ensure that the personal information we hold for you (in particular your mobile phone number) is up-to-date. You can do this by logging in to your MyEdenred Account choosing Edit profile.
4.6.3. When making a purchase online for which authentication is required, you will be brought to a 3D Secure verification screen.
4.6.4. You’ll be prompted to enter an one-time passcode (passcode) sent to your mobile phone by text message (SMS) to complete your purchase. You have a set amount of time and a number of attempts to enter the passcode correctly. If you do not enter the passcode correctly, you will be unable to complete your online purchase.
4.6.5. The passcode will only be valid for the online purchase you have received it for.
4.6.6. We will deem any transaction authenticated using 3D Secure as having been authorised by you.
4.6.7. You will be charged for each transaction made using 3D Secure in accordance with the fee indicated in the 9.2. point of these GTC. You are responsible for any SMS fees charged to you by your mobile phone provider.
4.7. The Card cannot be used for the verification of identity.
4.8. The scope of services available with the Card: the Card may be used to access specified products and services at contracted partners.
4.9. You may not use your Card to redeem traveller’s cheques, for exchanging money, to have cash refunded from Participating Vendors or settle outstanding amounts in connection with credit cards, bank overdrafts or loan agreements, gambling, dating or escort services, or at automatic fuel stations and fuel sellers.
4.10. The Available Balance on your Account does not earn interest.
5. CREDITING OF THE CARD
5.1. You cannot credit funds to your Card. Only the Client shall be entitled to credit funds once to the Card through the Issuer.
6. EXPIRY DATE OF THE CARD
6.1. The expiry date of your Card is printed on the Card’s front side. You will not be able to use your card after the expiry date.
6.2. After the expiry of the Card the Issuer will irreversibly block the Cards belonging to the Client and recorded in its system. The Client may request the redemption of the Electronic Money for a period of 6 years following the expiry date of the Card.
6.3. Pursuant to Clause 2.2, after the expiry of the Card, any Available Balance remaining on your Card and all statutory rights relating to the electronic money will remain in the Client’s ownership and will not be transferred to you.
6.4. With regard to the Card, the Issuer may charge an inactivity fee specified in Clause 9 after 12 months of Inactivity. The Issuer shall be entitled to charge the Inactivity Fee to the Cardholder retroactively after the conclusion of the Contract.
7. CARDHOLDER’S LIABILITY; AUTHENTICATIONS
7.1. We may restrict or deny the authentication of your Card if the Card is or may be used in breach of this Contract, or if we can suspect on reasonable grounds that you or a third party committed or intend(s) to commit a crime or other abuse in connection with the Card.
7.2. If we have to investigate a Transaction carried out with the Card, you are obliged to cooperate with us or – if necessary – any other official body.
7.3. Never:
7.3.1. let anyone else use your Card, or get access to it in any way;
7.3.2. write your PIN code, CVC number, password or any other security information related to the Card, the Account or the Website identification data on your Card or anywhere else;
7.3.3. disclose or otherwise make available your PIN code to anyone else in writing, in a manner that it may be observed by others when entering the code or otherwise;
7.3.4. share with or otherwise make accessible to third parties the Card, the Account or the Website access data, except if that third party is an Authorised Account Information Provider, and you wish to use its Account Information Service.
7.4. You are responsible for any Transaction that you authenticated via your signature, PIN code, CVC code or SCA, or where in the event of contactless transactions, you are unable to prove that no third person could access your Card.
7.5. You agree to hold harmless and indemnify us, our partners and any company belonging to the same company group as the above with regard to the expenses incurred by any legal action initiated in order to enforce these GTC, any breach of these GTC and/or the fraudulent use of your Card by you or authenticated by you.
7.6. The Cardholder may immediately – but not later than the day of the thirteenth month following the execution of the Transaction corresponding to the date of debiting the Card – initiate the rectification of the unapproved payment transactions or those approved but incorrectly executed. If the month of expiry does not contain the calendar day corresponding to the Date of Debiting, then the time limit for such rectification shall be the last day of the month.
7.7. The Cardholder expressly acknowledges and agrees that the Participating Business and/or the Cardholder shall be liable for any legal consequences arising from the unlawful use of the Card, and therefore the Programme Manager or the Issuer shall not have any liability in this regard.
