CloudPay NOW mobile app – Terms & Conditions In-App End User T&Cs
Terms & Conditions
Welcome to CloudPay Now (CloudPay Now), CloudPay’s solution to shorten the wait from payday to payday. CloudPay Now allows you to access and use your salary in new ways by allowing you to:
These Terms and Conditions form a legal agreement between you and the business that provides the technology behind CloudPay Now. This Company is called CLOUDPAY TREASURY SERVICES LIMITED a company incorporated in the United Kingdom under registration number 13236917 at the registered office of Kingsgate House, Newbury Road, Andover, Hampshire SP10 4DU United Kingdom +44 1264 253 100. In these Terms, the words “You” or “Your”, refer to you, as the final user of CloudPay Now. The words “our”, “us” or we” refer to the CloudPay entities.
CONSENT AND ACCEPTANCE
WE ASK YOU TO READ THESE TERMS AND CONDITIONS CAREFULLY. YOU AGREE THAT YOU WILL COMPLY WITH THESE TERMS AND CONDITIONS WHEN USING THE SERVICES AVAILABLE THROUGH CLOUDPAY NOW (THE “SERVICES”). IF YOU ARE DOWNLOADING THE CLOUDPAY NOW VIA AN APP STORE, YOU ALSO AGREE TO AND WILL COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN APPENDIX 1.
You may not use CloudPay Now, or accept these Terms and Conditions, if (a) your employer has not subscribed to this service, or (b) you are not authorized by your employer to receive this benefit.
SIGN UP REQUIREMENTS
If you are authorized by your employer to use CloudPay Now, you can have one profile with us.
In order to access and use CloudPay Now you will need a mobile device with an internet connection (iOS 126.96.36.199 or higher devices running Safari or Chrome; Android 9.0 or higher devices running Android Browser or Chrome).
You are responsible for making all arrangements necessary for you to have access to the Services. Your access to the Services through your device verifies that your device meets these requirements.
To create your account with CloudPay Now you must:
Where we ask you for information (such as bank account details, third-party issued payment card details, collected via our PCI-DSS compliant vendor Checkout.com, email address, or other details), you agree that you will always provide accurate information (“Profile Information”). Please check your Profile Information regularly and make sure that it is kept up to date. You can update your profile information by clicking on the Profile link after you log in. We will not be responsible for any losses that you may experience due to payment processing errors, fees, or other Services-related issues which result from inaccurate Profile Information being provided.
For any queries that may arise during the process, you can contact us at email@example.com.
You acknowledge that you must keep confidential any credentials you use to access your CloudPay Now account. Your email address, passwords, and other Profile Information must be kept current in your account profile, and you are responsible for ensuring that such information is not shared with anyone.
If you believe that either your credentials have been compromised or that an unauthorized transaction has occurred, you must notify us immediately at firstname.lastname@example.org.
CLOUDPAY NOW SERVICES
Once we have verified your Profile Information, and your account is activated, you will be able to begin using the Services. This means that, subject to these Terms and Conditions, you can ask to be paid part of your salary that you have already earned without having to wait for the day on which you would normally be paid by your employer. In these Terms and Conditions we refer to the normal length of time you wait to be paid as a “Payment Period” i.e. if you are normally paid on the 20th of each month then the Payment Period is the time from the 20th of the month to the 19th of the following month.
DEBITS AND CREDITS
We will monitor the number of Pay Now’s you have made during each Payment Period. We will ensure that the total amount of successful Pay Now’s you have received is reflected in the calculation of your earnings for each Payment Period and deducted from the overall amount that you have earned in that Payment Period. This means that when your employer authorises the payment due to you for the overall Payment Period, the amount will be reduced by the amounts that you have already received. By using CloudPay Now for a Pay Now request, you authorise us to share that information with your employer.
Your employer is responsible for ensuring that adequate funds are available to meet the payments you request. We are not responsible for any failure by the employer to provide sufficient funds or for any costs incurred as a result of insufficient funding.
WHAT RESTRICTIONS ARE THERE ON THE SERVICE?
