a. “Comply with a legal or regulatory obligation” means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
b. “Data” means personal and non-personal User’s data that is submitted, generated, featured and displayed through the Platform, collected from the use of the Service and stored on QisstPay’s servers.
c. “Legitimate Interest” means the interest of our bussiness in conducting and managing our Services to enable us to give you the best Service and the best and most secure experience. We consider and balance any potential impact on you and your rights before we process your Personal Data for our legitimate interests.
d. “QisstPay’s Purchase Payment Agreement” means all of the terms, conditions and notices contained or referenced in QisstPay’s Purchase Payment Agreement and all other QisstPay rules, policies available at http://www.qisstpay.com, as amended from time to time.
e. “Performance of our Services” means processing your Data where it is necessary for the performance of our Services.
f. “Personal Data” means information that specifically identifies an individual (such as a name, address, photo, telephone number, mobile number, e-mail address, birthday, office location, professional and personal interests, company name, title department, spoken languages) or information about that individual that is directly linked to personally identifiable information.
g. “Platform” means any online tool provided, processed and/or maintained by QisstPay (including, but not limited to, all subpages and subdomains, all content, Services and products available at or through QisstPay’s website located at and/or its mobile application, and/or any other related domain offering access to, or facilitating the provision of, the Services);
i. “Service” means the online and/or offline services provided by QisstPay for the provision and use of the technology that QisstPay has developed to facilitate the acquisition of the Merchant Goods;
j. “Merchant Goods” means all eligible goods and/or services of a Merchant that can be purchased by Customers using the Services;
k. “User”, “you” and “your” collectively mean the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a Customer, a Merchant, both or neither.
1. Important information and who we are
Our Platform is not intended for any natural person under the age of 18 and we do not knowingly collect Data relating to any natural person under the age of 18.
You consent to us posting and using any photographs, content and/or Personal Data you might upload on our Platform or have otherwise provided consent to publish on our Platform, blog, in our marketing material or social media channels, which we may use in order to provide information on our Services and/or products, the marketing of our Services and/or products or for the purpose of our functions and/or activities.
Please note that it is substantial that the Personal Data we hold about you is accurate and current. Please keep us informed and updated if your Personal Data changes during your relationship with us.
1.3 Third-party links
2. The data we collect about you
2.1 Personal Data
2.1.1 Depending on which of our Services you use and how you interact with our Platform, we collect different kinds of information from or about you. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
- Identity Data includes first name, last name, address, username or similar identifier, title, date of birth, gender and biometric data.
- Contact Data includes billing address, delivery address, location, email address and/or telephone numbers.
- Payment Data includes bank account, credit card and debit card details, and payment history.
- Transaction Data includes details about payments to and from you.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, make and model (mobile phones only), operating system, hardware version, platform, device settings and other technology identification on the devices used to access our Platform, file and software names and types, device identifiers, time zone setting and location, device locations such as through GPS, Bluetooth or WiFi signals, browser plug-in types and versions, operating system and platform, connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
- Profile Data includes any User Account information, any User’s username and password, any purchases or orders made by a Customer, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Platform, products and services and how you use your devices to access our Platform, including the screens you visit and searches you make.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences
- Other Data includes:
i. photos or other data uploaded onto any of our Platform by you or shared with other Users of our Platform by you via our Platform;
ii. communications with us via social media platforms, email, electronic messages and other electronic and non-electronic communications;
iii. third party partner information related to how you use our third party partners, such as your reviews of our merchant partners or other service providers.
iv. your networks and connections made available to us, depending on the permissions you have granted, from your mobile and desktop devices address book contacts, and other social media such as Facebook, Instagram and Twitter.
2.1.2 We also collect, use and share aggregated Data such as statistical or demographic Data for any purpose. Aggregated data may be derived from your Personal Data but is not considered Personal Data as this Data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of Users accessing a specific Platform feature.
2.1.3 We do not collect any Personal Data about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, and genetic. Nor do we collect any information about criminal convictions and offenses.
2.2 Data Collected
2.2.1 Personal Data You Provide Us With: We receive and store any information you enter on our Platform or that you provide us with in any other way. The types of Personal Data collected may include your name, address, telephone number, mobile number, e-mail address, birthday, office location, residential address, professional and personal interests, company name, title department, your biography and specialist topics, use information regarding your use of our Service and Platform, and browser information.
The Personal Data you provide is used for the purposes such as allowing you to set up an Account, improving the content of the Service, generating Data products and services including pricing calculators, recommended listings, answering to customer support or technical questions, customizing the advertising and content you see, and communicating with you about the Merchant Goods and our new features. We may also draw upon this Personal Data in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.
2.2.2 Information Collected Automatically: When you use the Service, QisstPay automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law. QisstPay only uses this Data in aggregate form. We may provide aggregate information to our partners about how our Users, collectively, use our site, so that our partners may also understand how often Users use their services and our Service.
2.2.3 If you fail to provide Personal Data: Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that Personal Data when requested, we may not be able to perform our Services. In this case, we may have to cancel the Service which you have with us, provided that we will notify you if this is the case at the time.
