Terms of use for the Pivo service and Pivo payments

Pivo Payment Terms and Conditions

Valid as of 27 Jan 2023

1. Service provider

OP Retail Customers plc (0751699-0)
Gebhardinaukio 1, 00510 HELSINKI
P.O. Box 909, FI-00013 OP
www.op.fi
www.pivo.fi

The Service Provider is registered in the Trade Register maintained by the Finnish Patent and Registration Office and belongs to OP Financial Group.

The Service Provider is supervised by the Financial Supervisory Authority and, in consumer issues, by the Consumer Ombudsman: Finnish Financial Supervisory Authority, Snellmaninkatu 6, P.O. Box 103, 00101 Helsinki (www.finanssivalvonta.fi/en/) Consumer Ombudsman, Finnish Competition and Consumer Authority, Haapaniemenkatu 4 A, 7th floor, P.O. Box 5, 00531 Helsinki (www.kkv.fi/en/)

2. Pivo payments

Pivo payment is a payment method that you can use in the Pivo application to pay for products and services bought online, either as a credit transfer from an account or as a card payment from your card. You can use a Pivo payment to transfer money on the basis of the payee’s phone number.

You can monitor transactions made using either payment cards issued by the Credit or Payment Institutions involved or payment accounts, receive purchase details in a message sent to your mobile device, check the amount of funds available on the card granted by OP Financial Group, and monitor payment transactions on accounts provided by OP Financial Group’s credit or payment institutions.

Pivo payments are solely intended for private use. Pivo payments must not be used for professional or commercial activity.

3. Definitions

The Customer is the holder of a smartphone or another mobile device who has entered into this agreement with the Service Provider and into an agreement with Pivo Wallet for using the Pivo service. Pivo payments may be used by persons who have reached the age of 15 and have funds under their control in a bank account.

Credit or Payment Institution refers to the issuer of the payment card and provider of the payment account used with the Pivo service.

Mobile phone number based payments refer to a service that payers can use to transfer euro-denominated sums by means of a mobile phone number to a payee’s bank account.

Bank account refers to the payment account offered by a Finnish bank from which the payments are charged and/or which the Customer uses to receive mobile phone number based payments.

Pivo application refers to an application downloaded on a mobile device.

Siirto payment refers to a real-time payment transferred, within Automatia Pankkiautomaatit Oy’s Siirto system, from a payer’s bank account to a payee’s bank account based on a telephone number. Descriptions of the payment system and service providers involved in the system at any given time are available at http://www.mobiilisiirto.fi/www.siirto.fi.

4. Enabling Pivo payments; technical requirements

When you download the Pivo application from the app store and accept the terms for the Pivo service and Pivo payments, this constitutes the making of an agreement for the Pivo service and Pivo payments.

Free of charge, you can ask the Service Provider to send you all agreement terms and conditions applicable during the term of the agreement.

For Pivo payments, you need

• a Finnish personal identity code,
• a smartphone or another mobile device (currently Android and iOS) with a subscription,
• a Finnish mobile phone number,
• a Finnish bank account,
• a strong electronic identification means,
• a payment card that can be used for online shopping

For detailed instructions on using Pivo payments, see www.pivo.fi.

5. Starting to use Pivo payments

Pivo payments can be made on the basis of a phone number, or in online or other stores that accept Pivo payments.

Pivo payments can be started in the way described in section 5 as either an account transfer, card payments or Siirto payment.

The amount is charged from the bank account or payment card you registered with the service, when the payment has been approved by mobile device or with a biometric identifier accepted by the Service Provider at any given time.

5.1 Pivo payment as a credit transfer

If you have a bank account with OP Financial Group, funds will be transferred as a credit transfer from your bank account. Payment will be carried out in accordance with the General terms and conditions for payment transfers.

5.2 Pivo payment as a card payment

If you have registered a payment card accepted by the Service Provider for use with the service, funds will be paid as a card payment in accordance with the card’s terms and conditions. The card’s terms and conditions, agreed upon by the issuer of the card and the cardholder, will be applied to the payment.

5.3 Pivo payment as a Siirto payment

Such payments are transferred, via Automatia Pankkiautomaatit Oy’s Siirto payment system, only between the service providers which are the system’s members.
The name, personal ID code, bank account number and the telephone number of the payer and the payee in the Siirto payment system are transferred to other service providers participating in the system. Such information is transferred to other service providers solely for the purpose of executing a Siirto payment between the service providers.

