Terms and Conditions

General Terms and Conditions for customers
General Terms and Conditions for customers
Specific Terms and Conditions - Pay within 14 days
Specific Terms and Conditions - 'Slice in 3' - for customers
Terms and Conditions for merchants

 

These Terms and Conditions (hereinafter, the “Terms and Conditions”) constitute an Agreement between Zinia and the Customer (hereinafter, “you” or the “Customer”) (hereinafter, the “Agreement”) when you use the available services and features on Zinia’s website (the “Website”) and/or Zinia’s app (the “App”).

You acknowledge that before using the services and features on the Website or App (hereinafter, the “Services”), you will have to accept the current version of these Terms and Conditions and create a Zinia User Account (hereinafter, the “Account”). 

At any time, you can access the latest version of these Terms and Conditions on the Website/App and you can download them here

1. What is Zinia?

Zinia is a trademark registered by Open Bank, S.A., (hereinafter, “Openbank”). Openbank is a Spanish bank operating under the freedom to provide services regime in the Netherlands, and is registered in the Trade Registry of Madrid under Volume 5308, Folio 202, Sheet: M – 87030 and with the Bank of Spain under registration number 0073. 

Please find below Zinia's main contact details:

Name: Zinia by Open Bank, S.A.

Spanish tax no.: A-28021079

Address: Plaza de Santa Bárbara 2, 28004 Madrid

Email address: info.nl@zinia.com

Website: https://www.zinia.com/nl

2. Zinia Website/App

By using the Website/App, you can access Zinia’s Services. Mainly, you can, for example: view your Zinia purchases and transactions, manage your payments, interact with Zinia, etc. 
Some of the Services are activated by downloading the App or logging in on the Website/App, while others can be activated by you following login. 

Zinia updates the Website/App continuously with new and improved features. The exact content of the Services can differ between different country versions of the Website.

Access the Website here and download the App from the relevant store.

As a Website/App user, you agree to not upload, publish or share content that is unlawful, fraudulent, abusive, threatening, in violation of the rights of others, offensive or criminal (such as the incitement to ethnic hatred, child pornography or unlawful depictions of violence), or share content that contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming. You also agree to not distribute unsolicited advertising (spam) or engage in any other form of harassment. 

Zinia reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content, without notifying you or a third party, at our sole discretion. You are solely responsible for your uploads, publications and distribution of content, and agree to indemnify and hold Zinia harmless from damages, loss or costs incurred by your uploads, publications or distribution of content, including in connection to third-party claims against Zinia.

Unsubscribe or close account
You can unsubscribe from the Zinia Website/App whenever you want. All you have to do is contact our Customer Service department (please refer to Section 12. Do you want to contact Zinia?). To exercise this right, you must not have any outstanding debts of any nature with Zinia. 

In addition, we may close your account for any reason we deem reasonable; however, these Terms and Conditions will continue to apply until all amounts due are received in full. 

Historical information
Zinia saves the information about your purchases and transactions on the Website/App, for the period of time necessary for Zinia to fulfil its obligations derived from these Terms and Conditions, or as Zinia is requested by applicable law. As a part of the Service provided under these Terms and Conditions, Zinia enables you to see the information about your purchases and transactions in the Website/App.
 

3. Are there any costs associated with the Services?

The use of the Services is free of charge for you. 

4. What are your obligations? 

You shall always provide Zinia with accurate and up-to-date information and use your true identity. Any use of false, inaccurate or misleading information or any information that for other reasons you are not authorised to use, or the use of the Service in a non-authorised manner, will be considered misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of the parties concerned. Zinia reserves the right to block the Service from further usage. If you upload, import or share content to Zinia, including images, texts, receipts, information on goods or deliveries, or other content, you grant Zinia a royalty-free right to use and display the content for the purpose of providing the Service. Zinia reserves the right to remove any content uploaded or shared by you if Zinia is required to do so by law, or believe it is offensive, inappropriate, unlawful, in violation of the rights of others, or otherwise objectionable. You are liable for any content uploaded or shared by you. You acknowledge and agree that if you upload, import or share content that is abusive, threatening or offensive, in violation of the rights of third parties, or which Zinia may reasonably assume violates the law or your agreement with Zinia, Zinia may terminate or deactivate your account, and therefore the use of Website/App.