CloudPay Now will NOT allow you to:
You will not be able to request withdrawals at any time past the agreed cut-off date set by the employer & CloudPay per pay group. This is because we have to reconcile the amounts you have withdrawn through CloudPay Now to ensure that you are paid the correct outstanding amount by your employer on your usual pay date. This means that if your employer normally pays you on the last day of the month, CloudPay Now Pay Now requests will not be processed past the agreed cut-off date set by the employer & CloudPay per pay group, however you may still log-on to check status of pending transactions, update your Profile Information, access the Wellness content etc.
We may limit the number of Pay Nows that you can request at any given time or during each Payment Period, or decline a Pay Now request if we reasonably believe such action is necessary or legal or security reasons or to protect our business.
WE DO NOT PROVIDE ADVICE
CloudPay Now DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. CLOUDPAY NOW IS NOT A FINANCIAL PLANNING TOOL. CLOUDPAY TREASURY SERVICES LTD IS NOT A CREDIT PROVIDER, A TAX ADVISOR OR A PAYMENT PROCESSING COMPANY. The CloudPay NOW service is only intended to enable you to conveniently access your earned salary. We have no liability or responsibility for the decisions that you make in relation to the management of your earnings and financial position.
CloudPay Now contains content, links and references to the websites and applications of other third parties. We do not have any control over the content of these third-party websites, applications or the embedded content and we do not endorse, sponsor or recommend their content. We are not liable for any communication or transaction that you may decide to have with such third parties.
USE OF CLOUDPAY NOW
CloudPay Now is for your personal use only. You should not use it on behalf of any third party. You must always comply with all applicable laws and regulations when using CloudPay Now. We will not be liable for any consequences which are due to your failure to comply with the law when using CloudPay Now.
When you request a Pay Now withdrawal, you warrant that: a) the earned wages being requested are due to you; b) you have not received prior payment for such wages or any part of the wages from anyone else; and c) you are an active employee of the company and remain entitled to use CloudPay Now.
If we have good reason to suspect that you are misusing CloudPay Now (i.e. to attempt to gain access to funds to which you are not entitled) then we may take any appropriate action to deal with such circumstances, including but not limited to: i) taking action to recover any amounts that have been paid out; ii) removing your ability to access CloudPay Now; and iii) notifying your employer and any other necessary authority.
FEES OR CHARGES
There is no charge to you for using CloudPay Now. It’s a benefit offered by your employer as part of your employment.
CHANGES AND MODIFICATIONS
We reserve the right at any time and from time to time to temporarily or permanently change, modify or discontinue, the CloudPay Now App or the Services with or without prior notice.
We may also change these Terms and Conditions, including the applicable fees. Unless a change is due to a change in law or for security reasons, we will provide at least 5 days’ notice to you. If you decide not to agree to the changes after receiving such notification you may opt out of CloudPay Now and stop using the service. If you continue to use CloudPay Now after you are notified of any change(s), this will mean that you have accepted such change(s).
LICENSES YOU GRANT TO US
By submitting information such as data, passwords, usernames, other log-in information, materials, and other content to us through the CloudPay Now App and/or the Services, you are licensing that content to us solely for the purpose of providing you with the Services. We may use and store and use that data for the purpose of providing the Services.
By using the CloudPay Now App and/or the Services you authorize us to obtain, directly or indirectly through you, your employer, or our third-party service providers, information about you such as: your bank account details from the financial institution holding the account that you wish to use, your third-party issued payment card details as entered by you through the app, your full name, identification number, job title, wage, sanctions, bonuses and other personal information directly related to the provision of the Services. We will not use, review or verify such information for any reason other than the provision of the Services. YOU ACKNOWLEDGE AND AGREE THAT IF CLOUDPAY NOW IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, CLOUDPAY NOW IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
INTELLECTUAL PROPERTY RIGHTS
All content included or available in the CloudPay Now App, including but not limited to all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, similar intellectual creations (collectively, the “Content”), as well as the selection and arrangement thereof is owned or licensed by us. You may not copy, imitate, modify or use them without our prior written consent. All rights, title, and interest in the Content are hereby reserved.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to CloudPay Now will be treated as being non-confidential and non-proprietary, and we will be able to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
DISCLAIMER OF REPRESENTATION AND WARRANTIES
WE DO NOT GUARANTEE THAT THE CLOUDPAY NOW APP, THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT PROVIDED BY US WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED.