6. Other terms related to a Pivo payment made using a phone number

6.1 Limits for mobile phone number based payments

Mobile phone number based payments are limited by daily and annual payment limits set by the Service Provider and shown in the Pivo service’s settings.
Depending on the payment method you choose, any spending/withdrawal limits specified for the card or bank account also apply to mobile phone number based payments.

The Service Provider will give notice of any changes to the payment limits two (2) months before their entry into force in the manner specified in the section “Changes in the agreement, its terms and conditions, and charges and fees” below.

6.2 Pivo payments executed by means of a telephone number include the following features:

• The payer’s name and the mobile phone number entered in the service are shown to the payee.
• The payer may add an image and/or message of their choice to the payment from their mobile device.
• A pre-authorisation may be made, but the funds will not be charged until the Service Provider has been notified of the payee’s account number and the payment can be executed.

6.3 Siirto payments include the following features:

• When making a payment, the payer is shown the payee’s name and telephone number, and the payee can see the payer’s name and telephone number.
• The payer may add an image and/or message of their choice to the payment from their mobile device. The image and/or message transfers to the payee in accordance with the service terms and features of the payee’s Service Provider.

6.4 Transfer of funds with a phone number

You are responsible for ensuring that the mobile phone number to which money is transferred is the payee’s mobile phone number and that the amount has been entered correctly. The amount is charged from the bank account or payment card registered with the service, when the payment has been approved by mobile device or with a biometric identifier accepted by the Service Provider at any given time.

Payments cannot be cancelled or changed once they have been confirmed.

The aim of this service is real time payment.

A payment order will be cancelled if the issuer of the payment card does not authorise the charging of the sum. You will be notified during the payment transaction if the payment cannot be executed.

Payments you have made as a payment order, but pending execution, will be completed even if this agreement is terminated.

6.5 Transferring money with Siirto payments

You are responsible for ensuring that the mobile phone number to which money is transferred is the payee’s mobile phone number and that the amount has been entered correctly.

The amount is charged from the bank account registered with the service, when the payment has been approved by mobile device or with a biometric identifier accepted by the Service Provider at any given time.

Payments cannot be cancelled or changed once they have been confirmed.

The aim of this service is real-time Siirto payment.

6.6. Request for payment transfer

You may ask another person to remit you money by sending a request for payment transfer. The daily maximum number of such requests is 100.

6.7 Receiving money through mobile phone number based payments

In mobile phone number based payments, the funds are transferred to the bank account registered with the service. The bank account can be changed from the Pivo application’s settings.

7. Reporting payment transactions

Payment transactions, that is, sent and received funds and payment orders made, are shown on the bank account statement or credit card bill like any other payment details. You can also view payment transactions from the transactions view in the Pivo application.

You can use the Pivo payments service to view account transactions related to payment accounts provided by OP Financial Group credit and payment institutions.

If you wish, you can provide details on your payment transactions in the Pivo service to Partners offering various value-added services.

8. Photos

No inappropriate photos or photos contrary to generally accepted ethical principles may be saved in Pivo payments or shared via the service. You must ensure that you have sufficient rights to any photos you save via the service. If photos show other people, you must also ensure that you have the permission of the persons photographed to send any photos included in a payment.

Photos included in payments are not shown to persons other than the payees you have selected.

The Service Provider is not responsible for photos or their use.

9. Responsibilities of the Customer

You are responsible for the information provided when registering as a user of, and enabling, Pivo payments and for keeping such information up to date and, in particular, for linking the correct bank account and payment card to the service. The service provider is not responsible for the accuracy of information you have given.
Pivo payments constitute a personal service that may not be used by any person other than the Customer registered for the service.

The personal access code used to confirm payments in Pivo must not be disclosed to another person, written down in an easily recognisable form, or stored in the mobile device. The access code must be kept safe in such a way that no other person, not even a family member, can obtain it. When entering the access code, you must cover the keypad with your hand, for example, so that no one else can obtain the access code.

To prevent the misuse of Pivo payments, you must keep the mobile device in such a way that no outsider can use Pivo payments in the Pivo application. You are advised to lock the mobile device using a PIN or keypad lock, if possible.

10. Notification of incorrect payment transaction

You must regularly track your payments from the Pivo service, bank account transactions or credit card bills. You must notify the Service Provider by email and without delay of any unauthorised payment transaction within 13 months of the day when the transaction was charged from the bank account or payment card.

In the case of payment orders executed incorrectly, you must contact the bank whose bank account or payment card you have linked to the Pivo payments service, or the Partner granting the credit.

You will not be entitled to compensation if you do not make such a notification within a reasonable time.