You are responsible for maintaining the security of your account. Zinia will not be liable for unauthorised access and/or use of your account. You should contact us as soon as you became aware of any unauthorised access or use of your Account. 

You are required to notify Zinia of any changes to your address, email address and/or phone number. As long as Zinia has not received a change of address, it will assume that you reside at the last address reported to Zinia and you will remain liable for any outstanding amount and any associated costs, such as interest and collection costs. Changes must be notified to our Customer Service department (please refer to Section 12. Do you want to contact Zinia?).

If any dispute with a shop arises, you must file a complaint directly with the shop. At Zinia, we undertake to facilitate communication between you and the shop to reach a resolution to any disputes that may arise; however, the outcome of your dispute with any shop will not affect the rights and remedies that Zinia may exercise under these Terms and Conditions to ensure you fulfil your payment obligations. 
 

5. Third-party services 

Some of the Services you use may include features or services provided by a third party. When you use features which rely on thirdparty services, you authorise Zinia to use those Services on your behalf. The App is available through third-party distribution platforms (“Application Stores”). Prior registration on the relevant Application Store may be required. Zinia has no influence on the collection, processing and use of personal data by the respective Application Store operators.

6. What is the extent of our liability?

Zinia will not be liable for any damages caused by your failure to comply with the rules set out in these Terms and Conditions, in particular if the limitations are not respected or the obligations set out are not met.

Zinia will not be liable for any damages or losses that may arise from errors in access or use of Website/App or its services or content, including temporary unavailability of the Website/App or the Services and, although Zinia undertakes to do its best efforts to avoid these and to provide any clarification that may be required.

Zinia shall not be liable for any damages or losses arising from computer viruses, cyberattacks or any other alterations of your or our computer devices and systems, or the shop devices and systems. Nor shall Zinia be liable for any loss of business, profits or data, or any indirect, incidental, special or consequential damages, no matter what the cause, due to accessing or using the Services.

IMPORTANT: The information Zinia provides is for information purposes only. It should not be construed as a recommendation or as legal, fiscal, financial, investment or technical advice, and nor constitutes an offer or a guarantee of the services, except when we specifically say so. It should not be construed as a proposal to undertake transactions and should not be used as a basis for your financial decisions. Zinia does not accept any liability for the use of the information in the Services or Website. 
 

Zinia has no control over, and cannot be held liable for, the content of websites that are linked to from Zinia.

Zinia shall not be liable for any loss, claim or damage arising from the use or misuse of links to third-party websites, or the information obtained from these. These links do not in any way imply that there is any relationship, collaboration or dependence between Zinia and the owner of any third-party website. 

If it comes to Zinia’s attention that the activity or information available through such links is illegal, constitutes a crime or may damage the property or rights of third parties, Zinia will act with the necessary diligence to remove or disable such links as soon as possible. 
 

8. How does Zinia process your personal data?

Zinia processes your personal data in accordance with the applicable statutory provisions. Zinia processes your data exclusively for the purpose of meeting its obligations under this Agreement and for additional purposes such as, to identify you and to conduct customer management, for fraud prevention purposes, or to answer any queries you may have and send you marketing communications, among others. You will find further information about the data processing activities, data sharing, your rights in relation to your data, how to contact Zinia with questions or how to lodge a complaint with an authority in Zinia’s Privacy Policy.

You can exercise the rights of access, data portability, rectification erasure, right to object, restriction of processing, through the following channels at any time:
•    Email: privacy.nl@zinia.com
•    Mail: Privacy, Open Bank SA, Plaza Santa Bárbara 2, 28004 Madrid, Spain.
•    Location: Plaza Santa Bárbara 2, 28004 Madrid, Spain.
•    Contact center: 0800 0292 008.

Finally, you can submit a claim to Zinia and/or the Dutch Data Protection Authority (the supervisory authority competent in the field of data protection), in particular if you have not been satisfied with the exercise of your rights, by writing to the above address or via the website www.aepd.es. If you live in a Member State other than the Netherlands, you can also contact your national data protection supervisory authority directly.

By using the Services you acknowledge that you have read Zinia’s Privacy Policy
 

9. How does Zinia use cookies?

Zinia uses its own and third-party cookies when you navigate the Website/App, which you can configure as you see fit. Please refer to Zinia’s Cookies Policy to find out how Zinia manages its own and third-party cookies.