WE DO NOT GUARANTEE THAT THE CONTENT AVAILABLE THROUGH THE CLOUDPAY NOW APP OR THE SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES.
TERM AND TERMINATION
Subject to these Terms and Conditions, CloudPay Now will be available for you to use unless and until:
You may terminate your agreement to these Terms and Conditions at any time by cancelling your account. To cancel your Account, please contact us at email@example.com.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions excludes or limits our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms and Conditions.
We only supply the CloudPay Now App and the Services for non-business purposes (i.e. private use). You agree not to use the CloudPay Now App and/or the Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
These Terms and Conditions are governed by English law. This means that your use of the CloudPay Now App, the Services, and any dispute or claim arising out of or in connection therewith will be governed by English law.
You may bring any dispute which may arise under these Terms and Conditions to, at your discretion, either the competent court of England or to the competent court in your country of habitual residence if this country of habitual residence is within the United Kingdom or an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise these Terms and Conditions to the competent court of your country of habitual residence if this is within the United Kingdom or an EU Member State, or otherwise the competent court of England.
As a consumer, if you are resident in the United Kingdom or an EU Member State and we direct the CloudPay Now App and/or the Services to the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions affects your right as a consumer to rely on such mandatory provisions of local law.
If any part of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction for any reason, then that part shall be deleted or amended and the remaining Terms and Conditions shall remain in full force and effect.
You agree that if we do not exercise or enforce any legal right or remedy available to us under these Terms and Conditions (or which we have the benefit of under any applicable law), it does not mean that we have waived our rights. Those rights or remedies will still be available to us.
If you have questions regarding these Terms of Service or the practices of CloudPay Now, please contact us at firstname.lastname@example.org or through the live chat, where available, with the CloudPay Now team via the mobile app.
Terms and Conditions last updated: May 2022
Additional App Terms
The following terms and conditions shall apply to your use of the CloudPay Now App in addition to those set out in these Terms and Conditions.
For the purpose of this appendix 1, “Appstore Provider” means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Apple will have the right to enforce these Terms and Conditions against you as a third-party beneficiary.
For the operation of the CloudPay Now App, CloudPay Treasury Services Ltd (hereafter ‘CloudPay’ or ‘we’) acts as the Controller for any Cookies on the App and any analytical data that comes from the usage of those Cookies. For any personal data that has been brought over from your employer’s payroll, CloudPay remains the Processor of this data, with your employer remaining the Controller of this data. Any concerns about the accuracy of the source payroll data should be directed back to your employer.
Since we are a subscription-only service that is limited and not available to everybody, we collect information in a particular manner, where transparency is key to our business. Information that we gather is mostly Personal Information (PI), and it refers to information that can be associated with you and/or identify you. It does not include information that has been aggregated, de-identified, or anonymized so it does not identify you.
This policy applies whenever you access and use CloudPay Now.
PERSONAL INFORMATION WE COLLECT on CloudPay Now
The information CloudPay collects includes:
FURTHER PERSONAL INFORMATION COLLECTED
In order for CloudPay Now to work, card details must be collected so that the payments can be made. The card details are not stored within the App and are collected and stored securely by our partner Checkout (https://www.checkout.com/legal/privacy-policy)
HOW WE COLLECT YOUR PERSONAL DATA
The personal data we process is voluntarily obtained directly from you and from your employer, who provide personal information regarding you as an employee so that we can provide our payroll services, and CloudPay Now. More specifically, our sources and methods are:
From CloudPay Now where you may enter personal information
From your employer’s data, shared for the purpose of providing the CloudPay Now service to you
HOW WE USE YOUR PERSONAL INFORMATION
CloudPay uses personal information provided to us only for the purpose it was provided. Those purposes include:
(i) To process payroll on behalf of our customers and carry out obligations arising from an agreement entered into between your employer and CloudPay. (This will include using your data to ensure that the total amount of successful Pay Now transactions you have received is reflected in the calculation of your earnings for each Payment Period and deducted from the overall amount that you have earned in that Payment Period. By using CloudPay Now for a Pay Now request, you authorise us to share that information with your employer);
(ii) To provide you with cash payments against your earned salary through our CloudPay Now solution;
(iii) To notify you about changes to our payroll solution;
(iv) For business development, customer relations and contract management;
(v) To allow you to participate in interactive features of our service when you choose to do so;
(vi) To carry out legal and regulatory obligations such as anti-money laundering checks;
(vii) We will monitor the number of Pay Now transactions you have made during each Payment Period.