11. Notification of loss of mobile device and prevention of unauthorised payments

Making notifications to the deactivation number 24/7

1. If you notice that your mobile device with the Pivo application and Pivo payment service is lost or in the possession of an outsider, you must immediately prevent any payments by reporting the lost payment card in accordance with its terms and conditions. A loss report must be filed for all payment cards used via the Pivo service. Someone may have observed your access code without your being aware of it – only a loss report will prevent the making of unauthorised payments with the mobile device. On the basis of the loss report, the bank that issued the card will deactivate the card and block its use.
2. In addition, you must report the loss of the mobile device by calling OP’s Deactivation Service on 0100 0555 to deactivate Siirto payments.

Notifying the Pivo customer service

You can file a loss report with the Service Provider, after which the Service Provider will block any payments. You can also make a notification by phone, by calling Pivo’s customer service during its service hours. The customer service opening hours and phone number are available on the pivo.fi website. Outside service hours, the report must be filed as instructed above in “Making notifications to the deactivation number 24/7”. Your name and telephone number are required for the deactivation report.

If your mobile phone is lost, terminating the operator subscription will not be sufficient to prevent the use of Pivo payments and performance of payment transactions.

If your access code has been revealed to someone else or you suspect misuse of the application, change your code immediately in the Pivo service’s settings.

12. Payer’s responsibility for unauthorised use of the Pivo application and Pivo payments

You will be responsible for unauthorised payments only if:

1. You have enabled unauthorised payments by giving your mobile device, the Pivo application downloaded to it and the application access code to an unauthorised user;
2. Loss of the mobile device, the Pivo application downloaded to it and the access code, or their falling into the hands of an unauthorised person or being used in an unauthorised manner is due to your negligence, or
3. You have not filed reports, specified in the above clause, on loss of the mobile device, or informed the bank issuing the card that the card payment details saved in the mobile device have been lost, have fallen into the hands of an unauthorised person or are being used without authorisation, without undue delay after becoming aware of such circumstances, or immediately after you should have detected unauthorised use upon receiving information on executed payment transactions.

Relating to the unauthorised payments referred to in items 2 and 3 above, you will be liable for a maximum amount of 50 euros. However, this upper limit will not apply if you have acted wilfully or through gross negligence.

You will not be responsible for unauthorised payments involving use of the service after you have filed the reports referred to in the above clause.

On the other hand, you will be held fully liable if you have intentionally filed a false report or otherwise acted with fraudulent intent.

13. Service fees

Use of Pivo payments is not currently subject to a separate charge. Any changes to service charges will be notified through a change in the agreement terms and conditions.

The issuer of the payment card may charge a fee for use of the card.

Use of the service requires the online transfer of data. Your telecommunication operator may charge data transfer fees for use of mobile data. The Service Provider is not responsible for any charges or fees collected by providers of data transfer of other telecommunication services.

14. Communication between the Service Provider and Customer

You can contact Pivo’s customer service by email (asiakaspalvelu@pivolompakko.fi).

The Service Provider will send all messages and any notifications of alterations to this agreement or its terms and conditions as a message to your mobile device.

The languages available for Pivo payments are Finnish, Swedish and English.

15. Service Provider’s right to suspend or restrict service provision

The Service Provider has the right to suspend or restrict the use of Pivo payments during maintenance and repair. The Service Provider does not guarantee the uninterrupted availability of the services and will not be held liable for any loss caused by downtime.

The Service Provider is not obliged to inform you if the use of Pivo payments is prevented and an individual order placed by the Customer is suspended or not executed owing to the reason mentioned above.

16. Service Provider’s right to disable Pivo payments

The Service Provider has the right to disable the service, change the spending/withdrawal limits for Pivo payments and prevent its use entirely or in part, if:

• you have provided incorrect data either when enabling the service or later;
• you are subject to international or national sanctions;
• use of the Pivo application has possibly become insecure;
• there is reason to suspect that the Pivo application and Pivo payments are being used in an unauthorised manner or fraudulently.

International sanctions refer to a sanction, financial sanction, export or import ban, trade embargo or other restrictive action imposed, administered, approved or executed by the Finnish government, United Nations, European Union, United States of America and United Kingdom or their competent authorities or governing bodies.

17. Liability for damages and limitations of liability

If we cause loss or damage through error or negligence, we will only compensate for direct loss or damage, unless the damage was caused wilfully or through gross negligence, or unless otherwise provided by mandatory legislation.

You must take reasonable measures to mitigate any loss. If you fail to do so, you will be personally liable for the loss in this respect.