10. Electronic communication 

By accepting these Terms and Conditions, you agree that communications between you and Zinia will mainly be by electronic means. Therefore, the payment instructions, terms, disclosures required by law and other information to you will be provided electronically (via the Website, App, the email address you have provided Zinia with, etc.). In addition, Zinia can send communications to you using other means as letter post, etc. 

Please note that it is your responsibility to maintain your contact information duly updated, and to ensure that Zinia has your current address, email address and mobile phone number, so that Zinia can communicate with you electronically. If you need to update your primary email address or phone number, please refer to Section 8.How does Zinia process your personal data? of these Terms and Conditions where we describe the different channels to do so.

11. Assignment or transfer 

You may not transfer or assign any rights or obligations you have under these Terms and Conditions. To the extended permitted by the applicable law, Zinia may transfer or assign these Terms and Conditions or any right or obligation under these Terms and Conditions at any time to a third party, including but not limited to a collection agency, provided that such transfer does not alter your rights and obligations under these Terms and Conditions to your detriment. By agreeing with these Terms and Conditions, you agree in advance to such transfer or assignment of the Terms and Conditions. Upon the transfer or assignment of such Terms and Conditions or any right or obligation under these Terms and Conditions, you will receive notice of such transfer or assignment. 

12. Do you want to contact Zinia?

You can contact our Customer Service department through the following channels:
-    Calling to +31 30 7007 909, Monday to Sunday from 09:00 to 17:00.
-    Sending an email to info.nl@zinia.com 

13. Complaints 

In the event of any discrepancy between you and Zinia on any issue regarding the Service, please contact Zinia by email at info.nl@zinia.com or at klachten.claims.nl@zinia.com for complaints.

In addition, you can contact our Claims Service:
•    By email: santander_reclamaciones@gruposantander.es, or by post to the Claims and Customer Service (Reclamaciones y Atención al Cliente), Calle Josefa Valcarcel, número 30, Edificio Merrimack IV, 2ª Planta, 28027, Madrid (Spain) or, 
•    By post to the Customer Ombudsman's office (Oficina del Defensor del Cliente) of the Santander Group, Apartado de correos 14019, 28080 Madrid (Spain).

If you consider that Zinia did not resolve your complaint to your satisfaction, you may be able to refer your claims before the Bank of Spain Claim Service, at: Calle Alcalá, 48 - 28014 Madrid.
For more information about how we handle complaints at Zinia, please refer to Zinia’s complaints handling procedure at https://www.zinia.com/en-nl/legal-information-claims.

 

14. What is the duration of this Agreement?

This Agreement is formalised for an indefinite period of time. However, each party (you and Zinia) can terminate it at any time. Unless otherwise agreed, these Terms and Conditions will be concluded once you close your Account, however, you will remain liable for any outstanding obligations related to your Account, including after the closure of the Account. 

If you no longer wish to use Zinia’s services, you must immediately reimburse Zinia for the amount of the corresponding debt and charges pending payment, if applicable. The Agreement will remain valid for as long as any debt arising from the use of the Service is outstanding, for the purposes of its corresponding claim. 

15. Language and applicable laws and jurisdiction

These Terms and Conditions are in Dutch, as well as all information documents and policies. Communications between you and Zinia arising from our relationship will be in Dutch or English. 

These Terms and Conditions are governed by the Dutch law, unless the mandatory law of any other applicable jurisdiction prevail. If any of the provisions herein are declared totally or partially null and void or ineffective, this shall only apply to the provisions or part thereof that are null and void or ineffective, with all other provisions remaining valid.

Any dispute that may arise regarding the application, compliance or interpretation of these Terms and Conditions shall be submitted to the courts and tribunals of the Netherlands, unless the Customer qualifies as a consumer under the laws of its member state in which case such issues can also be submitted to the jurisdiction of the competent courts and tribunals with authority under the laws of its home member state.

Last Update: April 2022


These Specific Terms and Conditions (hereinafter, the “Terms and Conditions”) represent an agreement between the Customer (hereinafter, “you” or the “Customer”) and the shop where you buy goods and/or services through the shop website or point of sale/ click and collect and select the payment method “Zinia Buy Now Pay Later 14 days” (hereinafter, “BNPL 14 days”). Therefore, when you sign up for BNPL 14 days you accept these Terms and Conditions, you enter into an Agreement with the shop (hereinafter, the “Agreement”). 