For information collected via Cookies, CloudPay uses that information to authenticate your access to various areas of our mobile app, and tailor its content to your preferences. Cookies also help us analyse internet traffic in general.
We may use and share information in a de-identified form that does not allow an individual or customer to be identified, primarily to enhance your use of CloudPay Now and for benchmarking purposes.
We do not sell personal information to any third parties.
LEGAL BASIS FOR PROCESSING YOUR INFORMATION
Under the General Data Protection Regulation (GDPR) the lawful bases for processing your personal data are:
(i) To perform a contract we have entered into, or are about to enter into,
(ii) Where the processing of your data is necessary for our legitimate interests (or those of a third party and your interests and fundamental rights do not override those interests),
(iii) Where we need to comply with a legal or regulatory obligation.
Our legitimate interests include:
Providing you with the ability to request cash payments from your earnings,
Processing payrolls on behalf of our customers
Legal obligations including compliance with anti-money laundering regulations
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
YOUR RIGHTS UNDER GDPR
You have the following rights regarding your information subject to certain exemptions. Please note that any rights relating to the personal data within your payroll, are to be directed to your employer as the Controller of this data. You can:
Request access to your personal data (commonly known as a “data subject access request”)
Request correction of the personal data
Request erasure of your personal data.
Object to processing of your personal
Request restriction of processing of your personal data.
Request the transfer of your personal data to you or to a third party.
Withdraw consent at any time where CloudPay is relying on consent to process your personal data.
To exercise any of these rights relating to the information that you have given directly to us within CloudPay Now, please email your request to us at email@example.com. We may need to verify your identity or to take other steps to respond to your request, however we will provide an initial response to such requests within one calendar month.
We would appreciate the chance to deal with your concerns through our own complaints procedure, However, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).or the Statutory Authority of the country where you live.
Complaints relating to how your personal data is being handled within the App should be sent to firstname.lastname@example.org. Any concerns relating to the initial payroll data should be raised with your employer.
We may need to share your personal data within the CloudPay group of companies, and / or with third parties, located inside and outside the European Economic Area (EEA). When we do, we ensure there is a similar degree of protection in managing your information by ensuring one of the following safeguards is in place when applicable:
(i) A determination by the European Commission that the country where the data is being sent has been deemed to provide an adequate level of protection for personal data by the European Commission.
(ii) Standard contractual conditions approved by the European Commission which give personal data the same protection it has in the EEA are in place with third parties to whom we transfer data, or
(iii) A suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data.
CloudPay maintains a comprehensive information security program that contains industry standard technical and physical safeguards designed to prevent unauthorized access to personal information.
We limit access to personal information to those persons and authorized service providers who have a specific business purpose for maintaining and processing such information. Our employees and other third party providers who have been granted access to personal information are made aware of their responsibilities to protect the confidentiality, and integrity of that information and receive relevant training and instruction.
HOW LONG IS YOUR DATA HELD?
We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for.
CHANGES TO DATA
It is important that the personal data we hold about you is accurate and current. you should direct your request to your employer to ensure your personal payroll data maintained by CloudPay is accurate and current as our customers generally have administrative rights to make these changes. For data you have directly input to the CloudPay NOW mobile app, you are responsible for updating, or removing, this to ensure it is accurate and current using the functionality available within the mobile app itself.