Basic information
Together with the Terms and Conditions and other rules, these AML rules govern the operation of the GoPay Payment System. The AML rules set out how we prevent the legalisation of the proceeds of crime and the financing of terrorism.
The terms used in these AML rules have the meaning defined in the Terms and Conditions, unless expressly stated otherwise here.
Why we carry out identification
We are a financial institution under Czech Act No. 253/2008 Coll., on certain measures against the legalisation of the proceeds of crime and the financing of terrorism, as amended (hereinafter the “Act”).
In accordance with the Act we take measures against the legalisation of the proceeds of crime and the financing of terrorism. We fulfil the obligations laid down by legislation in this area in order to prevent the financial system being misused for the legalisation of the proceeds of crime and the financing of terrorism, and in order to create conditions for detecting such conduct.
The Act requires us to fulfil obligations in relation to Clients. These obligations include in particular carrying out identification of Clients (Section 7 of the Act) and, in the cases laid down by the Act, also carrying out checks on Clients (Section 9 of the Act).
When we carry out identification
We always carry out identification of a Client where the transaction is suspicious, or where, within one calendar year, the Client makes payments in Electronic Money and Redemptions of Electronic Money in an amount exceeding EUR 2,500, or carries out a Redemption of Electronic Money in an amount of EUR 1,000 or more. We will also carry out identification of a Client in other cases where the Act so provides.
We always require identification to be carried out, or the Client's identification details to be sent, when a GoPay account is activated and when moving to a higher identification level of GoPay account. The range of identification details required is defined by the level of GoPay account selected.
How we carry out identification
We carry out identification in one of the following ways:
in your physical presence, where we record the identification details and verify them against an identity document. At the same time we verify that your appearance matches the image in the identity document.
without your physical presence, provided that the first payment is made through a bank account held in your name and that you also submit copies of your identity documents electronically.
without your physical presence, if you submit a public deed of identification.
How we prevent fraudulent transactions
We apply a management and control system and a system of internal policies aimed at preventing the legalisation of the proceeds of crime and the financing of terrorism. Accordingly, we use systemic approaches aimed at preventing the risk of the GoPay Payment System being misused for fraudulent transactions or other illegal activities. The system of internal policies is submitted for review to the Ministry of Finance of the Czech Republic.
Before every transaction is carried out we perform an analytical risk assessment on the basis of information about you or information provided by third parties. On the basis of the assessment of the level of potential risk, we reserve the right to refuse to carry out such a transaction.
We assess suspicious financial flows automatically and carry out regular reporting to the relevant persons and control units within our company and also to public authorities such as the Ministry of Finance of the Czech Republic.
We regularly analyse the threats of new risks and adapt the settings of the whole system and its behaviour accordingly.
We may ask the Client to repeat the identification in order to verify the correctness of the identification originally carried out.
We regularly check whether the activities and the range of goods presented on the websites through which the Client offers or sells goods, or offers or provides their services, correspond to the activities and range declared by the Client. We regularly make test purchases of goods and services in order to verify that the Client is behaving properly and in accordance with the Contract.
Final provisions
We are entitled to amend these AML rules unilaterally according to the rules and conditions set out in this article. The Client agrees to this entitlement.
If we amend the AML rules, we are obliged to notify the Client of the change in advance by an e-mail message containing a link to the new AML rules, from where the Client can print them or save them in electronic form.
The AML rules are issued in electronic form and are available on the GOPAY website.
The AML rules take effect on 10 January 2014.