Your choice of BNPL 14 days, upon acceptance of your request/ application, will entail the rights to the amount which you owe due to the order you have placed being transferred by the shop to Zinia. This means that after Zinia's acceptance, you can only pay Zinia, otherwise you are not liberated from your payment obligation. If you pay someone other than Zinia, your payment obligation to Zinia remains. In such as case, you should then pay (again), this time to Zinia. Please refer to the General Terms and Conditions for further information on who is Zinia and more. 

You acknowledge that before using the BNPL 14 days, you will have to accept the current version of these Terms and Conditions, and the current version of the General Terms and Conditions if you have not previously accepted them. 

You can at any time access the latest version of these Terms and Conditions and the General Terms and Conditions via the Zinia’s Website and App and also download them here.
 

1. What does the BNPL 14 days offer? 

BNPL 14 days is a payment method that offers you the opportunity to pay your purchase acquired through the shop website or point of sale in the Netherlands within fourteen (14) days after your order has been processed (for purchases in the point of sale and/or click and collect) or after the order has been sent for delivery (for purchase through the shop website or App). The shop will inform Zinia when the order is processed / shipped and Zinia will send you the payment instructions so that you can pay Zinia directly for your purchase. 

You can pay Zinia for your purchase via iDeal or via bank transfer. Zinia will notify you the due date and payment instructions by e-mail, sms and/or letter post. You can also find this information in the Zinia Website/App.


Please not that in case of purchases through the shop website or App, if you change the shipment address once your request/application has been accepted by Zinia, Zinia may automatically cancel this transaction and inform the shop accordingly. 

Zinia reserves the right - in so far as it is legally permitted - not refund any costs of payment and / or other costs in case of return of your order. When using this payment method, you declare that:
•     You have not applied for a suspension of payments.
•    You have not been declared bankrupt, and/or are not in moratorium of payment, and/or there is no bankruptcy petition pending and you are not expected to be declared bankrupt in the near future. Nor are you in a situation where you have ceased to pay your debts in a timely manner. 
•    You are not admitted to the process or mediation in accordance with the Natural Persons Debt Rescheduling Act.
•    You are not under administration, guardianship or curatorship or in any similar situation.
•    You are eighteen (18) years of age or older, or you have decision-making power or you are represented by a person who you can legally represent you and is authorized to act on your behalf.
•    The payment obligations arising from your order will be fully fulfilled in a timely manner by paying to Zinia. 
 

2. What happen when the Customer returns or cancels the purchase?

If you choose to make a return to the shop of any of the products you purchased using BNPL 14 days, you must arrange the return directly with the shop, ensuring that the products are returned in accordance with its return policy or other instructions provided to you, or as otherwise permitted by applicable law. Once the shop informs us that the return of the goods has been made, Zinia will cancel de amount due. 

If a partial return is communicated to Zinia by the shop, Zinia will modify and reduce the outstanding amount and you will only have to pay for the items/services you want to keep.
 

3. What are the costs for the BNPL 14 days?

Zinia charges you EUR 0 for using the BNPL 14 days if you pay Zinia within fourteen (14) days as stated in the payment instructions sent to you. 

If you do not pay to Zinia within the fourteen (14) days as stated in the payment instructions sent to you, the amount owed is immediately claimable and you are in default. 

Please be informed that from the date you are in default, Zinia is entitled to calculate the statutory interest rate per month on the amount owed to you, as well as your administration fees pursuant to the Debt Collection Fees Act owed in relation to the payment reminders sent by Zinia and Zinia will charge you all reasonable costs, both judicial and extra-judicial to obtain satisfaction.

•    If you do not pay within the abovementioned fourteen (14) days, a reminder will be sent via email (three (3) days after the due date) with a new payment period of fourteen (14) days.
•    If you do not pay to Zinia within this second payment period of fourteen (14) days, a new reminder will be sent via email and sms, and Zinia will grant you seven (7) additional days to pay, but a partial amount of collection cost of EUR 2.5 will be charged.
•    If you do not pay to Zinia within this additional seven (7) days period, a final reminder will be sent via email, sms and letter post, and Zinia will grant you seven (7) additional days to pay, but a partial amount of collection cost of EUR 5 will be charged (EUR 2.5 added to the first EUR 2.5).
•    If you do not pay to Zinia within the abovementioned period, we will transfer your outstanding payment to a specialized collection agency and the total amount of collection costs will be charged. Please note that the maximum collection costs charged will not exceed the costs as indicated in the Decree on Extrajudicial Collection Costs (Besluit Vergoeding voor buitengerechtelijke incassokosten).
 