7.8. If any reimbursement becomes necessary for the Cardholder under the legal relationship established between the Participating Business and the Cardholder, then – upon the written request of the Participating Vendor or the Cardholder and following the identification of the transaction – the Issuer and the Programme Manager execute the crediting, provided that if the payment for the Participating Business has already been executed, then it credits the amount to be reimbursed to the Cardholder’s Card only once the full amount is reimbursed by the Participating Vendor to the Issuer.
7.9. The Cardholder expressly acknowledges and agrees that the cancellation/modification of the Transaction or the restoration of the original state may be initiated on real grounds and along with the Participating Business only, in the form of a jointly submitted unanimous declaration.
7.10. The Cardholder expressly acknowledges and agrees that the settlement or reimbursement between him and the Participating Business – as well as the related request and the resulting enforcement of claims – may not serve as a basis for offsetting upon settlement with the Programme Manager or the Issuer, thus on no legal grounds may the claims between the Participating Business and the Cardholder be enforced against the Programme Manager or the Issuer, who expressly and fully exclude any such liability.
8. LOST, STOLEN OR DAMAGED CARDS
8.1. You have to handle the Electronic Money on the Card in the same manner as the cash in your wallet. If you lose your Card or if it is stolen, the amount on it may be lost just as if it had been in your wallet.
8.2. In the event of loss, theft, fraud or any other threat that involves the risk that the Card may be used in an unauthorised manner, or if the Card is damaged or malfunctioning, contact the Customer Service immediately. Only the Client has the necessary information for the Customer Service administration, considering the nature of the Card, so only the Client can proceed during the administration, so please also notify the Client of the theft, loss, damage or failure of the Card. You have to provide your Card number in order for the Customer Service to deal with your issue. Alternatively, you can arrange for the blocking of your Card at the website www.edenredkartya.hu or in the Edenred Mobile Application. To be able to do so, you have to register your card preliminarily on the www.edenredkartya.hu website.
8.3. Provided that you notified us in accordance with Section 8.2 and Section 8.4 does not apply, you will not be liable for losses incurred after the time you notified our Customer Service in accordance with the above. Before the notification, your liability for damages is limited in HUF 15,000. If there is Available Balance remaining on your Card after the notification, the Client may request the Programme Manager to replace your Card and that the last Available Balance be made available on the new Card.
8.4. If the reported event was caused by your breach of contract or your alleged conduct, or in case reasonable suspicion of fraudulent or improper conduct arises with respect to it, you will be held liable for all losses.
9. FEES
9.1. The following fees are charged during the use of the Card.
9.1.1. Monthly fee: the fee payable for keeping the Electronic Money available on the Card, which is charged monthly, with the proviso that if this fee cannot be charged due to lack of funds, we will attempt to deduct it on multiple occasions within the course of the month concerned.
9.1.2. Inactivity fee: charged if the Card is not used for any transactions for a period of 12 months. The Issuer may even charge the Inactivity fee retroactively after the activation of the Card, with the proviso that the 12 months of Inactivity is calculated from the date of Card Activation.
9.1.3. SCA fee: In order for completing the SCA, the Issuer sends a unique code for approving every online/electronic payment transaction in SMS. This fee is charged for the generation and sending of this unique code, unless otherwise provided, the Issuer refrains from charging the SCA fee.
9.1.4. Amenities fee: The fee payable for an ancillary service requested by the Cardholder, under which the Cardholder requests SMS notifications on the transactions.
9.1.5. ATM service fee: balance inquiry.
9.1.6. Account statement fee: charged if the Cardholder requests the postal delivery of printed account statements.
9.1.7. Account closure fee: following the lapse of 5+6 years, the Issuer shall be entitled to enforce an account closure fee up to the amount of the remaining balance.
9.1.8. Redemption fee: The fee payable for the transferring of the Electronic Money upon the Client’s request to the bank account designated by the same. We proceed in accordance with the statutory provisions upon redemption. For information in this regard, please contact our Customer Service.
