Invoice purchase for business customers

Data protection provisions and consent under data protection law

If you choose the payment method "invoice purchase", the merchant whom you place your order with (hereinafter "merchant") transmits data about your company or you to Billie GmbH. Billie GmbH (hereinafter referred to as "Billie", "we" or "us") allows you to order the goods first and pay only after receiving the invoice and the goods ("invoice purchase"). In doing so, it is necessary for Billie to process your data. The transparent and protected handling of your data is our highest priority. These data protection provisions therefore explain in detail which personal data we collect, process and store.

1 Responsible party

The responsible party for the data processing described here is Billie GmbH, located at Charlottenstraße 4, 10969 Berlin. The contact point for rights and obligations as well as information about data processing is Billie GmbH, Charlottenstraße 4, 10969 Berlin, e-mail: datenschutz@billie.io.

We have no influence on the data processing by the merchant. Therefore, please check the privacy policy of the merchant on their website.

2 Right of information and complaint

You have the right to information about the data stored about you in accordance with Sec. 15 GDPR, to deletion in accordance with Sec. 17 GDPR and to correction of data in accordance with Sec. 16 GDPR. You can submit your legal request in writing or by e-mail using the contact details provided here, see Section 1. Furthermore, you have the right to request the restriction of the processing of your data in the cases covered by Sec. 18 GDPR. In addition, you have a general right of complaint. The competent supervisory authority for complaints regarding data processing is the Berlin State Data Protection Commissioner.

Confidential contact with our data protection officer is possible by mail at:

HK2 Comtection GmbH Lukas Wagner LL.M. Hausvogteiplatz 11 A 10117 Berlin

3 Right of withdrawal for consents

If the data processing is based on consent, these consents can be revoked at any time with effect for the future. You can submit your revocation in writing or by e-mail using the contact details provided here, see Section 1. After withdrawing consent under data protection law, we will discontinue any further processing and use of your personal data and delete or block it, unless we are obliged by law to continue processing, in particular to continue storing it.

4 Billie data collection

In order for you to use the "invoice purchase" payment method, we use information about you from several sources. 

First, the merchant from whom you place your order provides us with the following information, which we store and use for the purposes stated in the following paragraph "Billie's use of data":

  • Personal data and contact information: Information on the identity of the customer (title, first and last name, telephone number, e-mail address) and the company on whose behalf the order is placed (company and legal form, registration number and data, address and contact data, e-mail address, telephone number, delivery and invoice addresses, customer number, tax number, VAT identification number, information on the industry and the size of the company);

  • Transaction-related data: Invoice amount and payment due date, information about products you order, such as order ID, quantity, shopping cart and billing information, existing customer status.

Second, third-party provider Information on creditworthiness that is used as part of the credit check. The following information on creditworthiness may be transmitted: Information on the probability of default using information on the person's previous payment behavior and score values determined on the basis of mathematical-statistical methods using address data, as well as negative features such as ongoing collection or insolvency proceedings, the submission of an affidavit in lieu of an oath, an above-average risk of default on receivables, or similar. A list of the third-party providers from which we receive information on creditworthiness can be found in the subsection "Determination of identity and creditworthiness" of the following paragraph "Billie data usage". 

Third, we collect personal data ourselves to the extent that the data provided to us by the merchant is not complete, as well as device-related data, such as your IP address, and website usage data.

5 Billie data usage

We collect and use the data mentioned in section 4 mainly to process your order with the merchant with the desired payment method "invoice purchase". In addition, we collect and use the data to assess your creditworthiness and the risk of default associated with your order, to combat fraud and to fulfill legal obligations, as well as to analyze and improve our own product. To the extent that we cooperate with external service providers in this regard, we have contractually obligated these service providers to process your data exclusively in accordance with our instructions in order to ensure the protection of your data in these cases.

5.1 Determining identity and creditworthiness

In order to determine your identity and creditworthiness, we may use your personal data and obtain additional data from providers of rating and credit reporting services (hereinafter "third party providers"). 

We are free to transfer the collected data to third party providers in order to obtain further information about your company, such as the authorized representatives, beneficial owners and affiliates, as well as data on payment history and credit default risk. Our main providers of rating and credit reporting services are listed below: 

  • Creditreform Berlin Wolfram KG, Karl-Heinrich-Ulrichs-Straße 1, 10787 Berlin,

  • Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss,

  • SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden und

  • Euler Hermes Deutschland, Friedensallee 254, 22763 Hamburg.

The collection and use of the data serves to check whether the payment method "payment by invoice" requested by you can be met or another payment method is offered in coordination with the merchant. In this context, it is assessed whether you are likely to be able to meet your payment obligations. For this purpose, the data collected about your order as well as the information about your address and creditworthiness information will be processed as part of a mathematical-statistical evaluation (hereinafter referred to as "risk analysis").

Depending on the creditworthiness determined by us and the risk analysis regarding a payment default, the merchant reserves the right to offer you a payment method other than "payment by invoice". 

This data transmitted to us will be stored by us. The processing is based on Sec. 6 para. 1 sentence 1 lit. f) GDPR due to the legitimate interest to secure an advance performance or granting of credit. The processing of your data to determine creditworthiness and the cooperation with third-party providers is based on Sec. 6 para. 1 sentence 1 lit. f) DS-GVO to avoid late payment and over-indebtedness of debtors.