We will not be liable for any loss if we can prove that we were prevented from fulfilling an obligation by unusual and unforeseen circumstances beyond our control, which led to consequences that could not have been avoided by exercising due care of any kind.

18. Changes to the agreement, its terms and conditions, and charges and fees

The Service Provider has the right to alter these terms and conditions and fees charged for the service by sending a message to your mobile device at least two (2) months before the proposed changes enter into effect.

The agreement will continue to be effective based on the altered content unless you inform the Service Provider – in writing and by the notified effective date of the changes – that you disagree with the changes. You have the right, until the effective date of the changes, to cancel the agreement with immediate effect. You must notify the Service Provider of the agreement’s cancellation in an email message sent to asiakaspalvelu@pivolompakko.fi. The Service Provider has the right to cancel the agreement with two (2) months’ notice from the date of cancellation.

19. Use of personal and transaction data

The Service Provider processes personal data in accordance with the currently valid legislation and in the manner described in greater detail in the Privacy Notice. We recommend that you read the privacy protection information referred to.

The Privacy Notice is available at www.op.fi

The Service Provider may store information related to your use of the service and transactions and record telephone calls made to customer service. The stored information and recordings may be used for purposes specified in the Privacy Notice.

By making Pivo payments, you give the Service Provider the right to process personal data that is necessary to providing the payment service.

20. Transfer of the agreement

The Service Provider has the right to assign this agreement, including the rights and obligations based on it, in full or in part to the party specified by the Service Provider. You have no right to assign this agreement to a third party.

21. Cancellation right under the Consumer Protection Act

If you are in the position of a consumer, you have the right to cancel the agreement in accordance with Chapter 6 a, Section 12 of the Consumer Protection Act within 14 days of accepting the terms and conditions.

The Customer must send a written notification of such cancellation to the Service Provider’s email address. The notification must include your name and personal ID code, as well as a request to cancel the Pivo payments agreement.

The agreement will be cancelled without further action if you cancel the agreement concerning the Pivo service.

Any payments you have made, which are still payment orders awaiting the execution of mobile phone number based payment, will be completed even if the agreement is cancelled.

22. Termination of the agreement

The agreement is effective until further notice.

You can cancel this agreement with immediate effect by sending notification of this to the Service Provider at asiakaspalvelu@pivolompakko.fi.

You can cancel the Pivo service by removing the Pivo code from the settings menu (“Poista Pivo-tunnus”, Remove Pivo code) or by emailing notice of cancellation to the Service Provider at asiakaspalvelu@pivolompakko.fi. Cancellation of the Pivo service will also terminate the agreement on Pivo payments.

Nevertheless, you will be responsible for mobile phone number based payments made before the Service Provider has received notice of termination.

Uninstalling the Pivo application from your mobile device alone will not terminate the agreement or use of the Pivo service.

It is particularly important to remember to remove the Pivo code if your mobile phone number is transferred under another person’s name or if you terminate the mobile subscription.

The Service Provider has the right to cancel this agreement to end after two (2) months from the date of the notice of cancellation.

The Service Provider has the right to cancel the agreement with immediate effect if you are in material breach of these terms and conditions or use Pivo payments for activities contrary to law or good practice.

The Service Provider will notify you of the agreement’s termination or cancellation in a message sent to your mobile device.

You cannot use Pivo payments if you no longer have the required bank account or payment card.

23. Customer advisory service and non-judicial procedures

Please contact us first and we will try to resolve the matter together.

If you disagree with the decision made by the Service Provider, you can submit the matter in writing to OP Financial Group’s Customer Ombudsman (www.op.fi/asiakasasiamies).

The Customer Ombudsman is a fast and free-of-charge complaint-handling body, which handles complaints independently of any previous decision.

You may submit a dispute arising from these terms and conditions to the Finnish Financial Ombudsman Bureau (www.fine.fi), the Banking Complaints Board within the Bureau, or the Consumer Disputes Board (www.kuluttajariita.fi).

24. Applicable law and jurisdiction

This agreement will be governed by Finnish law.

You may bring an action against the Service Provider concerning any disputes that arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which you reside or have a permanent place of residence, or in the district court in the jurisdiction of which the Service Provider is domiciled or its management is mainly based. If you are not a resident of Finland, possible disputes will be submitted to the Helsinki District Court.

The Service Provider may bring an action concerning any disputes that arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which you reside or have a permanent place of residence. If you are not a resident of Finland, disputes will be submitted to the district court of the jurisdiction in which the Service Provider is domiciled or its management is mainly based, or to the Helsinki District Court.