9.2 Amount of fees until 31/12/2021
| Monthly fee | Inactivity fee díj | SCA fee | Amenities fee | ATM service fee | Account statement fee | Account closure fee | Reimbursement | |
| Edenred Comfort Card | HUF 99 / month | HUF 499 /month | HUF 20 / sms | HUF 400 / sms | HUF 100 / transaction | HUF 500 | up to the amount of the remaining balance | 6% of the transferred amount |
Amount of the fees until 01/01/2022
| Monthly fee | Inactivity fee díj | SCA fee | Amenities fee | ATM service fee | Account statement fee | Account closure fee | Reimbursement | |
| Edenred Comfort Card | HUF 25 / month | HUF 499 /month | HUF 20 / sms | HUF 400 / sms | HUF 100 / transaction | HUF 500 | up to the amount of the remaining balance | 6% of the transferred amount |
10. DISPUTED MATTERS
10.1. If you have reason to suspect that a Transaction for which your Card was used was unauthorised or was carried out by mistake for the Available Balance of the Card used by you, we will examine the Account and the circumstances of the Transaction, provided that you notify is within 13 months of the date of the Transaction. In this scope, we may require you to contact the relevant authorities in connection with the disputed Transaction.
10.2. If, based on the evidence available to us at the time when you report the unauthorised Transaction, we have no reasonable cause to assume that you failed to comply with the requirements of these GTC due to negligence or on purpose, or that you acted in a fraudulent manner, we will refund all unauthorised Transactions to the Card’s Available Balance.
10.3. However, if we receive information that suggests that the disputed Transaction was real, we will be entitled to deduct the value of any such Transaction from the Available Balance of the Card used by you.
10.4. We reserve the right not to refund you such amounts to your Card’s Available Balance if you acted in breach of this Contract or if you did not report any possible fraudulent claims to the competent authorities.
10.5. If you entered into an agreement pursuant to which another person operating in the European Economic Area may deduct payments from your Card (e.g. if you disclosed your Card’s data to a merchant for the purposes of payment), then – if all of the below conditions are fulfilled – you may request us to refund the payment which we will perform within 10 business days of the receipt of your request:
10.5.1. if the exact amount to be paid was not specified in the authorisation;
10.5.2. if the amount charged from your Account was higher than what you could have expected given the circumstances (e.g. based on your previous payment patterns); and
10.5.3. if you notify us regarding your refund request within 8 weeks of the date when the amount is charged from your Account.
11. COMPLAINTS
11.1. Any complaint made in connection with these General Terms and Conditions has to be reported first to the Programme Manager via the Customer Service mentioned in Clause 18 of these GTC.
11.2. We handle all complaints in the scope of our own complaints procedure. Upon your request, we will provide you with a copy of the description of our complaints procedure.
11.3. The Belgian Deposit Guarantee Scheme (or any other deposit insurance system) shall not apply to the Card. However, we will protect your funds in the case of our insolvency.
12. AMENDMENTS
12.1. If any part of this Cardholder GTC conflicts with any legal or regulatory requirement, then we will not effectuate that part of the Contract, and we will consider it as if it reflected the provision contained in the relevant legal or regulatory requirement. If we have to make changes with respect to our operations in order that we are able to fully comply with the new legal or regulatory requirements, we will take the necessary steps as soon as reasonably practicable.
12.2. The Issuer shall be entitled to unilaterally amend the Contract without prior notification of the Client. The Issuer shall publish the amendments on its website at least 15 days prior to their entry into force, as well as a prominent notice of the amendments on the website www.edenred.hu.
12.3. The Issuer shall be entitled to amend the Contract to the disadvantage of the Client and/or the Cardholder subject to prior notice. The introduction of any Fee related to new services introduced by the Issuer shall not qualify as an amendment to the disadvantage of the Client and/or the Cardholder if the amendment is not mandatorily applicable to the Client and/or the Cardholder or if it will apply only to those Clients and Cardholders who enter into a contract following the date of the amendment.
12.4. The Issuer informs the Client and/or the Cardholder about any amendments that are adverse to the Client and/or the Cardholder prior to the entry into force of such amendments, via publishing them on the website www.edenred.hu . If the Client and/or the Cardholder does not address any objection in writing until the date of entry into force of the amendment to the Contract, then the amendments shall be deemed as expressly accepted by the Client and/or the Cardholder. The Client and/or the Cardholder shall have the right to immediately terminate the Contract without any fee or charge payment liability or other payment liability until the entry into force of the amendments. After the amendment enters into force, the legal relationship between the Parties will be governed by the provisions of the amended GTC.
