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Submitted URL: https://www.kl-df-a1.com/k/622238d7d7bfdc0009c8b0fa?lid=&url=https%3A%2F%2Fpayhawk.com%2Fprivacy%2F
Effective URL: https://payhawk.com/privacy/
Submission: On March 15 via api from FR — Scanned from FR
Effective URL: https://payhawk.com/privacy/
Submission: On March 15 via api from FR — Scanned from FR
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<div class="wpcf7-response-output" aria-hidden="true"></div></form>Text Content
🦄 THE FIRST BULGARIAN UNICORN IS BORN!
WE RAISED AN ADDITIONAL $100M TO EXTEND OUR SERIES B ROUND TO $215M.
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🦄 THE FIRST BULGARIAN UNICORN IS BORN!
WE RAISED AN ADDITIONAL $100M TO EXTEND OUR SERIES B ROUND TO $215M.
Read more
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PRIVACY POLICY
Last modified on Nov 18, 2021
ABOUT THIS PRIVACY POLICY
This Privacy Policy (“Privacy Policy”/ „Policy“) describes how we collect and
use your personal data in relation to the provision of our Services as defined
in our Terms of Use (“Agreement” / “Platform Agreement”) and what are your
rights as data subjects. We know that you care about how your personal data is
used, and we take your privacy seriously.
We comply with the requirements of Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46/EC (”GDPR”) and the UK-GDPR.
All terms used in this Privacy Policy have the meaning set out in the Agreement,
and if they have not been defined there, they shall have the meaning set out in
the GDPR/UK-GDPR or other applicable legislative acts. Please read carefully the
following Policy.
This Privacy Policy applies to your personal data when you visit www.payhawk.com
(the “Website”) and use our Services through this Website and does not apply to
online websites or services that we do not own or control.
A separate agreement governs (i) delivery, type, access and use of our Services
(the “Terms of Use”) and (ii) processing of any information, files, and personal
data provided to us by our Clients or other content collected and uploaded by
the Clients in the Payhawk Account (the Data Processing Addendum/ “DPA”).
WHO ARE WE?
The companies that process your personal data are:
Payhawk Limited – registered under company registration number 11747263, 71-91
Aldwych, London, England, WC2B 4HN, and
Payhawk EOOD – a Payhawk Limited’s subsidiary, duly registered with the
Commercial register at the Registry Agency under UIC 205220011 and registered
office at 31 Alexander Malinov blvd., Sofia 1729, Bulgaria.
Payhawk Limited and Payhawk EOOD operate under the brand “Payhawk” (herein
collectively referred to as “Payhawk”, “we”, “us”, “our”).
We, the aforementioned controllers, are responsible for processing your personal
data and have therefore concluded a specific and separate data processing
agreement in accordance with the requirements of the GDPR.
Although you can assert your rights mentioned below against each controller, we
have set up the following central point of contact for your questions and
suggestions:
Payhawk EOOD
address: 31 Alexander Malinov blvd., Sofia 1729, Bulgaria
email: compliance@payhawk.com
Contact person: Ivan Linev
It is important to note that we are acting both as Data Controllers and as Data
Processors as the case may be. We are a controller with respect to our visitors
and/or Clients interacting with and using our Website. We are a processor with
respect to the personal data uploaded by our Clients in their Payhawk Account
and/or provided to us by our Clients (which may be personal data of Clients’
legal representatives, employees, contractors, Users, contact persons, proxies
etc.). In this regard, each Client shall be considered a data controller
(regarding personal data of Client’s legal representatives, employees,
contractors, Users, contact persons, proxies etc.) and shall comply with the
GDPR requirements by updating their own internal privacy policies, procedures
and notifications. The settlement of the controller-processor relations between
the Company and the Client is subject to the Data Processing Addendum, which
constitutes an integral part of the Company’s Terms of Use
CATEGORIES OF DATA SUBJECTS
When providing our Services in accordance with our Terms of Use, we may collect
and process personal data regarding the following categories of data subjects
(“you,” “your”, “data subject”):
* Natural persons authorized to represent, working for or cooperating with the
Company – – contact persons, employees, managers, proxies, legal
representatives, UBOs, etc. (Representatives of the Company), including
Administrators and Users as defined in the Agreement, Cardholders as defined
in the Card Terms and Conditions and ultimate beneficial owners of the
Company;
* Natural persons who have provided feedback – registered a complaint,
submitted a request, asked a question to us or have addressed to or performed
other type of correspondence with us in relation to the Services;
* Visitors of our Website who are not registered.
