Terms and conditions | S5
By using the services provided by S5, you accept the terms in this page. Please read them carefully to make sure you are well aware of the different rules and terms.

By using Payment terminals provided by S5 and its subsidiaries you accept the terms provided to you when you accepted the agreement. Please read them carefully to make sure you are well aware of the different rules and terms.
11 Terms Payment terminals
All Card present Merchants or other party already processing or wishing to process payments, or to use the S5 card present payment products, will need to contact S5 either by phone 0045 70262110 or by e-mail info@s5.dk, to receive a copy of the General Terms and Conditions.
22 Anti money laundering
General declaration regarding AML, CFT and KYC for S5, The battle against money laundering (AML) and terrorist financing (CFT) is an ongoing and continuous process. Since criminals require financial services in order to launder the proceeds of and fund their criminal activities, payment service providers must be able to identify and understand the potential risks of their services being used for money laundering and/or terrorist financing, and implement appropriate administrative processes to prevent, or at least minimize such risks.

Proper Know-Your-Customer (KYC) practices are central. A strong knowledge of the customer provides a basis for understanding the general activities in which a customer usually would be expected to engage. This gives the payment service provider an opportunity to detect unusual and suspicious activities, investigate these appropriately, and alert relevant authorities when required. In light of our changing environment, it is of great importance that payment service providers and other financial institutions continually evaluate the strength and relevance of their existing policies, procedures and employee training programs and, if necessary, update them to address these changes.

Money laundering and terrorism not only harm the public as a whole but can also damage the stability and reputation of the financial sector. It is obviously in society’s best interests that all reasonable measures to prevent money laundering and terrorist financing are taken. Our Anti-Money Laundering and Anti-Terrorist Financing Philosophy It is of great importance that payment service providers act to combat the risks of money laundering and assist governments in the identification of potential terrorist funding activities. Below follow some of the things we do within S5 : S5 has adopted an Anti-Money Laundering and Anti-Terrorist Financing Policy that requires S5 to develop and implement effective AML and CFT programs in compliance with applicable laws; Our Compliance Officer is responsible for developing and applying policies, practices and procedures to prevent money laundering and the financing of terrorist activities.

We have established procedures and routines regarding Know-Your-Customer and Customer due diligence which, for example, comprise identifying the customer and verifying the customer’s identity on the basis of documents, data or information obtained from a reliable and independent source (such as public records) and, where applicable, the beneficial owner. We have established implementation of appropriate controls, regulations and compliance procedures; Furthermore S5 pays special attention: to understanding the ownership and control structure of our customers, to obtaining information on the purpose and intended nature of business relationship, and, to monitoring business relationships, including scrutiny of transactions to ensure consistency of transactions with obtained information about purpose and intended nature of business relationship; If a customer’s reasons for a transaction/activity are not clear or understandable S5 takes measures in order to prevent money laundering or terrorist financing.

We rely on those closest to our customers – local branch managers, relationship managers and customer service personnel – to understand fully with whom we are doing business and to ensure that the business we conduct on behalf of our customers is legitimate; We have developed and continue to update policies and procedures that meet or exceed applicable legal and regulatory requirements, and continuously train employees in them. We have established processes to assist governments in identifying relevant information with regard to suspected terrorist and money-laundering entities or individuals identified by government agencies (e.g. EU’s and OFAC’s sanction list). Furthermore we fully co-operate with law enforcement and regulatory agencies to the extent that is possible in regard to applicable regulation.

We have developed procedures that assist in the monitoring of transactions for the purpose of identifying possible suspicious activity; We recognize that preventing money laundering and identifying possible terrorist financing activities is an ongoing process that involves constant diligence and the ability to keep pace with the ever more sophisticated schemes employed by criminals; We have established employee training programs to educate and assist employees in the ways of preventing anti-money laundering and anti-terrorist financing transactions; S5 does not allow direct use of correspondent accounts by third parties (payable through account) to transact business on their own behalf; and S5 does not allow anonymous accounts. S5 continuously updates its policies and procedures, systems and technology, and we are training our staff to assure that we are well equipped to combat money laundering and other financial crimes and assist governments in the war on terrorism. All this is done in accordance with national legislation and international recognized standards and regulations. We are fully committed to remaining constantly alert to prevent the use of our products and services by those who would abuse them.
33 Acceptable use policies
All clients of S5 agree to abide by the following policies. S5 reserves the right to change and update these policies as it sees necessary. Introduction: The primary purpose of S5 is to facilitate and manage access to clients’ products and services for consumers. It is S5’s intention to accept payment from consumers for access to clients’ products or services with minimal or no interference from S5. However, many banks have specific guidelines for use of their accounts. In addition, many Service Providers also have specific guidelines pertaining to general use of the Internet.

