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Apple Pay Terms and Conditions

1. What is “Apple Pay” and how does it work?

“Apple Pay” is an application that ABANCA Corporación Bancaria, S.A. (ABANCA) makes available to its customers so they can pay for their purchases, both in-person and online, with their ABANCA cards using their iPhone, Apple Watch, iPad, or MacBook Pro (Apple Devices). This application stores the card data you have previously entered when you add or “enroll” your cards on the Apple Device.

The use of your ABANCA cards in “Apple Pay” is subject to these ABANCA Terms and Conditions, as well as Apple’s and “Apple Pay’s” terms and conditions and Apple’s privacy policy, which you must accept. Additionally, to use “Apple Pay,” you may need to accept the terms and conditions and privacy policy of third-party providers that offer their services to or are integrated into the “Apple Pay” platform.

ABANCA cannot exercise any control over Apple’s decisions to change the terms and conditions or privacy policy related to “Apple Pay” or any of its services or platforms.

Please note that adding your ABANCA cards to Apple Devices does not constitute the issuance of a new card, so the use of your ABANCA cards with Apple Devices, which remains a payment service provided by ABANCA, continues to be subject to the terms of the card contracts you have signed with ABANCA, which you agree to comply with.

Therefore, please note that these Terms and Conditions do not modify or replace the general and specific terms of the card contracts you have signed with ABANCA, nor do they change the card limits or the payment method in effect at any given time for each ABANCA card. However, in the event of a conflict between these Terms and Conditions and the general or specific terms of your ABANCA cards, the provisions of these Terms and Conditions shall prevail.

List of ABANCA cards not accepted in “Apple Pay”:

  • Visa Prepaid Cards
  • Commerce Card
  • Discounted Diesel Card
  • Deposit Only Card
  • Cooperative Cards

ABANCA reserves the right to modify the cards enabled for use through “Apple Pay” and will inform you in case of any changes.

2. Cost of the “Apple Pay” service

ABANCA will not charge any additional fee, other than those applicable to ABANCA cards, for their use through “Apple Pay.”

However, third-party terms and conditions may involve charges, limitations, and restrictions that could affect the use of your card on your Apple Device, such as charges for mobile data or text messages by your network service provider.

3. Use of “Apple Pay” and authorization of payment transactions

  • For in-person transactions (stores, ATMs, and vending machines compatible with NFC technology, Near Field Communication): to initiate the transaction, your Apple Device must have NFC technology enabled. You must access the “Apple Pay” application on your Apple Device (iPhone, Apple Watch, iPad, etc.), select the ABANCA card you wish to use for payment, and bring your Apple Device close to the merchant’s POS terminal (or equivalent device, in the case of ATMs and vending machines), which must be contactless. The payment transaction will be initiated without any further action required, so you must verify the accuracy of the transaction details before bringing your Apple Device close to the POS terminal (or equivalent device). However, in cases where strong customer authentication is required, you must provide the requested authentication factors, as stipulated at any given time in the card contracts you have signed with ABANCA. To access and use the “Apple Pay” application on your Apple Device, you must follow the instructions provided at any time and, if applicable, enter the biometric data (e.g., fingerprint, facial recognition) requested by the Apple Device. Once these steps are completed, the payment transaction will be considered authorized.

  • For online transactions: you must select “Apple Pay” among the payment options shown on the merchant’s website where you wish to make a purchase from your Apple Device (iPhone, iPad, or Mac, etc.). Then, you must select the ABANCA card you wish to use for payment and follow the instructions provided in each case and, if applicable, enter the biometric data (e.g., fingerprint, facial recognition) requested by the Apple Device. Once these steps are completed, the payment transaction will be considered authorized.

From the moment you have given your consent as indicated in the previous paragraphs, the payment transaction will be considered authorized and therefore cannot be revoked.

Creating biometric data (e.g., “Touch ID”) on your Apple Devices in favor of third parties for unlocking the Apple Device also allows those third parties to make payments with your ABANCA cards through that device. These payments will be valid, authorized, and therefore not revocable for that reason.