3. How is your Personal Data collected?
We use different methods to collect Data from and about you including through:
a. From information you provided to us by your company;
a. When you communicate with us in writing, by telephone, fax, email or through the Platform or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;
b. When you register an Account with our Platform;
c. From publicly available sources, third parties and social media platforms, most commonly where we need to conduct background checks about you;
d. Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, and email or otherwise. This includes Personal Data you provide when you:
1. apply for our Services;
2. create an Account on our Platform;
3. subscribe to our publications;
4. enter a competition, promotion or survey; or
5. entering data for installing or using any QisstPay powered application and/or installing;
6. correspond with us (online or offline including via email addresses and phone numbers), if you contact us;
7. post Content on our Platform; or
8. give us feedback and review.
e. Automated technologies or interactions. As you interact with our Platform, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
f. Third parties or publicly available Technical Data sources. We may receive Technical Data about you from various third parties and public sources as set out above from the following parties:
I. analytics providers such as Google;
II. advertising networks/agencies and
III. search information providers.
g. Contact, Financial and Transaction Data from technical *** payment providers; and
h. Identity and Contact Data from publicly available sources.
4. Information Sharing
4.1 Information shared with everyone in the community: We may publicly share some of your Data such as your reviews on the Platform.
4.2 Information shared with Merchants: If you use our Platform (creating an Account through our Platform or otherwise), we may share your aggregated Data, reviews and any other Data as may reasonably be required by Merchants to help Merchants perform and improve their Merchant Services. .
4.3 Partners: We enter into relationships with a variety of businesses and work closely with them. In certain situations, these businesses may sell items or provide promotions to you through QisstPay’s Service.
4.5 Protection ** QisstPay and Others: We may release Personal Data when we believe in good faith that release is necessary to comply with the applicable laws; enforce or apply QisstPay Terms and Conditions and other agreements; or protect the rights, property, or safety of QisstPay, our employees, our Users, or others.
5. Use ** your Personal Data
5.1 We will only use your Personal Data when the law allows us to.
5.2 Most commonly, we will use your Personal Data in the following circumstances:
a. Where we need to perform our Service
b. 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.
c. Where we need to comply with a legal or regulatory obligation.
5.3 Purposes for which we will use your Personal Data:
5.3.1 Performance of our Services
a. We process your Personal Data because it is necessary for the performance of our Services. In this respect, we *** your Personal Data for the following:
i. To assist with preparation of a Confirmation Order;
ii. To answer any question you may have;
iii. To deal with any complaints or feedback you may have;
iv. To assist in determining your eligibility to order using the Platform as well as the spending limits applicable to you (as further set out in QisstPay’s Purchase Payment Agreement);
v. To develop machine learning based tools to better serve you;
vi. To issue reports/analytics on a no name basis for business and marketing purposes; and
vii. For any other purpose for which you provide us with your Personal Data.
b. In this respect, we may share your Personal Data with or transfer it to the following:
i. Third parties whom we engage to assist in delivering the Services to you, including Merchants, State Banks and other third parties;
ii. Our professional advisers where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT or public relations advisers;
iii. Debt collection agencies where it is necessary to recover the money you owe us;
iv. Other third parties such as intermediaries who we introduce to you. We will wherever possible tell you who they are before we introduce you;
v. Our data storage providers:
vi. Your agents, advisers, intermediaries, and custodians of your assets who you tell us about.
5.3.2 Legitimate interests
a. We also process your Personal Data because it is necessary for our legitimate interests, or sometimes where it is necessary for the legitimate interests of another person. In this respect, we use your Personal Data for:
i. For the administration and management of our business, including recovering the money you may owe to us, and archiving or statistical analysis;
ii. Seeking advice on our rights and obligations, such as where we require legal advice. In this respect, we will share your Personal Data with our advisers or agents where it is necessary for us to obtain their advice or assistance and with third parties and their advisers where those third parties are acquiring, or considering acquiring, all or part of our business.
5.3.3 Legal obligations
a. We also process your Personal Data for our compliance with a legal obligation which we are under. In this respect, we will use your Personal Data for the following:
i. To meet our compliance and regulatory obligations, such as compliance with anti-money laundering laws;
ii. As required by tax authorities or any competent court or legal authority. In this respect, we will share your Personal Data with the following:
1. Our advisers where it is necessary for us to obtain their advice or assistance;
2. Our auditors where it is necessary as part of their auditing functions;
3. With third parties who assist us in conducting background checks;
4. With relevant regulators or law enforcement agencies where we are required to do so.
a. We may send you marketing about the Services we provide which may be of interest to you, as well as other information in the form of alerts, newsletters and invitations to the events or functions which we believe might be of interest to you or in order to update you with information (such as legal or commercial news) which we believe may be relevant to you. We may communicate this to you in a number of ways including by post, telephone, email or other digital channels.
b. You have the right to withdraw/unsubscribe your consent to marketing emails/newsletters at any time by contacting us.
5.3.5 Promotional offers from us
a. We may use your Identity Data, Contact Data, Technical Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services, and offers may be relevant for you. You may receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing.
5.3.6 Third-party marketing
a. We will get your express opt-in consent before we share your Personal Data with any company outside QisstPay for marketing purposes.
b. You can ask us or third parties to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time at email@example.com.
a. Our website uses web technologies such as cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
b. We use the following cookies:
i. Strictly necessary cookies. These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our Platform or make use of e-billing services.
ii. Analytical/performance cookies. They allow us to recognise and count the number of Users and to see how Users move around our Platform when they are using it. This helps us to improve the way our Platform works, for example, by ensuring that Users are finding what they are looking for easily.
iii. Functionality cookies. These are used to recognise you when you return to our Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
iv. Targeting cookies. These cookies record your visit to *** Platform, the pages you have visited and the links you have followed. We will use this information to make our Platform and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
5.3.8 Change of purpose
a. We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Data Security
53.1 We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
7. Data retention
7.1 Length of Retention
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying the 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 unauthorized 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, we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.