13. TERMINATION AND SUSPENSION
13.1. If you are not entitled to use the Card any more for any reason, the Card will be blocked immediately and you will not be able to use the Available Balance any more.
13.2. We shall be entitled to terminate or suspend this Contract with immediate effect (and until the settlement of the issue or the termination of the Contract) in the following cases: if you have breached these Cardholder GTC, used or intended to use the Card in an attributable, fraudulent manner or for illegal purposes, if we are unable to continue processing your Transactions due to the proceedings of third parties (extraordinary termination of contract), or if we have reason to believe that a security issue have arisen with regard to the Card.
13.3. Following the ordinary termination of the contract entered with the Client, the Issuer continues to ensure that the amount available to the Cardholders, credited prior to the termination of the legal relationship may be used until the date of expiry of the Card.
13.4. In the event of the extraordinary termination of the Contract, you will not be able to use your Available Balance any more as of the day of the termination of the Contract.
13.5. If in any of the above cases of termination or if you are not entitled to use the Card any more, all legal rights connected to the Electronic Money and the Available Balance will remain in the ownership of the Client and will not be transferred to you.
13.6. If we suspend or terminate your Account or your Card, we will immediately notify you or the Client regarding that the Card and/or the Account has been suspended or terminated, as well as the reason thereof, except where we are unable to do so due to legal or security reasons. In addition, in the case of suspension, we have to notify everyone concerned in the Transaction regarding this.
14. THE PROGRAMME MANAGER’S AND THE ISSUER’S LIABILITY
14.1. The following exceptions and restrictions apply to our liability in connection with this Contract (relating to damages arising in connection with the provisions of the Contract or otherwise – including negligence – the breach of statutory duties or other):
14.1.1. we assume no liability for any damages arising directly or indirectly from reasons beyond our control (including but not limited to the failure of network services and data processing systems);
14.1.2. we assume no liability for lost profit, loss of business or any indirect, consequential, special or punitive damage or loss;
14.1.3. if the Card is faulty due to our negligence, our liability will be limited to the replacement thereof; and
14.1.4. in any other event of our default, our liability will be limited to the reimbursement of the Available Balance on your Card.
14.2. No provision of this Contract may exclude or limit our liability for any deaths or personal injuries that occur due to our negligence or fraud.
14.3. We expressly exclude the conditions and warranties set out in law to the largest extent allowed by the law.
14.4. The exclusions and limitations of liability set out in Clause 7 and this Section 14 are also applicable to any liability arising towards you in connection with this Contract on the side of our affiliated companies such as the Programme Manager, MasterCard International Incorporated and other suppliers, contractors, agents, distributors and the affiliates thereof.
14.5. You may settle any disputed issue arising in connection with your purchases made with the Card with the merchant. Neither the Programme Manager nor the Issuer assumes liability for the quality, safety, legality or any other property of the goods and services purchased with the Card.
15. PROCESSING OF PERSONAL DATA / YOUR DATA
15.1. The Issuer as Data Controller shall process and use the personal data required in order to provide the service under these GTC and acquired by it during the performance thereof in accordance the data protection regulations in force. The legal grounds for data processing are constituted the performance of the Contract [Article 6 (1) (b) of the GDPR].