4. Customer registration in “Apple Pay” for ABANCA and selection of ABANCA cards

Individuals who have an Apple Device compatible with this application, have accepted Apple’s terms and conditions and privacy policy, and have an updated version of the “Apple Pay” application used for this purpose may register for “Apple Pay.”

You must access the “Apple Pay” application available on your Apple Device and enter the requested details of the ABANCA card you wish to register (full card number, expiration date, and CVV—or equivalent—as well as any additional information that Apple may reasonably request). You may enter this data manually (for example, by typing it or taking a photo of the card), by granting access to card data already stored by Apple, or by any other means made available to the customer. You must then accept these ABANCA Terms and Conditions.

Next, and to ensure your identity and consent, you must enter on the Apple Device the authentication factors required in each case, as established at any given time in the card contracts you have signed with ABANCA.

5. Removal of your ABANCA cards from “Apple Pay”

You may remove your ABANCA cards from “Apple Pay” at any time with immediate effect, without prejudice to the settlement and debit of any pending transactions, which will be settled and debited as agreed in the respective card contracts you have signed with ABANCA.

This process can be carried out in the “Apple Pay” application itself or by calling ABANCA’s call center at 981910785.

6. Duration of the “Apple Pay” service

ABANCA will provide the payment service through “Apple Pay” indefinitely.

However, ABANCA may suspend or cancel the provision of the “Apple Pay” service by notifying you two months in advance. Likewise, ABANCA will cease to provide the service if Apple Inc., as ABANCA’s provider for the “Apple Pay” platform, for any reason ceases to provide its service to ABANCA.

7. Safekeeping and custody

You have the duty to properly safeguard and keep your ABANCA cards, bearing in mind that they are personal and non-transferable, and that the card data you enter on the Apple Device is stored on it. You must keep secret any code that allows you to operate in “Apple Pay,” taking all necessary precautions to ensure the security of your cards, especially not writing on the Apple Device, or on any document you carry with it, any personal code assigned for “Apple Pay” to prevent its fraudulent use in case of loss, theft, or misappropriation.

In any case, ABANCA is not responsible for the data stored on your Apple Device.

8. Loss, theft, or misappropriation of the Apple Device

In the event of loss, theft, or misappropriation of the Apple Device, or its unauthorized use by you, the same conditions provided in the card contracts you have signed with ABANCA will apply to the ABANCA cards you have registered in the “Apple Pay” application.

You must notify ABANCA of this circumstance without undue delay as soon as you become aware of it, through any of the channels enabled for this purpose. Please note that you can do so by calling 981910785. You must also report any forgery or security breach of the Apple Device or the knowledge by third parties, against your will, of the codes that allow operation in “Apple Pay.”

Notifying your mobile operator, Apple, or the seller of the Apple Device is not sufficient.

9. Blocking of ABANCA cards

ABANCA may block the cards whose data has been stored on Apple Devices if there are objectively justified reasons related to their security, suspicion of unauthorized or fraudulent use, or, if associated with a line of credit, a significant increase in the risk that you may be unable to meet your payment obligation.

ABANCA must notify you of this blocking, if possible, before it becomes effective, and if not possible, immediately after, unless such information is compromised for objectively justified security reasons or is contrary to any other legal provision. ABANCA will unblock the cards once the reasons for blocking their use no longer exist, at no cost to you. The above is without prejudice to your right to request unblocking in such circumstances, under the terms provided in the card contracts you have signed with ABANCA.

10. Liability

Apple Distribution International (ADI) provides ABANCA with the “Apple Pay” payment platform, understood as the software, technology, and other tangible and intangible elements that comprise it, while ABANCA only provides the payment service.

ADI is solely responsible for the proper functioning of the platform, so ABANCA will not be liable in any way for any circumstance that causes an interruption, prevents, or in any way affects the operation of the ABANCA card, such as the unavailability of “Apple Pay” or its wireless communication service, network delays, wireless coverage limitations, system interruptions, or the interruption of a wireless connection.

