Legal

Last update: 15.07.2024

Data Processing Agreement

Inqtel Pty Ltd, a company registered in Australia with Australian Business Number 17 631 457 228 and DUNS 745354067, hereinafter referred to as "Inqtel", and an individual user of Inqtel's web or mobile application, hereinafter referred to as "User". Inqtel and User are collectively referred to as the "Parties" and individually as a "Party".

Background

Inqtel provides web and mobile application services ("Services") that involve the processing of personal data. User wishes to use the Services provided by Inqtel and may provide personal data to Inqtel during the use of the Services. Inqtel and User desire to enter into this Agreement to ensure compliance with applicable data protection laws and regulations.

Please note that Inqtel Japan LLC and Inqtel Taiwan LTD utilize proprietary protocols developed by Inqtel Pty Ltd.

1. Agreement 1. Definitions 1.1 "Personal Data" means any information relating to an identified or identifiable natural person. 1.2 "Data Processing" means any operation or set of operations performed on Personal Data. 1.3 "Data Controller" means the natural or legal person, public authority, agency, or other body which determines the purposes and means of the Data Processing. 1.4 "Data Processor" means a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Data Controller.

2. Data Processing 2.1 Inqtel shall act as a Data Processor in processing Personal Data on behalf of User, who shall act as the Data Controller. 2.2 Inqtel shall process Personal Data only for the purposes instructed by User and in accordance with User's documented instructions. 2.3 Inqtel shall implement appropriate technical and organizational measures to ensure the security and confidentiality of the Personal Data. 3. Data Subject Rights 3.1 Inqtel shall promptly notify User if it receives a request from a Data Subject regarding their Personal Data. 3.2 Inqtel shall assist User in fulfilling its obligations to respond to Data Subject requests, including requests to access, rectify, or erase Personal Data, as required by applicable data protection laws.

Data Security 4.1 Inqtel shall implement and maintain appropriate security measures to protect Personal Data from unauthorized access, disclosure, alteration, or destruction. 4.2 Inqtel shall promptly notify User in the event of any unauthorized access to, or disclosure of, Personal Data. Subprocessing 5.1 Inqtel shall may engage any third-party subprocessors to process Personal Data without the prior written consent of User. 5.2 In the event User consents to the engagement of subprocessors, Inqtel shall enter into an agreement with each subprocessor that imposes data protection obligations that are no less protective than those set forth in this Agreement. Data Transfer 6.1 Inqtel may transfer Personal Data to countries outside the European Economic Area (EEA) or Australia, provided that appropriate safeguards are in place to ensure an adequate level of data protection. Data Brech Notification 7.1 Inqtel shall notify User without undue delay upon becoming aware of any Personal Data breach affecting User's Personal Data, and shall provide reasonable assistance to User in investigating and mitigating the breach. Term and Termination 8.1 This Agreement shall remain in effect for the duration of Inqtel's provision of Services to User. 8.2 Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach. General 9.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

Govening Law 10.1 This Agreement shall be governed by and construed in accordance with the laws of Australia.

Pre-Authorization Feature Explanation for Eligible Merchants

Dear Existing / Future Members, We would like to provide comprehensive details regarding the pre-authorization feature and its implications for eligible merchants. It is important to fully understand the workings of this feature to maximize its benefits. Thank you for your attention to this matter.

Explanation of Pre-Authorization Feature

Pre-authorization involves the reservation of funds on a card for a pending sale, which may either proceed to processing or be cancelled at a later time. This ensures that customers have sufficient funds available when the transaction is finalized, thereby enhancing transaction security and reliability. Both Mastercard and Visa have established pre-authorization processing standards aimed at mitigating issues experienced by both cardholders and merchants. Addressing these standards is crucial as pre-authorizations often lead to customer grievances. These standards pertain to authorizations that hold an initial or pre-authorized amount on a card temporarily until the final transaction amount is determined. Eligibility for pre-authorization functionality is determined based on Merchant Category Codes, and activation of this feature requires approval from us as your service provider. Please note that the availability of the pre-authorization feature and transaction types associated with it depends on the selected payment solution and the type of card presented. Should you have any further inquiries or require additional clarification on this matter, please do not hesitate to contact us.

Explanation of Pre-Authorization Transaction Types

1. Pre-Authorization: This initial transaction reserves funds on a card for a future sale, ensuring the availability of funds without debiting the cardholder's account until the final payment is processed. 2. Completion: Used to charge the cardholder and release the held funds from a previous pre-authorization transaction, including any adjustments made. 3. Top-Up: Increases the value of the original pre-authorization when the anticipated final transaction amount exceeds the initially authorized sum. On Mastercard transactions, this action also extends the expiry date of the original pre-authorization. 4. Extend: Increases the duration of the pre-authorization period by up to an additional 30 days without altering the authorized amount. 5. Partial Cancellation: Decreases the value of the original pre-authorization when the final transaction amount is expected to be less than the initially authorized sum. 6. Full Cancellation: Fully cancels a pre-authorization that is no longer required. 7. Account Verify: This feature confirms the validity of a card without processing any transaction value or reserving funds. It is particularly useful for verifying card numbers prior to establishing recurring payments. It is important to note that while this feature validates card details, responsibility remains with the merchant to verify the cardholder's identity and transaction validity. These transaction types are contingent upon the payment solution selected and the type of card presented. Should you require further elucidation on any of these transaction types or have additional inquiries, please do not hesitate to reach out.

Compliance with Mastercard® and Visa® Pre-Authorization Standards

Mastercard and Visa regarding pre-authorization processes, aimed at mitigating issues encountered by both cardholders and merchants concerning outstanding pre-authorization holds on cards. Key requirements outlined by these standards include: Cancellation of Pre-Authorization Transactions: It is mandatory to utilize the 'partial cancellation' or 'full cancellation' features to cancel any pre-authorization transactions that are no longer necessary. Transactions should not be left to expire and must be promptly cancelled upon determining that the held amount is no longer required. Elimination of Extra Payment Guarantee: The previous extra payment guarantee of 15-20% is no longer applicable. Instead, use the 'top-up' transaction on your payment solution to increase the held amount before completing the pre-authorization transaction. Extension of Pre-Authorization Holds: Utilize the 'extend' feature on your payment solution to prolong the duration of a pre-authorization hold beyond its original validity period, if necessary. Account Verify Feature: This feature allows you to verify the validity of a card number without holding funds on the card. It is essential to note that this service solely verifies the card number's validity. You remain responsible for verifying the cardholder's identity and ensuring the transaction's validity. Variations in Features: Understand that the behavior and validity periods of pre-authorization features may vary between Mastercard and Visa, and could depend on the cardholder's issuing bank's support of the pre-authorization standards. For detailed information about available pre-authorization features, processing guidelines, and validity periods for the Schemes, please refer to your terminal user guide and/or consult your payment solution provider. Should you have any questions or require further clarification regarding these standards, please do not hesitate to contact us.

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