PRIVACY STATEMENT

Last Updated: 01 February 2022

IMPORTANT INFORMATION AND WHO WE ARE

Digital Pay Solutions Limited and all affiliated companies (“digital-pays.com”, “the Company”, “we”, “our”, or “us”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you about how we treat your personal data when you use our platforms and services (collectively referred to as “Services”) and when you use our website. This policy does not apply to third-party websites, products or services. 

This privacy policy is issued on behalf of the Digital Pay Solutions Limited so when we use the terms “Digital Pay Solutions Limited”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Digital Pay Solutions Limited responsible for processing your data and will depend on the services you receive from digital-pays.com.

WHAT PERSONAL DATA DO WE COLLECT

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data from which the identity of the individual cannot be discerned (anonymous data).

We use different methods to collect data from and about you. Data is collected through the following:

OUR WEBSITE

When you use our website, we may collect, use, store and transfer the following data:

  • Information you give us while using our website. We may ask you to provide us with personally identifiable information while you use our website. This includes your full name, e-mail address, phone number and your website.
  • Automated technologies or interactions. We may use cookies, server logs and other technologies, such as web beacons, to collect information that your browser sends us when you are using our website. This includes your computer’s internet protocol, browser type, browser version, the country from which you visited our website, how you arrived at our website, length of your visit and which pages you viewed.

OUR SERVICES

When you use our Services, we may collect, use, store and transfer the following personal data:

  • Information you give us. We may collect personal data directly from you, as set out below:
  • Personal data collected from our merchants. We will ask you to provide us with personal data when you apply to become our merchant. We may require you to provide us with additional personal data as you use our Services. If you are a merchant applying to use our Services, we will collect, store and process personal data relating to you and other individuals associated with you, such as full name, email address, correspondence address, proof of address, photocopy of a personal identification card or passport and other information as required to on-board you and meet applicable legal requirements.
  • Information provided by third parties. We may collect personal data about you from third parties, as set out below:
  • Personal data collected while processing your payment. If you are a card-holder making a payment to a merchant using our Services to process your payment, we may, directly or through a merchant using our payment processing service, collect, store and process financial and transaction related personal data about you and your transaction. This may include your billing address, delivery address, purchase amount, date of purchase, payment method, credit or debit card number, bank account information and additional necessary information required to process your transaction.
  • When required for compliance with applicable laws (including specifically anti-money laundering and counter-terrorism financing laws and regulations), we may verify your information and collect information from publicly available sources, credit reference or fraud prevention agencies or check data against government sanction lists, either directly, or using identity verification providers or due diligence and screening information providers.
  • When securing our website and Services, we may collect details about your device, your transaction, your computer’s internet protocol and other technical information, through our data security and firewall providers.
  • When marketing our Services, we may collect identity and contact data from publicly available sources.

HOW DO WE USE YOUR PERSONAL DATA

We will process your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you as our merchant.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, such as mitigating financial loss or other harm to our merchants, you and us.
  • Where we need to comply with legal or regulatory obligations, such as detecting and preventing fraud.
  • Where we need to improve and analyse our products, website, systems and tools.

Examples of how we may process your personal data include:

  • To manage risk and protect the website, the Services and you from fraud, abuse and other illegitimate activities, by monitoring, detecting and preventing such activities.
  • To comply with our obligations and to enforce the terms of our website and Services, including to comply with all applicable laws and regulations.
  • Process a payment, communicate with third-parties regarding a payment, and provide related customer service.
  • Monitor illegitimate activities and prevent information security risks related to our website and Services.
  • Evaluate your application to use our Services and verify your identity for compliance purposes.
  • Respond to inquiries, send service notices and provide customer support.
  • For audits, regulatory purposes, and compliance with industry standards.
  • Notify you about changes to the nature or terms of our Service.
  • To administer our website, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • To improve our website to ensure that content is presented in the most effective manner.
  • To improve or modify our Services.
  • To develop new products.
  • To send marketing communications.
  • To conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
  • For our legitimate interests, including to:
    – enforce the terms of our website and Services;
    – manage our everyday business needs, such as monitoring and analysing; and
    – anonymise personal data in order to provide aggregated statistical data to third parties, for example to our clients.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out a description of the purposes we plan to use your personal data and the lawful basis for our processing activities below:

NOTICE TO OUR MERCHANTS

We may collect, use and disclose certain personal data about your customers when acting as your service provider. You are responsible for making sure that your customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. You must comply with the personal data protection laws of your country of origin and of those countries in which you offer products or services and, in particular when processing and sending personal data to us in the context of using the Services and submitting transactions. If you entered into our services agreement, you are also responsible for compliance with the requirements set out in our agreement, including your customers’ right to enforce these rules as third-party beneficiaries.