4. How does Zinia process your personal data?

4.1 How does the shop process your personal data?

The shop processes personal data relating to you for the adequate execution, performance and maintenance of this Agreement; to comply with statutory provisions to which the store is subject, such as requests for information from different bodies; or based on its legitimate interest, amongst others, for preventing fraud activities and to protect you against possible fraudulent behaviour or to conduct satisfaction surveys.

You will find further information regarding your data protection rights and relating to the processing of your personal data in the store’s Privacy Policy by accessing the merchant´s website.

By using the BNPL 14 you acknowledge that you have read the store’s Privacy Policy.
 

4.2 How does does Zinia process your personal data?

Zinia processes personal data relating to you for the adequate execution, performance and maintenance of this Agreement; to comply with statutory provisions to which Zinia is subject, such as, requests for information from different bodies; or based on its legitimate interest, amongst others, for preventing fraud activities and to protect you against possible fraudulent behaviour or to conduct satisfaction surveys. 

Some of the mentioned processing activities are performed by Zinia through automated decisions that may significantly affect you, namely: based on Zinia’s legitimate interest, profiling carried out in order to assess whether your use of Zinia’s services involves a risk of fraud; for the adequate execution and performance of the Agreement, analysis of the sale of the invoice to assess your solvency and to predict if you can afford the payment of the goods purchased, in order to prevent a possible default on the debt. In these cases, Zinia complies with the procedures, rights and warranties established by applicable regulations. More detailed information about automated individual decision-making and regarding your right to object to any automated decision with legal consequences or decisions that can otherwise significantly affect you is available in Zinia’s Privacy Policy.

Zinia obtains personal data relating to you from third parties, such as the store where you have made your purchase, credit reporting agencies, social media platforms or publicly available sources. The data obtained from the mentioned external sources may include: contact and identification data; economic, financial and insurance data; data on the goods and services purchased; device data; data about your personal characteristics; and data about politically exposed persons and sanctions lists. 

You will find further information regarding your data protection rights and relating to the processing of your personal data in Zinia’s Privacy Policy.

By using the BNPL 14 you acknowledge that you have read Zinia’s Privacy Policy.


Last update: June 2022

 

 

These Specific Terms and Conditions (hereinafter, the “Terms and Conditions”) represent an agreement between the Customer (hereinafter, “you” or the “Customer”) and the shop where you buy goods and/or services through the shop website, point of sale and/or click and collect, and select the payment method “Zinia Slice it in 3” (hereinafter, “Slice it in 3”). Therefore, when you sign up for Slice it in 3 you accept these Terms and Conditions and you enter into an Agreement with the shop (hereinafter, the “Agreement”). 

Your choice of Slice it in 3, upon acceptance of your request/application, will entail the rights to the amount which you owe due to the order you have placed being transferred by the shop to Zinia. This means that after Zinia's acceptance, you can only pay Zinia, otherwise you are not liberated from your payment obligation. If you pay someone other than Zinia, your payment obligation to Zinia remains. In such as case, you should then pay (again), this time to Zinia. Please refer to the General Terms and Conditions for further information on who is Zinia and more. 

You acknowledge that before using the Slice it in 3, you will have to accept the current version, at any time, of these Terms and Conditions, and the current version, at any time, of the General Terms and Conditions if you have not previously accepted them. 

You can at any time access the latest version of these Terms and Conditions and the General Terms and Conditions via the Zinia’s Website and App and also download them here.
 

1. What does the Slice it in 3 offer?

Slice it in 3 is a payment method that offers you the opportunity to pay your purchase acquired through the shop website, point of sale and/or click and collect in the Netherlands in three (3) equal instalments: the first payment is made when your purchase is made. The following second and third payments shall be made on the thirtieth (30th) and sixtieth (60th) day respectively, since the first payment is made. 

You can pay Zinia for your purchase via iDeal. Zinia will notify you the due date and instructions for partial payments by e-mail and/or sms. You can also find this information in the Zinia Website/App.

Please note that in case of purchases through the shop website or App, if you change the shipment address once your request/application has been accepted by Zinia, Zinia may automatically cancel this transaction and inform the shop accordingly. 

