RULES APPLICABLE TO ECUADOR
STATEMENTS
- Through Resolu.on No. SB-DTL-2018-450, dated May 4, 2018, the Office of Legal Procedures of the
Banking Superintendency authorized Kushki S.A. as an Ancillary Services Company for payments and
transac.ons in the Public and Private Financial Sectors.
- Through Resolu.on No. BCE-DNRO-2018-198, dated August 14, 2018, the Central Bank of Ecuador
authorized Kushki to operate as a Payment Processing System.
- Through Resolu.on No. NAC-DNCRASC20-00000001 dated September 4, 2020, the General Office of
the Internal Revenue Service authorized Kushki as a “Withholding Agent” for both income tax and
value added tax (VAT).
- Through Administra.ve Resolu.on BCE-DNRO-2022-002 dated May 9, 2022, the Central Bank of
Ecuador authorized Kushki to provide payment aggrega.on services.
- Kushki declares that, pursuant to the aforemen.oned authoriza.ons, it may act both under a Gateway
scheme and/or in the capacity of Payment Aggregator, as defined by the Internal Revenue Service
under Resolu.on No. NAC-DGERCGC21-00000026, dated May 12, 2021.
- In any event, subject to the Applicable Law, Kushki may provide Services through Kushki S.A. or other
affiliated local en..es with which a Services Agreement is signed.
RULES APPLICABLE TO THE SERVICES:
The Services may be provided by Kushki S.A. or other affiliated local en..es with which a Services Agreement
is signed. Nevertheless, Kushki S.A. shall be the company that provides the regulated services, in accordance
with the Applicable Law.
PERSONAL DATA PROTECTION
The Client's personal data entered in the PlaForm and collected by Kushki shall be treated in accordance with
the Privacy Policy available on Kushki's website and/or mobile applica.ons and/or digital tools and/or offices.
For any informa.on concerning the collec.on, registra.on, reten.on, modifica.on, consulta.on, use,
communica.on by transfer, dissemina.on or any other type of access, comparison or interconnec.on,
limita.on, dele.on or destruc.on of personal data, the Client must consult our Privacy Policy, available at: https://www.kushkipagos.com/en/legal.
If the Client collects personal data, it undertakes to inform Users of the corresponding privacy policy, which
describes the personal data collected by the Client, as well as the purposes of the processing in accordance
with the provisions of the Organic Law on Personal Data Protec.on and other applicable legisla.on.
Furthermore, the Client agrees to obtain the consent of the Users for the transfer of personal data when
required by law.
In addi.on to complying with the requirements of the Organic Law on Personal Data Protec.on and other
applicable legisla.on, the Client has in place the security tools and cer.fica.ons required by the Authori.es
in Ecuador, necessary to safeguard the confiden.ality of the Client Account informa.on and Personal Data.
ELECTRONIC MEANS
The Client acknowledges and agrees that the electronic means provided by Kushki (such as username,
Password, etc.), will cons.tute the form of crea.on, transmission, modifica.on or termina.on of rights and
obliga.ons arising from these T&C’s and the Privacy Policy, so that, in terms of the Law of Electronic
Commerce, Electronic Signatures and Data Messages, Commercial Code, Civil Code and other applicable
regula.ons, the means of iden.fica.on, in subs.tu.on of the handwricen signature, will have the same
binding effects that the laws grant to documents with a handwricen signature and, consequently, will have
the same proba.ve value.
APPLICABLE LAW AND DISPUTE RESOLUTION
Services rendered in Ecuador shall be governed by the laws of the Republic of Ecuador.
If Kushki is en.tled to ini.ate a collec.on ac.on for sums of money owed in its favor, the Par.es agree to
submit such dispute to the order for payment procedure established in the Organic Code of General
Proceedings or summary procedure, as applicable in the par.cular case.
RULES APPLICABLE TO THE SERVICES:
The Services may be provided by Kushki S.A. or other affiliated local en..es with which a Services Agreement is signed. Nevertheless, Kushki S.A. shall be the company that provides the regulated services, in accordance with the Applicable Law.
PERSONAL DATA PROTECTION
The Client's personal data entered in the PlaForm and collected by Kushki shall be treated in accordance with the Privacy Policy available on Kushki's website and/or mobile applica.ons and/or digital tools and/or offices.
For any informa.on concerning the collec.on, registra.on, reten.on, modifica.on, consulta.on, use, communica.on by transfer, dissemina.on or any other type of access, comparison or interconnec.on, limita.on, dele.on or destruc.on of personal data, the Client must consult our Privacy Policy, available at: https://www.kushkipagos.com/en/legal.
If the Client collects personal data, it undertakes to inform Users of the corresponding privacy policy, which describes the personal data collected by the Client, as well as the purposes of the processing in accordance with the provisions of the Organic Law on Personal Data Protec.on and other applicable legisla.on. Furthermore, the Client agrees to obtain the consent of the Users for the transfer of personal data when required by law.
In addi.on to complying with the requirements of the Organic Law on Personal Data Protec.on and other applicable legisla.on, the Client has in place the security tools and cer.fica.ons required by the Authori.es in Ecuador, necessary to safeguard the confiden.ality of the Client Account informa.on and Personal Data.
ELECTRONIC MEANS
The Client acknowledges and agrees that the electronic means provided by Kushki (such as username, Password, etc.), will cons.tute the form of crea.on, transmission, modifica.on or termina.on of rights and obliga.ons arising from these T&C’s and the Privacy Policy, so that, in terms of the Law of Electronic Commerce, Electronic Signatures and Data Messages, Commercial Code, Civil Code and other applicable regula.ons, the means of iden.fica.on, in subs.tu.on of the handwricen signature, will have the same binding effects that the laws grant to documents with a handwricen signature and, consequently, will have the same proba.ve value.
APPLICABLE LAW AND DISPUTE RESOLUTION
Services rendered in Ecuador shall be governed by the laws of the Republic of Ecuador.
If Kushki is en.tled to ini.ate a collec.on ac.on for sums of money owed in its favor, the Par.es agree to submit such dispute to the order for payment procedure established in the Organic Code of General Proceedings or summary procedure, as applicable in the par.cular case.