This AUP will be used to help S5’s system administrators’ deal with complaints from users of S5-connected systems, and to determine when action should be taken. It is expected that the client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of conduct, and are intended to ensure protection of S5’s technical resources, ability to continue to provide high quality service to the client, and protect S5 ’s reputation as a service provider.
44 Acceptable use policies – security
The client is responsible for all use of their account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. S5 will suspend or change access to your S5 client account(s) immediately upon notification by you that your password has been lost, stolen or otherwise compromised. S5 is not liable for any usage and or charges prior to S5 making the necessary account alteration. Electronic mail on this system is as private as S5 can make it. The client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.
55 Acceptable use policies – non-transferability of account
The right to use S5 payment services is not transferable. Use of S5 services is expressly limited to the individual or business whose name appears on the contract, and is further limited to the products and services approved by S5 when entering into the contract.
66 Acceptable use policies – unacceptable conducts
The following types of conduct are grounds for immediate suspension of service pending investigation by S5 and may result in termination of any and all accounts held by the individual or corporation associated with these violations. You will also be held responsible for the actions of your business relationships (Referrers, Associates, etc.) that impact S5.

Your cooperation is necessary to ensure that those involved in these relationships comply with S5’s AUP and those of S5’s providers. If they violate any of the following policies, S5 expects you to make certain that they immediately cease the non-compliant action or that you discontinue your association with them. Continuing violations by your business relationships may result in S5 at its discretion having to terminate payment to your business relationships or S5’s agreement with you.

6.1 Spamming or Harassment

6.1.1 Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

6.1.2 Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.

6.1.3 Engaging in either (1) or (2) from a provider other than S5 to draw attention to a store housed within S5’s networks or covered by S5’s agreement with the client.

3.1.4 Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by S5.

6.1.5 Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.

6.1.6 Impersonating another user or otherwise falsifying one’s user name in Email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)

6.2 Network Unfriendly or Illegal Activity

6.2.1 Attempts, whether successful or not, to gain access to any other system or users’ private data without express consent of the user.

6.2.2 Attempts to interfere with the regular workings of S5’s systems or network connections or which adversely affect the ability of other people or systems to use S5’s services or the Internet.

6.2.3 Any unauthorized attempts by a user to gain access to any account not belonging to that user on this or any other of S5’s systems.

6.2.4 Any activity, which violates any local, state, EU or international law or regulation.

6.3 Violation of S5 Policy

6.3.1 Sale using payment services provided by S5 of any products or services, or sale from any physical shop that has not been approved by S5.

6.3.2 Failure to provide products or services sold to customer in either a trial transaction, regular transaction, or recurring transaction.

6.3.3 Sale of any products or reproduction or transmission of any material in violation of any local, national, or international law or regulation. S5 makes every attempt in such cases to work with law enforcement agencies to provide information about the providers and purchasers of such products or material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any national, or international law.

6.3.4 S5 will not process for physical shops advertising or selling the following: 1) buyers’ clubs or membership clubs; 2) credit counseling or credit repair services; 3) direct marketing or non-internet type subscription merchants; 4) infomercial merchants; 5) multi-level marketing businesses; 6) outbound telemarketers; 7) prepaid phone cards or prepaid phone services; 8) rebate-based businesses; 9) “Up-Sale” merchants; 10) free grants or grant giveaways; 11) cash, money-making opportunities, or making money at home opportunities; 12) “cash for opinions”; 13) grant/cash money making schemes; or 14) Pharmaceutical Information in relation to the purchasing of Pharmaceutical drugs.

6.3.5 Using a sub-account for a physical shop that has been approved to process for another physical shop that is not registered to that sub-account and approved by S5.

6.3.6 Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening.

6.3.7 Display of the trade or service marks of any banks working with S5 on any physical display material is specifically prohibited without the express written permission of S5 and the bank.

6.4 S5’s Right to Cancel

6.4.1 In the event client’s account is suspended for unacceptable conduct or suspicion of fraud, the account may be terminated and all monies held for a period of six months to one year. In addition, S5 reserves the right, where feasible, to implement technical mechanisms, which prevent the occurrences listed above. Furthermore, S5 is under no obligation to notify client of its actions.