DATA WE PROCESS ABOUT YOU AND PURPOSES FOR ITS PROCESSING
* When registering a Payhawk Account or register as a User – – The use of the
Services is possible only upon registration. To register a Payhawk Account as
an Administrator or to complete your registration as a User you shall provide
details such as name, email address, phone number, and job title/ role in the
Company along with details about the Company you are representing/ working
for (e.g. company name, company number, VAT number, registered address,
etc.). We clearly indicate in our registration forms whether the provision of
the data is mandatory or voluntary to be provided. You can choose not to
provide us with certain information, but then you may not be able to register
with us or to take advantage of some of our features. In addition to the
above information, we process IP addresses and time of performance of the
respective statement/action, relevant for the registration and the
conclusion, performance, amendment or termination of the Agreement.
* Invitation as User – If you are an employee, contractor, agent or other
individual that works for a Company that has a Payhawk Account, that Company
may invite you through its Payhawk Account to register as a User so that to
grant you access to the Payhawk Account and to authorize you to use the
Services on its behalf. To create a new User account in Payhawk, the
following information needs to be submitted: name and email address. To
invite you to register as an Administrator of the Company, you need to submit
information about your name and email address to the Payhawk Platform.
* To perform our activities and roles as an Agent/Card Distributor of an Issuer
– – We are a acting as Agents/Card Distributors of the Issuers and act in
this capacity when the Company accepts Card Terms and Conditions of the
respective Issuers, requests issuance of, blocks or terminates Cards, manages
the Cards limits, submits objections against Card transactions through the
Payhawk Platform, etc. In this context we collect, process, store and share/
exchange with the Issuers all the necessary and required on the basis of the
applicable legislation (incl. identification obligations under the anti-money
laundering legislation) and Issuers’ policies and procedures personal details
regarding the persons authorized to represent, working for or cooperate with
the Company (e.g. managers, proxies, legal representatives, contact persons,
employees, etc. – representatives of the Company) and the Cardholders. The
data concerning the representatives of the Company that are processed by us
may include name, position/role within the Company, signature, log files and
information regarding the performance of electronic statements and other
legal or factual action in Payhawk Platform, incl. IP addresses and time of
performance of the respective statement/action (e.g. request for issuance or
blocking of a Card), information about the representative power; business
contact data; scanned documents; information included in documents,
declarations, orders, correspondence and communication in connection with the
performance of the Card Terms and Condition incl., but not only: Card limits;
change of limits; requests and notifications for issuance, blocking or
termination of Cards, notifications for lost Cards, etc. The data concerning
Cardholders that are processed by Payhawk and Issuers may include names,
signatures, information regarding the Cards, information on performed payment
transactions (e.g. statements for payment transactions and balances),
information regarding the Card use limitations and Card status. For avoidance
of any doubts Payhawk does not process and does not have any access to the
personalized credentials for secure authentication of the Cardholders
necessary for the authorization of payments with the Cards.
Note that upon the acceptance of the Cards Terms and Conditions via the
Payhawk Platform, the Company enters into direct contractual relations with
the respective Issuer. You should also refer to the respective privacy
policies and notices published by these Issuers with respect to the treatment
of any personal information provided in relation to their services, as these
Issuers may process your personal information in different ways to Payhawk
and for different purposes.
* Identification under the anti-money laundering legislation – – Payhawk
(acting as Card Distributor of UAB “PAYRNET” and Payrnet Limited), Payhawk
EOOD (acting as Agent of Paynetics AD) and the Issuers (acting as payment
service providers) are obliged to comply with legal obligations resulting
from AML legislation. In this respect, we have to perform certain
identification procedures to verify the identity of the representatives of
the Company, Cardholders and the beneficial owners by following the steps of
our identification process and collecting information such as names, ID
numbers, ID documents details, scanned copies of ID documents, declarations
and information on UBOs, PEPs, source of funds, signatures, photos,
information regarding the owned shares in the Company, etc. For the purposes
of your identification we may use external service providers and can check
and collect data via external sources of information, incl., but not only
official registers and databases.