15.2. Summary table of the Issuer’s and Programme Manager’s processing of personal data:
| Summary of the processing of data concerning the Edenred Card Service provided by the Issuer to the Cardholder | |
| Data Controller | Issuer |
| The purposes of the processing | Performance of Services specified in the Card Holder GTC |
| Legal grounds for data processing | The performance of the Contract concluded between the Issuer and the Card Holder [Article 6 (1) (b) of the GDPR] |
| Scope of the processed data | Data Subject’s surname; Data Subject’s forename; name on card (21 characters at most); date of birth; permanent residence (postal code, town, street, number); mailing address if other than residence (postal code, town, street, number); Data Subject’s email address; Data Subject’s mobile phone number; amount to be credited; serial no. of card; habitual residence in Hungary if Data Subject is a foreigner; account history; workplace of the Data Subject; Data Subject’s account number |
| Term of data processing | Total duration of the service and 6 years following its termination (until the limitation period of the possible claims concerning the Service) |
| Processors | Edenred Magyarország Kft.: (registered office: H-1134 Budapest, Váci út 45.) purpose of data processing: operation of systems and provision of support in relation to the provision of the Edenred Card Service Programming Pool Romania (registered office: Strada Transilvaniei 18A, Baia Mare, Romania) purpose of data processing: supply of software supporting services related to the Card, IT support Idemia Hungary Kft. (registered office: Tó-Park, hrsz.: 3301/21., 2045 Törökbálint, Tópark utca) purpose of data processing: manufacturing of cards Y-Collective Kft. (registered office: H–7628 Pécs, Arany János u. 24.) purpose of data processing: extranet operation, processing of card orders, operation of website and Edenred Mobile Application; IT support activity The Rocket Science Group LLC d/b/a MailChimp (registered office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308, USA) purpose of data processing: sending of information e-mails concerning the Edenred Card Service (system messages, amendment of the GTC, update of the mobile application) |
| Summary of the processing of data related to the Programme Manager’s marketing and advertising activity | |
| Data Controller | The Programme Manager is the Data Controller in relation to the data processing related to the Programme Manager’s marketing and advertising activity. |
| The purposes of the processing | Sending marketing and advertising messages to the Card Holder |
| Legal grounds for data processing | The Data Subject’s consent [Article 6 (1) (b) of the GDPR and Section 6(1) of Act XLVIII of 2008 on the Basic Requirements of and Certain Restrictions on Commercial Advertising Activities]. The consent may be withdrawn at any time. |
| Scope of the processed data | Data Subject’s surname; Data Subject’s forename; Data Subject’s email address; Data Subject’s mobile phone number |
| Term of data processing | Until the consent is withdrawn |
| Processors | Y-Shift Kft. (head office: H–7636 Pécs Neumann János utca 24., Hungary) purpose of data processing: data processing for advertising purposes The Rocket Science Group LLC d/b/a MailChimp (registered office: 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308, USA) purpose of data processing: data processing for advertising purposes – sending of newsletters |
The summaries only serve the purpose of convenience, please read the full Privacy Notice made available at the website www.edenred.hu
15.3. The Cardholder may contact the Programme Manager in order to ensure the enforcement of his rights with regard to the processing of his personal data by sending an electronic mail to either of the adatkezeles-hu@edenred.com dpo.hungary@edenred.com e-mail addresses.
16. GENERAL PROVISIONS
16.1. If we do not exercise or delay with exercising any right or legal remedy set out in this Contract, this shall not be considered as a waiver of that right or legal remedy or the exclusion of the later exercising of such right or legal remedy.
16.2. If any provision of this Contract is deemed unenforceable or illegal, this shall have no effect on the remaining provisions, provided that the unenforceable or illegal provision is not an essential part of the Terms.
16.3. You may not assign or transfer your rights and/or benefits arising from these General Terms and Conditions. Your liability will continue until all Cards given into your use are cancelled or expired, and all amounts payable under these GTC are paid by you and/or the Client. We may assign our rights and benefits at any time without notifying you and/or the Client preliminarily in writing. We may subcontract any of our obligations arising from these GTC.
16.4. No third party that is not a party to these GTC shall have the right to enforce the provisions of these GTC, with the exception that Mastercard International Incorporated and its relevant affiliated companies shall be entitled to enforce any provision of this Contract that provides them any benefit or right, and the (legal) entities specified in Clause 14.4 shall be entitled to enforce the contents of Clause 14.
16.5. This Contract is governed by the Belgian law, and you consent to the non-exclusive jurisdiction and competence of the courts of Belgium. This provision is for your benefit and does not restrict your right to initiate proceedings at the courts specified in Section 624, points 1°, 2° and 4° of the Belgian Courts Act.
16.6. In accordance with Articles VII.5 and VII.29 of Book VII of the Belgian Code of Economic Law, you explicitly agree that Articles VII.30 § 1, VII.32 § 3, VII.42, VII.44, VII.46, VII.47, VII.50, VII.55/3, VII.55/4, VII.55/5 and VII.55/7 of the Belgian Code of Economic Law and the time limitations set out in Article VII.41 of Book VII of the same shall not be applicable.
