Conditions of Use of the Digital Wallet

Valid from 7 December 2020

1. GENERAL PROVISIONS

   1. The conditions of use of the digital wallet (hereinafter the Conditions) govern the relations between AS LHV Pank (hereinafter the Bank) and the Bank's customer (hereinafter the Customer) in using the digital wallet (hereinafter the Digital Wallet) services provided by third parties via an electronic means of payment or the Card to be issued by the Bank.
   2. The Conditions shall form an integral part of the conditions of the Card Agreement associated with the Digital Wallet and shall be applicable to the Card Agreement associated with the Digital Wallet, unless otherwise separately agreed between the Bank and the Customer.
   3. In issues not regulated by the Conditions, the Bank and the Borrower shall be governed, in addition to the conditions of the Card Agreement associated with the Digital Wallet, by the Bank's General Conditions and the Conditions of Payment Services Agreement, including other documents referred to therein. The Customer has reviewed all of the above conditions, is aware of and consents to the Parties' rights and obligations arising therefrom.
   4. The Conditions shall be governed by the laws of the Republic of Estonia.

2. TERMS AND DEFINITIONS

   1. In addition to the terms defined in the Bank’s General Conditions, Conditions of Payment Services Agreement, conditions of the Card Agreement associated with the Digital Wallet and any documents referred to therein, the following terms shall be used in the Conditions:
      1. Digital Wallet is a service which is provided by a third party and allows the Card user to carry out Digital Wallet operations via the payment solution designed for the (smart) device (e.g. smart phone, smart watch, wristband, jewellery, desktop computer, etc.).
      2. Digital Wallet operation means the use of the Card associated with the Digital Wallet for payment for goods and services in shops, applications and in the online environment at all points of sale, which accept and allow Digital Wallet payments. Digital Wallet operation is an Operation in the meaning of the Card Agreement associated with the Digital Wallet, and shall be additionally governed by the provisions regarding Operations in the relevant Card Agreement.

3. USE OF THE CARD IN THE DIGITAL WALLET

   1. The Customer shall have the right to use the Digital Wallet service after the Customer digitalises, in accordance with the instructions of the Digital Wallet service provider, the Card which has been approved by the Bank as suitable for the Digital Wallet.
   2. The Digital Wallet operations shall be governed by the conditions of the Card Agreement associated with the Digital Wallet and the agreements concluded with the Bank with regard to the Account(s) associated with the Card, considering the specifications provided in the Conditions.
   3. The Card user is obliged to use a (smart) device, which is linked with the digitalised Card in the Digital Wallet, in a reasonable manner and in accordance with the security requirements provided for the use of the Card in the conditions of the relevant Card Agreement, including to notify the Bank of the loss or theft of the (smart) device, and to remove, block and/or suspend the Card in the Digital Wallet in cases where a third party is given possession of the (smart) device.
   4. The Bank shall treat any payments made via the Digital Wallet operation as a Payment Transaction (card transaction) in the meaning of the Conditions of Payment Services Agreement and as an Operation in the meaning of the conditions of the Card Agreement associated with the Digital Wallet. The service charges which may be applied by the Digital Wallet Service provider and/or third parties involved in the provision of the service (e.g. mobile communication companies or data communication service providers) shall be regulated by the agreements concluded between the Card user and the relevant third party.
   5. The Bank shall not be held responsible for the provision of the Digital Wallet service, including for any disturbances or failures in the use of the service, as the relevant service is provided by the Digital Wallet service provider.

4. PRIVACY, DATA, CLAIMS AND LIABILITY

   1. Digital Wallet operations shall be governed by the Bank's Principles of Processing Customer Data. By digitalising the Card in the Digital Wallet, the Customer shall declare being aware of and giving consent to the processing of Customer Data associated with the Digital Wallet operations and the sharing of the payment data associated with the Digital Wallet operations (e.g. name of remitter and beneficiary, payment amount, payment details, account number, personal identification code, address, transaction data, bank card data, telephone number) with the Digital Wallet service provider, payment network service provider and third parties for the purpose of fulfilling the Conditions and saving payment data.
   2. The Bank shall not be held liable for the privacy and security of any data which are granted into the possession of the Digital Wallet service provider by the Customer and/or Card user. The Digital Wallet service provider (e.g. Mastercard) processes the data in accordance with the privacy rules established by the Digital Wallet service provider, and the Customer and/or Card user must contact the Digital Wallet service provider to examine the privacy rules. The privacy rules of Mastercard as a Digital Wallet service provider are available on Mastercard’s website.
   3. Any claims and liability related to the Digital Wallet operations shall be governed by the conditions of the Card agreement associated with the Digital Wallet.

5. ENTRY INTO FORCE AND AMENDMENT OF THE CONDITIONS AND TERMINATION OF USE OF THE DIGITAL WALLET

   1. The Card user accepts the Conditions, i.e. the Conditions shall enter into force with regard to the Card user upon digitalisation of the Card in the Digital Wallet and shall remain in force for an unspecified term.
   2. The Bank shall have the right to unilaterally amend the Conditions or to block the use of the Digital Wallet by the Card user by notifying the Customer and/or the Card user in accordance with the Bank's General Conditions, Conditions of Payment Services Agreement, conditions of the Card Agreement associated with the Digital Wallet, and the Imperative Provisions.
   3. The Customer shall have the right to unilaterally terminate the use of the Digital Wallet without notifying the Bank in advance, by removing the Card from the Digital Wallet.
   4. The use of the Digital Wallet shall be automatically terminated if the Card is removed from the Digital Wallet and/or upon termination of the Card Agreement which has been concluded between the Bank and the Customer and is associated with the Digital Wallet, and/or upon termination of the Payment Services Agreement concluded between the Bank and the Customer.
   5. Termination of the use of the Digital Wallet shall have no bearing on the collection or satisfaction of financial claims that arose prior to termination of the use of the Digital Wallet.