* Log information processed for the purposes of security, technical
maintenance, development, etc. – Payhawk Platform uses logs in order to
ensure the reliable functioning of the Services, to detect technical
problems, to ensure the security of the Services and to detect malicious
activities. In this context we process server logs and other logs necessary
to detect technical problems, malicious activities, etc., as described above.
They may contain the following information: date and time, IP address, URL,
browser and device information. Some devices may use security technologies
based on cookies.
* Personal data received and collected from correspondence, complaint and
signals – For the purposes of administering, managing and responding to
complaints, signals, requests, queries and other communications addressed to
us through our Website, post, email, phone or through other communication
channels, we collect and process the information submitted to us (incl.
names, email, telephone, address etc.), as well as details regarding the
results from their processing (e.g. responses, further correspondence,
related details, etc.).
* Cookies for improving our Service – We may from time to time use cookies. To
become aware of what types of cookies we may use, for what purposes and how
to control their use, please check our Cookie Policy.
* Other data – We may as well process other data related to you in case you
voluntarily provide such data by filling in the respective electronic forms
on the Website, adding preferences, settings, etc.
LEGAL BASIS FOR PROCESSING THE PERSONAL DATA
The legal basis for processing your personal data are:
* * Fulfilment of Payhawk’s legal obligations and Issuers’ legal obligations –
We (as registered Agent/Card Distributor of the Issuers) and the respective
Issuers will process your personal data in order to comply with the legal
and regulatory obligations applicable to the activities of the Issuers as
electronic money institutions/payment service providers and to our
activities as Agent/Card Distributor of the respective Issuer. We and the
Issuers are also bound with statutory obligations resulting from the
anti-money laundering legislation which require us to identify you, to
verify your identity and to collect and store detailed information in this
context.
* We may also need to process all or some of the above-specified personal data
for activities related to the performance of statutory obligations for the
retention or provision of information to competent authorities; to notify you
of various circumstances related to your rights, the Services provided or
your data protection etc.; as well as for compliance with statutory
obligations related to financial, tax and accounting activities;
* Performance of a contract
* Where you are representing in a legal or factual manner the Company or
you are a Cardholder, the Issuer will process your data for the purposes
of the provision of its services that are subject to its Cards Terms and
Conditions and Payhawk will process your data in order to perform its
duties as Agent/Card Distributor of the respective Issuer. The processing
of your personal data in this context is necessary for the processing of
the requests for Card issuance; assistance with regard to the safe
delivery of the Cards to the Cardholders; processing of requests for
changes in the Card limits, for blocking or termination of Cards;
provision of access to the statements of transaction and the other
activities necessary for the performance of the Cards Terms and
Conditions.
We and the Issuers may also process your information for communication with
you, including by email, necessary for the provision of the Issuer’s services
in accordance with the Cards Terms and Conditions and/or for notifying you
about changes in these services or other relevant for their use issues.
* Where you act as a Company’s User or Administrator, we may process all or
some of the above-specified personal data to perform Company’s
registration, maintaining and ensuring access to the Payhawk Account and
activities related to the conclusion, amendment, performance and
termination of the Agreement; We also process your information for
communication with you, including by email, necessary for the provision of
the Services in accordance with the Terms of Use and/or for notifying you
about changes in the Services or other relevant for the use of Services
issues;
* Legitimate interests of Payhawk to ensure the effective and secure
functioning of the Services – We may process all or some of the
above-specified personal data for activities related to the maintenance and
administration of the Services. This includes activities related to
detection and prevention of malicious activities; detection and repair of
technical or functionality related issues; prevention of unauthorized
access to the Services; as well as improvement of the functioning and the
quality of the Services.
