RULES APPLICABLE TO ECUADOR
STATEMENTS
- Through Resolution No. SB-DTL-2018-450, dated May 4, 2018, the Office of Legal Procedures of the Banking Regulatory Agency authorized Kushk S.A. as an ancillary service company for payments and transactions in the public and private financial sectors.
- Through Resolution No. ECB-DNRO-2018-198, dated August 14, 2018, the Central Bank of Ecuador authorized Kushki to operate as a payment processing system.
- Through Resolution No. NAC-DNCRASC20-00000001, dated September 4, 2020, the General Office of the Internal Revenue Service authorized Kushki as a “Withholding Agent”, for income tax and value added tax (VAT).
- Kushki states that, according to the authorizations above, it may act either under a Gateway scheme or in its capacity of a Payment Aggregator, as defined by the Internal Revenue Service through Resolution No. NAC-DGERCGC21-00000026, dated May 12, 2021.
- Anyhow, subject to Applicable Law, Kushki may provide Services through Kushki S.A. or other local affiliates to the extent a Commercial Agreement or Service Contract is executed.
RULES APPLICABLE TO THE SERVICES:
PERSONAL DATA PROTECTION
The Clients’ Personal Data entered into the Platform and collected by Kushki shall be treated in accordance with the Privacy Policy available on Kushki's website and/or mobile applications and/or digital tools and/or offices.
For any information concerning the collection, registration, retention, modification, consultation, use, communication by transfer, dissemination or any other type of access, comparison or interconnection, limitation, deletion or destruction of personal data, the Client shall consult our Privacy Policy, available on: https://www.kushkipagos.com/en/legal.
If the Client collects personal data, the Client agrees to provide the Users with the corresponding privacy policy, which describes the personal data collected by the Client, as well as the processing purposes in accordance with the provisions of the Organic Law on the Personal Data Protection and any other applicable legislation. Furthermore, the Client agrees to obtain the Users’ consent for the transfer of their personal data when required by Law.
In addition to the compliance with the requirements of the Organic Law on Personal Data Protection and other applicable legislation, the Client has security tools and certifications in place as required by the Ecuadorian authorities and as needed to protect the confidentiality of the Client's account information and personal data.
ELECTRONIC MEANS
The Client agrees and acknowledges that the electronic means provided by Kushki (such as User, Password, etc.) shall constitute the creation, transmission, modification or termination of the rights and obligations under these T&C’s, and the Privacy Policy. Therefore, according to the Law of Electronic Commerce, Electronic Signatures and Data Messages, the Code of Commerce, the Civil Code and other applicable regulations, the means of identification used in lieu of a handwritten signature shall have the same binding effects as a document signed by hand and shall therefore have the same probative value.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Republic of Ecuador.
If Kushki has the right to file any claim to collect any sum of money owed thereto, the Parties agree to resolve any such dispute through the monetary proceeding provided in the Organic Code of General Procedure or any summary proceeding, as applicable in the case in question.
RULES APPLICABLE TO THE SERVICES:
PERSONAL DATA PROTECTION
The Clients’ Personal Data entered into the Platform and collected by Kushki shall be treated in accordance with the Privacy Policy available on Kushki's website and/or mobile applications and/or digital tools and/or offices.
For any information concerning the collection, registration, retention, modification, consultation, use, communication by transfer, dissemination or any other type of access, comparison or interconnection, limitation, deletion or destruction of personal data, the Client shall consult our Privacy Policy, available on: https://www.kushkipagos.com/en/legal.
If the Client collects personal data, the Client agrees to provide the Users with the corresponding privacy policy, which describes the personal data collected by the Client, as well as the processing purposes in accordance with the provisions of the Organic Law on the Personal Data Protection and any other applicable legislation. Furthermore, the Client agrees to obtain the Users’ consent for the transfer of their personal data when required by Law.
In addition to the compliance with the requirements of the Organic Law on Personal Data Protection and other applicable legislation, the Client has security tools and certifications in place as required by the Ecuadorian authorities and as needed to protect the confidentiality of the Client's account information and personal data.
ELECTRONIC MEANS
The Client agrees and acknowledges that the electronic means provided by Kushki (such as User, Password, etc.) shall constitute the creation, transmission, modification or termination of the rights and obligations under these T&C’s, and the Privacy Policy. Therefore, according to the Law of Electronic Commerce, Electronic Signatures and Data Messages, the Code of Commerce, the Civil Code and other applicable regulations, the means of identification used in lieu of a handwritten signature shall have the same binding effects as a document signed by hand and shall therefore have the same probative value.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the Republic of Ecuador.
If Kushki has the right to file any claim to collect any sum of money owed thereto, the Parties agree to resolve any such dispute through the monetary proceeding provided in the Organic Code of General Procedure or any summary proceeding, as applicable in the case in question.