Zinia reserves the right to - in so far as it is legally permitted - not refund any costs of payment and/or other costs in case of return of your order. When using this payment method, you declare that:
•    You have not applied for a suspension of payments.
•    You have not been declared bankrupt, and/or are not in moratorium of payment, and/or there is no bankruptcy petition pending and you are not expected to be declared bankrupt in the near future. Nor are you in a situation where you have ceased to pay your debts in a timely manner. 
•    You are not admitted to the process or mediation in accordance with the Natural Persons Debt Rescheduling Act.
•    You are not under administration, guardianship or curatorship or in any similar situation.
•    You are eighteen (18) years of age or older, or you have decision-making power or you are represented by a person who you can legally represent you and is authorized to act on your behalf.
•    The payment obligations arising from your order will be fully fulfilled in a timely manner by paying to Zinia. 

2. What happen when the Customer returns or cancels the purchase?

If you choose to make a return to the shop of any of the products you purchased using Slice it in 3, you must arrange the return directly with the shop, ensuring that the products are returned in accordance with its return policy or other instructions provided to you, or as otherwise permitted by applicable law. Once the shop informs us that the return of the goods has been made, Zinia will cancel any remaining payments and refund the amount you have already paid. 

If a partial return is communicated to Zinia by the shop, Zinia will modify and reduce the outstanding amount in each partial payment and you will only have to pay for the items/services you want to keep. 
 

3. What are the costs for the Slice it in 3?

Zinia charges you EUR 0 for using the Slice it in 3 if you pay Zinia within the payment calendar as indicated in paragraph 1. What does the Slice it in 3 offer? 

If you do not pay to Zinia the second partial payment (on day 30th after the first payment is made) or the third partial payment (on day 60th after the first payment is made) as stated in the payment instructions sent to you, the amount owed is immediately claimable and you are in default. 

Please be informed that from the date you are in default, Zinia is entitled to calculate the statutory interest rate per month on the amount owed by you, as well as your administration fees pursuant to the Debt Collection Fees Act owed in relation to the payment reminders sent by Zinia and Zinia will charge you all reasonable costs, both judicial and extra-judicial to obtain satisfaction.
•    If the second or third partial payment is not received within the stated payment schedule sent to you, a reminder will be sent to you, via email, with a new additional payment period of fourteen (14) days and no additional costs will be charged
•    If the second or third partial payment is still not received within this second payment period of fourteen (14) days, a new reminder will be sent via email and/or sms, and  Zinia will grant you seven (7) additional days to pay, but a partial amount of collection costs will be charged:
o    If the owed amount is up to EUR 75: EUR 3 will be charged;
o    If the owed amount is from EUR 75 to EUR 200: EUR 5 will be charged; and
o    If the owed amount is from EUR 200 to EUR 1,500: EUR 7 will be charged.
•    If the second or third payment is still not received within this additional seven (7) days period, a final reminder will be sent via email, sms and/or letter post, and Zinia will grant you seven (7) additional days to pay, but another partial amount of collection costs of the same amount as the one described in the previous paragraph will be charged (for example, if the owed amount in the second payment is up to EUR 75, EUR 3 will be added to the first EUR 3). 
•    Finally, if you do not pay to Zinia the second or third partial payment within the abovementioned period, then Zinia will transfer your outstanding payment to a specialized collection agency and the total amount of collection costs will be charged. The maximum collection costs charged will not exceed the costs as indicated in the Decree on Extrajudicial Collection Costs (Besluit Vergoeding voor buitengerechtelijke incassokosten).

Please be aware that if the second payment is not performed following the additional periods as stated above, Zinia will automatically transfer the outstanding payment to a specialized collection agency without waiting for the third payment to be due. 
 

4. How does Zinia process your personal data?

4.1 How does the shop process your personal data?

The shop processes personal data relating to you for the adequate execution, performance and maintenance of this Agreement; to comply with statutory provisions to which the store is subject, such as requests for information from different bodies; or based on its legitimate interest, amongst others, for preventing fraud activities and to protect you against possible fraudulent behaviour or to conduct satisfaction surveys.

You will find further information regarding your data protection rights and relating to the processing of your personal data in the store’s Privacy Policy by accessing the merchant´s website.

By using the Slice it in 3 you acknowledge that you have read the store’s Privacy Policy.
 