6.4.2 S5 may deactivate S5 accounts or sub accounts that have not processed any transactions within a 90-day period. Accounts are deactivated in order to minimize the unnecessary operational cost associated with maintaining them in the system.
77 Acceptable use policies – monitoring/privacy
S5 reserves the right without your permission to monitor any and all communications through or with its facilities as well as all Clients’ sites for compliance with this AUP and S5 Terms and Conditions. Client agrees that S5 is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for S5 employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
88 Acceptable use policies – cooperation with authorities
S5 reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.
99 Acceptable use policies – confidentiality of personal subscriber information
S5 will not release any client or customer personal information, nor client or customer billing information, to any third party except upon presentation of a valid court order, or request to which S5 is legally required to respond to. Client agrees that S5’s judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.
1010 Acceptable use policies – S5 - right to modify these acceptable use policies
S5 may modify these Acceptable Use Policies on its website in any way, at any time. It is your responsibility to review the AUP on the website on a regular basis to ensure compliance with the latest version of this AUP. Your use of S5 services after such changes have been posted shall constitute your acceptance of the modifications to these policies. We hope the AUP is helpful in clarifying the obligations of users, including S5 and its clients. Any complaints about a client’s violation of the AUP should be sent to S5.
1111 Our Partners Privacy Policies
Privacy Notice

Valitor (“We, Us, Our”) is a provider of payment Services that includes issuing of cards and acquiring of card transactions, provision of consumer loans and various other payment related services (“Service”). As a payment service provider, We may process Your data for variety of reasons in relation to this purpose.

This privacy notice outlines how We use and process personally identifiable information in relation to Our Services.

1.1. Data means any electronic data or information that is processed by Us respective of the Services. Data may include but is not limited to; personally identifiable information as it is defined in the General Data Protection Regulation, such as name, address, phone number, e-mail address, and any payment details associated with the Services, including all transaction and card data. Data may furthermore include any information or data that is processed under instructions from You; and data or information that Valitor is required to process in order to comply with legal requirements or it has legitimate interest to process, including information obtained from third parties.

1.2. How Data will be used: Data may be processed by Us for variety of reasons including but not limited to ensure compliance to applicable legal requirements, for the purposes of business processes including without limitation management analysis, audit, forecasts, business planning and transactions (including joint ventures and business sales), dealing with legal claims and maintaining good governance. Valitor may anonymise Data and use it for analysis of statistical trends, carrying out actuarial work, business planning, risk assessment and to analyse costs and charges.

1.3. Data disclosures: To provide the Services, Valitor is required to disclose Data with various third parties, including but not limited to; government authorities, partners and suppliers of essential services such as financial institutions and payment schemes. Such third parties may include:

Our partners and service providers. We share Data with service providers who help Us provide the services to You. These may include banks and other financial institutions, credit bureaus, website hosting providers, data analytics providers, information technology, customer service, email delivery; Third parties that You have authorized to receive such data, for example if You authorize a third-party application provider to access Your information. The use of data by a third party authorized by You is subject to the third party’s privacy policy and/or terms and conditions; We share Data with entities within the Valitor Group of companies; We use and disclose data as we believe necessary for any of the following purposes: (a) under applicable law; (c) to protect Our legitimate interest (d) to respond to production orders from law enforcement, courts, regulatory bodies, and other public and government authorities, which may include authorities outside the country You reside in

1.4. Retention period: We take appropriate measures to ensure that any Data is kept only for so long as is necessary for the purpose for which such information is used and/or to comply with applicable law.

1.5. Transfers outside the European Economic Area: We will ensure, to the extent that any personal data originating from the European Economic Area is transferred to a country or territory outside the European Economic Area that has not received a binding adequacy decision by the European Commission or a competent national data protection authority, such transfer will be subject to appropriate safeguards that provide an adequate level of protection or where alternative arrangements are in place to protect the rights of data subjects.

1.6. Rights under the GDPR: The General Data Protection Regulation (GDPR) has a number of provisions with regard to the rights of the data subjects. Data subjects have the right to request access to and rectification of personal data, the right to erasure, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability. In the case where a data subject has provided consent for the processing of personal data the data subject has the right (in certain circumstances) to withdraw that consent at any time which will not affect the lawfulness of the processing before the consent was withdrawn. Data subject are recommended to contact Valitor at privacy@valitor.com for any request regarding data subject rights. Data subjects have the right to lodge a complaint to the local Data Protection Authority in the believe that We have not complied with the requirements of the GDPR with regard to personal data.

1.7. Security: We are committed to ensure that Data is secure and complies fully with the applicable law. In order to prevent unauthorized access, use or disclosure We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We process.

1.8. Changes to this Privacy Notice. We may occasionally update this Privacy Notice. When We do, We will notify you either by placing a prominent notice on the home page of Our Website or by directly sending You notification. We encourage You to periodically review this Privacy Notice to stay informed about how We are using and protecting Personal Information We collect. Your continued use of the Website constitutes Your agreement to this Privacy Notice and any updates that We may make.

1.9. Opting out of marketing messages. You can ask Us to stop sending you marketing messages at any time by contacting Us at privacy@valitor.com. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of the Services.

1.10. Identity and contact details of controller and data protection officer: To get further information relating to how We processes personal data it is possible to contact Us via email: privacy@valitor.com. Our full contact details are Valitor hf., Dalshraun 3, 220 Hafnarfjörður, Iceland.
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