* Protecting and exercising the legitimate interests of Payhawk, Issuers, the
Company, Administrators, Users, Cardholders or third parties as Payhawk’s
contractors or employees or providers of Integrated Services – Sometimes,
we could process your personal data for establishment, exercise or defense
of legal claims related to Payhawk’s rights and legal interests, including
by legal proceedings;
Your data may also be processed to assist Issuers, the Company,
Administrators, Users, Cardholders or third parties as Payhawk’s contractors
or employees or providers of Integrated Services for establishment, exercise
or defense of legal claims;
We may process your data for the purposes of collection of receivables
payable to Payhawk, including in execution proceedings; as well as debt
collection (incl. via third parties such as debt collection companies) and
debt assignment.
* Legitimate interests of Payhawk to conduct its business activities and to
promote its products and services – In cases where you are acting as
Company’s User or Administrator or in cases where you have contacted us at
first and you have provided us with a means of contacting you and have
indicated respective interest, we may process the information provided by
you for direct marketing activities such as sending marketing
communications, offers and other similar news and updates. In such a case,
you clearly and distinctly will be given the opportunity to object, free of
charge and in an easy manner, to such use of electronic contact details at
the time of their collection and on the occasion of each message in case
you have not initially refused such use. Also, if you do not want to
receive communications from us, you can indicate your preference at any
time by sending an email to: compliance@payhawk.com. For these purposes we
may process the contact details that you have provided to us or that are
provided to us by another person representing the Company, as well as any
information on your preferences and interests that you have voluntarily
shared with us. Besides the above, we may also process information that
relates to the Company you represent as information on our Agreement with
the Company, its use of the Services, etc.
* Consent – when you provide your personal data based on your consent, your
data will be used only if you have provided a valid consent, and the
processing will be specific, to the extent and within the scope provided
for in the respective consent.
METHOD OF COLLECTION
We shall not use any personal data, unless it has been voluntarily provided,
entered or uploaded by you personally. You are not allowed to enter third party
personal data, including sign up a third party (Users, Administrators,
employees, etc.,) without due authorization by such a third party. It is your
sole responsibility to provide and guarantee that the processing activities
performed by you and the provision of third party personal data are compliant
with the requirements of the applicable data protection legislation.
HOW WE PROTECT YOUR INFORMATION
Your personal data is contained behind secured networks and is only accessible
by a limited number of persons who have special access rights to such systems,
and are required to keep the information confidential and that they are properly
trained and authorised. We also take appropriate technical and organisational
measures to protect your personal data against loss or other forms of unlawful
processing.
WHAT WE DO IN THE EVENT OF BREACH?
In the event of a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of or access to personal
data, the controller shall promptly assess the risk to the data subjects’ rights
and freedoms and report the breach to the competent supervisory authority within
72 hours after having become aware of it. We will record all data breaches
regardless of their effect in accordance with our Incident Response & Training
Plan. If the breach is likely to result in a high risk to data subjects’ rights
and freedoms, we shall notify all affected individuals as soon as practically
possible that there has been a breach and provide them with more information in
a clear and plain language about the likely consequences and the measures that
have been taken.
WHO WE SHARE YOUR PERSONAL DATA WITH?
We may share your personal information with:
* The Company and other Company’s Users and Administrators. – The data stored
into Payhawk Account, such as the data about Administrators, Users,
Cardholders, requested Services, expenses and other details uploaded or
generated within the Company’s Payhawk Account, are available to that Company
and to other Company’s Users and Administrators who have access to the
Payhawk Account as determined with their access permissions.
* Issuers – In the contexts of the acceptance, performance and termination of
the Company’s agreement with the Issuers under their Cards Terms and
Conditions, the provision of their services, the performance of our duties as
Agent of these Issuers and compliance with the AML and other regulatory
requirements we exchange data with the Issuers.
* Where required by law – We may store and disclose any information that we
believe is necessary to comply with applicable law or court order. In such
cases we may disclose personal data to competent state and court authorities,
auditors or other types of recipients provided by law.
* Where necessary for protection of the rights and legal interests of Payhawk
or for rendering assistance to third parties for protecting their rights and
legal interest – when your personal data is necessary to enforce or apply our
Agreement, to protect the rights, property, or safety of Payhawk and/or to
establish, exercise or defend a legal claim as well as we may disclose your
personal data to attorneys and legal consultants; bailiffs; notaries or
persons performing similar public functions; competent authorities.