4.2  How does Zinia process your personal data?

Zinia processes personal data relating to you for the adequate execution, performance and maintenance of this Agreement; to comply with statutory provisions to which Zinia is subject, such as, requests for information from different bodies; or based on its legitimate interest, amongst others, for preventing fraud activities and to protect you against possible fraudulent behaviour or to conduct satisfaction surveys. 

Some of the mentioned processing activities are performed by Zinia through automated decisions that may significantly affect you, namely: based on Zinia’s legitimate interest, profiling carried out in order to assess whether your use of Zinia’s services involves a risk of fraud; for the adequate execution and performance of the Agreement, analysis of the sale of the invoice to assess your solvency and to predict if you can afford the payment of the goods purchased, in order to prevent a possible default on the debt. In these cases, Zinia complies with the procedures, rights and warranties established by applicable regulations. More detailed information about automated individual decision-making and regarding your right to object to any automated decision with legal consequences or decisions that can otherwise significantly affect you is available in Zinia’s Privacy Policy.

Zinia obtains personal data relating to you from third parties, such as the store where you have made your purchase, credit reporting agencies, social media platforms or publicly available sources. The data obtained from the mentioned external sources may include: contact and identification data; economic, financial and insurance data; data on the goods and services purchased; device data; data about your personal characteristics; and data about politically exposed persons and sanctions lists. 

You will find further information regarding your data protection rights and relating to the processing of your personal data in Zinia’s Privacy Policy.

By using Slice it in 3 you acknowledge that you have read Zinia’s Privacy Policy.

Last update: June2022
 

 

1.General

 

These Terms and Conditions (hereinafter, the “Terms”) describe the rights and obligations when using specific assets which are defined as “Zinia Materials”. For the purpose of these Terms, “Zinia Materials” include, but not limited to, any application programming interfaces (APIs), Zinia trade names, trademarks, logos, data, tooltip, part payment widget, modules, SDKs, databases, domain names or any other distinctive assets of Zinia and/or licenced to Zinia by a third party that are provided to You for use under these Terms. By using Zinia Materials you agree that you have read, understood and that You accept these Terms. Zinia has the right to change these Terms at any time and it is your responsibility to keep yourself up to date as regards any changes to these Terms. You will always find the most recent version of these Terms here.

If You have a merchant account with Zinia, You will be the sole responsible for the correct use (i) of the passcodes to access to the Merchant Portal and (ii) of all the tools offered through the Merchant Portal.

In case of any security breach that could affect the Merchant Portal available in this website and/or the correct offering of any service provided by Zinia as per set out in an agreement between Zinia and You (the Agreement”), You shall inform Zinia about the corresponding breach as soon as possible and, in any case, no later than two (2) business days since You were aware of the breach.

2. Intellectual property rights

 

The trademarks and other distinctive signs of Zinia may only be used by You solely in connection with the activities that constitute the purpose hereof, with prior written consent of Zinia.

The authorisation of trademarks and other distinctive signs shall under no circumstances imply a transfer thereof between Zinia and You in this respect. You acknowledge that Zinia continues to be the exclusive owner of the trademarks and of all industrial and intellectual property rights thereto.

Except in the cases expressly provided for, Zinia shall grant its prior express and written consent for any use through any medium in which the collaboration is advertised when its logo, trademark, company name, image and any other distinctive sign or technical creation appears.

You shall not assign the licence to third parties or grant sub-licences. Furthermore, you shall not sell, transfer, dispose of or encumber in any way any of the trademarks.

You undertake to follow the instructions issued by the Zinia while using Zinia’s trademark. In this regard, You agree to indemnify Zinia for any claim to which it is subject for infringement of intellectual or industrial property rights, provided that said infringement is due to the improper or negligent use thereof by you.

Zinia and You guarantee that collaboration materials shall not include items belonging to third parties that may contravene pre-existing industrial or intellectual property rights.

Zinia shall not be held liable in the event that the obligations and rights arising from the Agreement in any way contravene or infringe any contract or agreement between you and third parties. In this regard, you guarantee that You have not signed or shall sign, during the term of your Agreement with Zinia, any agreement or contract that may bring about such an effect

Zinia Materials may be protected by copyright, trademarks and service marks and/or other proprietary rights under applicable Spanish law as well as other jurisdictions. You agree to fully comply with these Terms as well as all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms. You have no right to claim the ownership of, publish, copy, assign, transfer, license or otherwise dispose of the intellectual property rights to the source code or call structure of any Zinia Materials. Zinia owns all rights, title, and interest to the Zinia Materials.