Therefore, you acknowledge and accept that ABANCA depends totally and exclusively on ADI and the processor of the transactions carried out through the “Apple Pay” platform to provide the “Apple Pay” service to its ABANCA cardholder customers. For this reason, ABANCA may be forced at any time to expand, reduce, or suspend payment transactions through the “Apple Pay” service or change any process.

Likewise, ADI is solely responsible for determining the user experience of the “Apple Pay” platform, the security measures applicable to payment transactions carried out through it, and the authentication methods for such transactions applicable at any given time to use “Apple Pay.”

11. Modifications to the “Apple Pay” service terms and conditions

The provision of the “Apple Pay” service will be carried out under the conditions established in these Terms and Conditions.

However, ABANCA may modify these Terms and Conditions by individual communication to you, with a minimum notice of two months before they take effect. Modifications may have immediate effect if they represent an improvement for you or are motivated by decisions of Apple as the provider of the “Apple Pay” platform.

To continue using the “Apple Pay” service, you must enter on the Apple Device the authentication factors required in each case, as established at any given time in the card contracts you have signed with ABANCA. If you do not accept the modifications, you will not be able to continue using the “Apple Pay” service and must unsubscribe from the service by removing your ABANCA cards from “Apple Pay.”

Likewise, ABANCA reserves the right to stop offering the inclusion of your cards in the “Apple Pay” service, as a consequence (or not) of modifications introduced by Apple in the platform.

12. Data protection and security

The use of ABANCA cards through the “Apple Pay” service involves the electronic transmission of personal information through connections with third parties.

ABANCA has no control over these connections and therefore cannot guarantee the privacy or security of data transmission, so you should inform yourself about the privacy and security practices of your Apple Device provider and network service provider.

To provide you with the payment service using the card, ABANCA will process your personal data as the issuer of the cards integrated into the Apple Device, in accordance with the terms and conditions of the card issuance contract signed between you and ABANCA.

You may exercise your rights of access, rectification, erasure, objection, restriction, and portability by writing to ABANCA’s Customer Service at Rúa Nueva, 1 - Entreplanta, 15003, A Coruña or by email to atencioncliente@abanca.com.

For more information about these rights, how to exercise them, and, in general, ABANCA’s privacy policy: https://www.abanca.com/es/legal/politica-privacidad

ACCESS TO PAYMENT DATA BY THE “APPLE PAY” HOLDER: the integration and operation service of the ABANCA card through the Apple Device, provided by the “Apple Pay” holder, involves the processing of payment data through the “Apple Pay” application under general conditions outside ABANCA’s control.

Please read carefully the “Apple Pay” terms and conditions you accepted when installing it on your Apple Device and when adding your ABANCA cards to the application, in order to understand the terms of data processing by its holder, as well as how to exercise your rights of access, rectification, erasure, objection, restriction, and portability guaranteed by law.

ABANCA cannot provide any guarantee or assume any responsibility regarding the data processing carried out by the “Apple Pay” holder.

13. Trademarks

Apple, Apple Pay, Apple Watch, iPad, iPhone, Touch ID, or MacBook Pro, among others, are registered trademarks of Apple Inc., registered in the U.S. and other countries.

14. Notifications

The channels between the customer and ABANCA for notifications regarding the use of the “Apple Pay” service are as follows:

  • The Apple Wallet application itself
  • ABANCA’s customer service phone: 981910785
  • ABANCA’s mobile banking application

15. Legislation

These Terms and Conditions shall be interpreted and fulfilled according to their own terms and, in matters not provided for, shall be governed by the applicable Spanish legislation, with the obligations and responsibilities of the parties adjusted accordingly.

16. Jurisdiction

The applicable jurisdiction will be that provided in the corresponding ABANCA card issuance contract registered in the “Apple Pay” service.