* Suppliers and subcontractors
* We may use service providers as specialized data centers for reliable and
secure colocation of server and network equipment, providers of quality
assurance testing services, providers of technical support, cloud service
providers, etc. When working with such suppliers and subcontractors and
they act as data processors on our behalf, Payhawk requires them to
strictly comply with our instructions, in accordance with this Policy, the
Terms of Use and the applicable data protection rules.
* Some of our suppliers and service providers that we may share your personal
data with act as data controllers and determine on their own or by virtue
of the applicable law their own purposes to process personal data. For
example, such providers are electronic communications service and network
providers that are necessary for the Internet connection and communications
between us, banks and other payment processing companies that we use to
receive payments, postal services, etc. In such cases, we share personal
data only to the extent that is necessary for the performance of the data
processing purposes specified in this Policy and only as far as we have a
respective legal basis for sharing that personal data.
* In other cases, required by law:
* We might share your personal data in any other cases as required and to the
extent permitted under applicable law.
* TRANSFERS OF DATA
* We might transfer data we collect from you somewhere to persons
(‘Recipients’) outside the European Economic Area (‘EEA’) and UK. When we
do such transfers to third countries, we do so in accordance with the terms
of this Privacy Policy, the UK and the EU data protection rules, in
particular with the GDPR and the UK-GDPR. This may include (i) the transfer
of data to Recipients located in countries, territories or part of
specified sectors within such countries that are recognized as ensuring an
adequate level of protection of the natural persons concerned; (ii)
transfers pursuant to data transfer agreements that incorporate the
Standard Contractual Clauses approved by the EU Commission/Commissioner;
(iii) derogations for specific situations provided for in the UK and the EU
data protection law, etc.
HOW LONG WE KEEP IT
Payhawk applies the storage limitation principle, namely stores personal data in
minimal volume and for a period no longer than the necessary for the purposes
for which they are processed, ensuring that they are stored securely and in
compliance with the applicable legislation.
We store the categories of personal data listed above as follows:
Type of data Storage period/criteria for its determination
* Data provided with respect to the registration of Payhawk Account, invitation
and registration of a User;
* Contractual and financial information, incl. data related to the use of the
Services
* Settings and notifications;
* Instructions and logs of data processing operations;
* Correspondence related to the use of the Services;
For the period of the duration of the contractual relationship between Company
and Payhawk and up to the elapsing of the limitation period for civil law claims
(e.g. at least 5 years upon the termination of the Agreement) under the
applicable legislation, unless longer retention period applies as per this
Privacy Policy or the applicable legislation. Financial information related to
the use of Services (incl. invoices and other accounting details) and
contractual information For the entire period of maintaining the Payhawk Account
up to 5 /five/ years from termination of the registration or up to 10 /ten/
years as of the beginning of the year following the one in which payment is due
for the respective year (the longer period apply) Information related and
gathered in the context of our activities as Agent For the entire period of
maintaining the Payhawk Account up to 5 /five/ years from termination of the
registration, unless longer retention period is established under the applicable
legislation. Information related to the performance of identification under the
AML legislation For the entire period of maintaining the Payhawk Account up to 5
/five/ years from termination of the registration, unless longer retention
period is established under the applicable legislation. Correspondence,
complaints and signals For up to 5 years after the completion of the
correspondence and/or the final resolution of the correspondence related case,
if there is no applicable contractual relationship. Other voluntarily provided
data Until completing the surveys and other marketing activities or until you
change the respective preferences, settings, object to the personal data
processing etc. Logs related to security, technical maintenance, development,
etc. Up to 1 /one/ year, unless for such data is determined a different storage
period in this Policy
Notwithstanding the data retention periods set out above, it is possible that:
* a specific legal dispute or procedure arises (e.g. litigation, arbitration,
administrative proceedings, etc.), requiring the data to be retained after
the retention periods have elapsed;
* we receive a mandatory instruction from a competent public authority to
preserve certain data/ content.
In such cases, the personal data will be preserved in accordance with the
retention periods specified by the competent authority or up to 5 years after
the final settlement of the dispute or proceedings before all instances,
including the settlement of the respective execution proceedings.