17. PROVISION OF INFORMATION AND COMMUNICATION
17.1. The language of the Contract is the Hungarian.
17.2. The Issuer provides the Cardholder who initiated the establishment of the Contract with information about the GTC and the fees, as well as any modifications or amendments made to these by disclosure on the website www.edenred.hu.
17.3. The Parties agree that the Transactions executed with the Card will be available at the website www.edenredkartya.hu or via the Edenred Mobile Application. The Issuer shall, upon request, provide the Cardholder with a statement of account on a durable medium (by e-mail) for a fee.
17.4. The Cardholder can obtain information about the amount of the Electronic Money available on the Card given into his use at any time by visiting the website www.edenredkartya.hu or via the Edenred Mobile Application.
17.5. The Cardholder expressly agrees that, during the term of the Contract, the communication between him and the Issuer and the Programme Manager will take place by telephone.
17.6. The Issuer and the Programme Manager will send the notifications and statements to the Cardholder’s e-mail address entered during the course of the Cardholder’s registration at the website www.edenredkartya.hu. The Issuer and the Programme Manager shall not be held liable for any damages arising from the failure to receive such notifications, including the case where the Cardholder entered an incorrect e-mail address or if the e-mail address no longer exists, or if the Cardholder has no longer access to the entered e-mail address.
17.7. The Cardholder can communicate with the Issuer via the Customer Service.
18. CONTACTS OF THE CUSTOMER SERVICE
18.1. If you need help or wish to report that your Card has been lost or stolen, call our Customer Service at the number
+36 1 382 4000 in the business hours available on the website www.edenred.hu, or contact us by using the online interface also available on www.edenred.hu.
18.2. Lost or stolen Cards may be reported on the website www.edenredkartya.hu or the mobile application available for Android and iOS 24 hours a day. Also here, you can use the function designed for the case where you forget your PIN code 24 hours a day.
18.3. Available Balance inquiry and Card Blocking are available to Cardholders 24 hours a day via the +36 1 382 4000 phone number, the www.edenredkartya.hu website or the mobile application available for Android and iOS 24 hours a day.
18.4. If you have any difficulties using the Card, please contact our Customer Service or the Client.
The Programme Manager may apply and charge the following fees and costs regarding the Services in cases specified in the Client GTC, and in the existence of the following circumstances.
1. Fees and Charges
a. Card Manufacturing, Card Replacement and Delivery fees
The fee for card manufacturing relates to a single card, while the delivery fee is defined for the delivery of a package.
| Type of Card | Card Fee (manufacture of new cards) | Card Replacement Fee (replacement of lost, stolen, damaged cards) | Delivery charge |
| Edenred Comfort Card | HUF 1,000 + VAT / card* | HUF 1,000 + VAT / card | HUF 1,990 + VAT /package |
* The special Card Fee amount is 500 HUF + VAT / card, which is valid until recalled.
b. Service Fee
The rate of the Service Fee is defined in the Edenred Comfort Card Contract concluded between the Client and the Programme Manager.
The discounted Service Fee is 0% and is valid until recalled.
c. Fee for Crediting Card Balance of inactive Cards
A fee is charged for crediting the balance of an inactive Card as set out in the GTC.
Card Balance Crediting Fee: 6% of the nominal value of the balance credited + VAT (but at minimum HUF 3,000 + VAT) Amounts under the minimum fee may not be requested to be credited.
2. Fee changes
Edenred may modify the amounts of the fees and charges set out in this Annex depending on changes of the current market prices and its own costs once per year. Modifications not exceeding 10% of the fee concerned shall not qualify as amendments to the GTC.
The change of the fees and amounts modified thereby shall be published on the Edenred website. Edenred reserves the right not to enforce modification of the fee (whether on a single occasion or on multiple occasions) for certain clients / client groups based on a separate agreement.
3. Miscellaneous provisions
Any fee and charge specified in this annex shall be considered in HUF. VAT shall be determined in accordance with applicable laws.
The fees and charges specified in this annex are in force from 1 November 2021.
Click here to download Request for Crediting Card Balance- non activated Cards