To the extent that we are acting as your data processor, we will process personal data in accordance with the terms of our agreement with you and your lawful instructions.

DISCLOSURES OF YOUR PERSONAL DATA

We share your personal data with trusted third parties for the purpose of providing our Services and promoting our business, as follows:

Affiliates. Your information may be shared with our affiliates within the Digital Pay Solutions Limited, to provide you with our Services. The relevant Digital Pay Solutions Limited entity is the party responsible for overall management and use of your personal data.

Business partners, payment industry suppliers and participants to your transactions.  We may share your personal data with our merchants and their service providers, card schemes, payment method providers and third party acquirers, as necessary to process payments or provide our Services. The information shared includes:

  • Personal data necessary to facilitate the transaction and activities related to your transaction;
  • Personal data to help our partners resolve disputes and detect and prevent fraud; and
  • Personal data and performance analytics to help our merchants better understand the uses of their platform and to help our merchants enhance their customers’ experiences.


Third-party service providers. We may also use third-party service providers acting on our behalf. These service providers help us with data and cloud services, website hosting, data analysis, application services, advertising networks, information technology and related infrastructure, customer service, communications and auditing.

Other third parties. We will share your personal data with third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock.

Safety, Legal Purposes and Law Enforcement. We may share your personal data with third parties to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of Digital Pay Solutions Limited, our users, customers, employees or the public or as otherwise required by law. We also use and disclose your personal data as we believe necessary (i) under applicable law, or payment method rules; (ii) to enforce our terms and conditions, or our service agreement and other agreements, as applicable; (iii) to protect our rights, privacy safety or property, and/or that of our affiliates, you or others; and (iv) to respond to requests co-authorities, which may include authorities outside your country of residence.

All our third-party service providers and other entities in the Company are required to process the data in accordance with applicable data protection regulations and to take appropriate security measures to protect your personal information in line with our policies.

We do not allow our third-party service providers to use your personal data for their own purposes.

DATA SECURITY

Protecting your information and your privacy is extremely important to us. Being entrusted with some of your most valuable data, we have set high standards for data security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed, altered or disclosed in an unauthorised manner.

In addition, we limit access to your personal information to those employees and third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We also will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

RETENTION OF YOUR INFORMATION

We retain your personal data in an identifiable format for the least amount of time necessary to fulfil our legal or regulatory obligations and for our business purposes. We may retain your personal data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see below for further information about your rights.

In some circumstances we may anonymise your personal data for statistical purposes in which case we may use this information indefinitely without further notice to you.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing for your personal data where we are relying on a legitimate interest (or those of a third party) and you object to the processing of your personal data on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
  • Request for manual review. We may use automated decision making in processing your personal information while processing your transaction. If we made an automated decision about your transaction, you have the right to contest the decision, to express your point of view and to require a manual review of the decision.

If you wish to exercise any of the rights set out above, please contact hello@digital-pays.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. 

NOTICE RELATING TO OUR OPERATIONS IN HONG KONG

Digital Pay Solutions Limited is providing the following supplemental information for individuals whose personal data (as defined in the Hong Kong Personal Data (Privacy) Ordinance) is collected or held by Digital Pay Solutions Limited (a company incorporated under the laws of Hong Kong under company number 70343654, and with its office address at Room 3 of Unit 717 7/F Peninsula Centre, 67 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong), or any of their affiliated companies, in or from Hong Kong:

  • It is likely that your personal data will be collected, held and transferred outside Hong Kong, including in and to countries within the European Economic Area (EEA), or the United Kingdom.  It may also be disclosed to persons in other countries in the circumstances described in this Privacy Policy

CHANGES TO THIS PRIVACY POLICY

We reserve the right to update this privacy policy at any time, and we will publish an updated privacy policy if we do so. We may also notify you in other ways from time to time about the processing of your personal information.

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