If any law or other legislative act requires the storage of the personal data
for a period longer than the one specified above, the legally established longer
term shall apply to their storage.
Information uploaded and stored in the Payhawk Account such as information
included in stored documents, signatures is under the control of the Company and
shall be available until its deletion by the Company or until the termination of
the Payhawk Account (whichever event is the earlier one). Information regarding
statements for payment transactions with Cards and balances could be available
in the Payhawk Account only until the termination of the contractual relation
between the Company and the Issuer or until the termination of the Payhawk
Account (whichever event is the earlier one).
YOUR RIGHTS
Rights regarding the processing of personal data. You have the following rights:
* Right of information. This Policy aims to inform you in detail about the
processing of your personal data by Payhawk.
* Right of access. You are entitled to receive confirmation whether your
personal data are being processed, to receive access to such data, as well as
information about the processing and your rights.
* Right of rectification. Right of rectification. You are entitled to have your
data rectified in case it is incomplete or inaccurate. Your data may be
rectified by us upon your request.
* Right of erasure. You have the right to ask for your data to be erased where
one of the respective grounds provided by the Regulation applies.
* Right of restriction of the processing. Right of restriction of the
processing. The Regulation provides for the possibility of restricting your
personal data processing in case there are grounds for this as set forth
therein.
* Right of data portability. You have the right to receive the personal data
you have provided, and which are related to you in a structured, commonly
used, machine-readable format, and to use such data with another controller
at your discretion, if the conditions provided for in the Regulation are
present.
* The right not to be subject to a decision based solely on automated
processing, including profiling which produces legal effects concerning you
or similarly significantly affects you unless there are grounds provided for
in the applicable data protection legislation, as well as appropriate
safeguards to protect your rights, freedoms and legitimate interests.
* Right to withdraw consent. You have the right to withdraw at any time your
consent for personal data processing that is based on prior given consent.
Such withdrawal shall not affect the lawfulness of the processing based on
consent before its withdrawal.
* Right to object. You have the right to object, in respect to data processed,
based on legitimate interest. In the event of such an objection we will
examine your request and, if justified we will comply with it. If we believe
there are enough legal grounds for the processing or where necessary for
establishing, exercising or defending legal claims we will inform you
accordingly. You have an absolute right to object against personal data
processing for marketing purposes.
EXERCISE OF RIGHTS
* If you wish to access, delete (when applicable) or correct your personal
information please, address your requests and complaints to any of both
controllers at compliance@payhawk.com or at the following addresses:
● London, United Kingdom, EC2M 1GT, or
● 31 Alexander Malinov Blvd. Campus X Sofia 1729, BulgariaPlease state
clearly in the subject that your request concerns a privacy matter, and more
specifically whether it is a request to access, correction, deletion or else.
Bear in mind that we may ask for additional information to determine your
identity.We may reject requests that are unreasonably repetitive, require
disproportionate technical effort, risk the privacy of others, or would be
extremely impractical. Where we can provide information access and
correction, we will do so for free, except where it would require a
disproportionate effort.
* SUPERVISORY AUTHORITY
* If you think we have infringed your privacy rights, you can lodge a complaint
with the respective supervisory authority: The Bulgarian Commission for
personal data protection (www.cpdp.bg) or the UK Information Commissioner’s
Office (https://ico.org.uk/).You can also lodge your complaint in particular
in the country where you live, your place of work or place where you believe
we infringed your right(s).
CHANGES TO THIS POLICY
We’ll post any changes we make to our privacy notice on this page and, if
they’re significant changes we’ll let you know by email. We are constantly
trying to improve our Services and need to comply with all the changes in the
applicable data protection legislation, so we may need to change this Privacy
Policy from time to time as well, but we will alert you to changes by placing a
notice on: https://payhawk.com, by sending you an email, and/or by some other
appropriate means.
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Payhawk Limited 2022, All rights reserved. Payhawk Limited is registered under
company registration number 11747263, 71-91 Aldwych, London, England, WC2B 4HN.
Payhawk Visa Cards are issued by Payrnet Limited holding an eMoney Institution
(EMI) licence No 900594 in the UK and UAB Payrnet holding an eMoney Institution
(EMI) licence No LB001994 in Lithuania.
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