5.2 Fraud prevention

For the purpose of preventing misuse of your data and avoiding financial losses, your data and information will also be analyzed for patterns of abusive or fraudulent behavior based on certain parameters. For this purpose, external tools may be used and your data may be transferred to service providers selected by us with whom we cooperate for fraud prevention. These service providers check your data for plausibility, for example to identify highly atypical order transactions. To improve fraud detection, detected cases of fraud are reported back to these service providers if necessary. 

Information about non-contractual behavior may also be shared with the third party providers mentioned in Section 5.1. 

The processing of this data is based on Sec. 6 (1) sentence 1 lit. f) GDPR against the background of our legitimate interest to comply with our fraud prevention obligations and to avoid bad debts. 

5.3 Contract performance

Insofar as it is necessary for the processing of the "payment by invoice" selected by you, we process your data, in particular address and e-mail address. Insofar as you do not meet your payment obligations, we transmit your data to collection agencies for the enforcement of outstanding claims, which then take over the further debt collection on their own responsibility. 

The transmission and storage of the data as well as their use is necessary to use the payment method "payment by invoice" (Sec. 6 para. 1 sentence 1 lit. b) GDPR). 

The transfer of your data to collection agencies is based on Sec. 6 para. 1 sentence 1 lit. f) GDPR against the background of our legitimate interest in the collection of outstanding debts.

5.4 Fulfillment of legal obligations

Billie complies with its legal obligations to notify and disclose information to law enforcement agencies, tax authorities and other bodies, and we share the required information with these bodies to the extent that there is a legal obligation to do so or it is in our legitimate interest to do so. Statutory notification obligations arise, for example, for anti-money laundering and anti-terrorism purposes. 

This disclosure of data is based on Sec.  6 (1) sentence 1 lit. c) GDPR, insofar as a legal obligation to disclose exists; otherwise, our legitimate interest pursuant to Sec. 6 (1) sentence 1 lit. f) GDPR is the basis for the disclosure.

5.5 Data analysis

To the extent permitted by data protection law, we use your data and analyze the user behavior of our customers when visiting our website or within the website components made available to the merchant to improve our services and to plan the resources provided. For this purpose, external tools may be used and your data may be sent to service providers selected by us with whom we cooperate. The collection of device-related data is necessary here in order to be able to assign error messages. We have a legitimate interest in the use and processing of this data according to Sec.  6 para. 1 sentence 1 lit. f) GDPR.

After expiry of the statutory retention periods, your personal data will generally be blocked and finally deleted or anonymized after expiry of the commercial and tax regulations applicable to us and/or other statutory retention obligations. After that, it is no longer possible to draw conclusions about your person. However, the anonymized data helps us to continuously improve our risk analysis and our product. 

The use and storage of this anonymized data is based on Sec. 6 para. 1 sentence 1 lit. f) GDPR.

6 Data transmission to Schufa and Boniversum

We are obligated to transmit selected information regarding our factoring service to SCHUFA. Billie transmits personal data collected within the scope of this contractual relationship to SCHUFA regarding the application, performance and termination of this business relationship as well as data regarding non-contractual behavior or fraudulent behavior. The legal bases for these transfers are Sec. 6 para. 1 sentence 1 lit. b) GDPR and Section 6 para. 1 sentence 1 lit. f). Transfers based on Sec. 6 para. 1 sentence 1 lit. f) GDPR  may only be made insofar as this is necessary to protect the legitimate interests of Billie or third parties and does not override the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The exchange of data with SCHUFA also serves to fulfill legal obligations to conduct creditworthiness checks on customers (Sec.  505a and 506 of the German Civil Code). SCHUFA processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland and, where applicable, other third countries (insofar as there is an adequacy decision on these by the European Commission) with information on, among other things, the assessment of the creditworthiness of natural persons. More detailed information on SCHUFA's activities can be found at https://www.schufa.de/de/datenschutz-dsgvo/.

Within the scope of this contractual relationship, Billie shall transmit to the credit reference agency Creditreform Boniversum GmbH (hereinafter referred to as Boniversum) data relating to the application for, the commencement of and the processing and termination of this business relationship in accordance with the agreement. Independently of this, Billie will also report data to Boniversum on the basis of non-contractual conduct or fraudulent conduct. According to the GDPR or BDSG (Federal Data Protection Act), these reports may only be made to the extent that this is permissible after weighing all affected interests. Boniversum stores and transmits the data in order to be able to provide the contractual partners inquiring with it in the european single market with information for assessing the creditworthiness of natural persons. These include: Credit institutions, credit card companies, leasing companies, retail, mail order and other companies that provide commercial loans of money or goods to consumers. Advance payment financial service providers (insurance companies, factoring companies) and telecommunications service providers (telephone companies, mobile phone companies, service providers, online services and media services). Boniversum only makes data available if a justified interest in this has been credibly demonstrated in the individual case. Boniversum discloses address data for the purpose of determining debtors. When providing information, Boniversum can also provide its contractual partners with a probability value calculated from its database to assess the credit risk (score procedure). More detailed information on Boniversum's activities can be found online at https://www.boniversum.de/EU-DSGVO.

7 Data transmission within the framework of refinancing

For refinancing purposes, Billie may assign claims against the merchant or their customers to banks or financial institutions. For these assignments, the transfer of your personal data may be necessary. This transfer takes place on the basis of Sec.  6 para. 1 sentence 1 lit. f) GDPR due to overriding legitimate interest.