3. Specific terms of use

You are solely granted a limited, personal, non-transferable, temporal, revocable right and license to use the Zinia Materials for your internal business purposes and for the functions set forth in Zinia’s instructions, documentation and/or Agreement. You may only use Zinia Materials in accordance with Zinia’s instructions and documentation. It is your responsibility to ensure that You are aware of the applicable instructions and documentation at all times. If You are unsure whether You are up to date as regards to Zinia’s instructions, please contact Zinia.

You may under no circumstances use the Zinia Materials for malicious purposes, including to spread viruses, worms, Trojan horses or other forms of malware through Zinia Materials and/or on the website where Zinia Materials are used.

You acknowledge and agree that Zinia, without having to obtain any specific approval in each case, is entitled to use any data that You submit, share or in any other way make available to Zinia. Zinia’s use of such data includes, but is not limited to, conducting processes to improve risk assessment and consumer experience.

Zinia has the right, at its own discretion, to restrict or limit the usage of Zinia Materials at any time.

Zinia monitors the use of Zinia Materials to ensure compliance with these Terms and to ascertain quality, detect misuse, improve Zinia’s products and services and you consent to such monitoring.

When using Zinia Materials, You do so at your own risk. You will be fully liable for any damage or loss of any kind arising from your use of any Zinia Materials. You must comply at all times with any applicable laws when using Zinia Materials and You may not promote or encourage any illegal activity.

You acknowledge and agree that open-source software that is provided by Zinia may have terms which might take precedence over these Terms.

 

4. Amendments and alterations

Zinia has the right to make amendments to Zinia Materials and these Terms at any time. This includes, but is not limited to, changes to the API and the API content. You fully accept any such changes by continuing the use of a Zinia Material after any change or alteration. If You should not agree to the new or amended Terms you may no longer use Zinia Materials and You are obliged to stop using Zinia Materials. Zinia may at any time, at its own discretion, deprecate or change the functionality of Zinia Materials. For the purpose of these Terms, deprecation means that Zinia will no longer support or update versions or specific functionalities. Zinia is in no way obliged to inform users about deprecations of version or functionalities.

 

5. Liability 

Zinia is in relation to Zinia Materials and the use of such assets under no circumstances liable for any damages and/or losses of any kind in connection with, or in any way relating to, the use of Zinia Materials.

In particular, in no event shall Zinia be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages arising out of, in connection with, or in any way relating to, the use of Zinia Materials, whether in contract, tort (whether in negligence or strict liability) or other legal or equitable theory, or any loss of profits or revenue, regardless of whether You knew or should have known of the possibility of such damages. Zinia Materials are provided “as is” without any expressed or implied warranty whatsoever. Zinia does not guarantee any specific availability, functionality, quality, security, title and/or non-infringement.

 

6. Personal data

Any data that You may receive from Zinia shall be handled with due care and in accordance with applicable laws and/or with what may be set forth in the Agreement between You and Zinia.

Unless the parties have a separate agreement which include transfer and processing of personal data, the following shall apply.

If personal data (as defined in Regulation (EU) 2016/679 (the “GDPR”)) is processed during use of Zinia’s Materials, You shall comply with applicable data protection legislation and ensure that You have legal ground to process such personal data. In the event Zinia is deemed the controller of such personal data, You agree, not to use any such data until You have entered into a Data Processing Agreement with Zinia. Transfer of personal data outside of the EU/EES is not allowed to the extent that Zinia is deemed to be the controller of such data.

7. Term and termination

Zinia may terminate these Terms at any time with notice to You. Upon termination, You must cease using the Zinia Materials. These Terms are valid until further notice by Zinia and apply to You for as long as You use Zinia Materials and/or for as long as You have any remaining obligations in accordance with these Terms and/or the Agreement.

If your Agreement or merchant account with Zinia is terminated, you are, unless otherwise agreed, required to stop using Zinia Materials as of such termination.

 

8. Indemnity

You shall indemnify and hold Zinia and its affiliates, officers, directors and employees, harmless from and against any third-party claim and/or any losses/damages of any kind arising out of your use of Zinia Materials.

 

9. Severability

The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

 

10. Governing law

These Terms are governed by Spanish law.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination, interpretation or invalidity thereof, shall be finally settled by the Spanish courts.

 

Last updated: January 2022