Privacy Policy

Last update: 20th day of January, 2024
Version 1.0

This Privacy Policy describes how your personal data is collected and processed by Empay Ltd. (the “Company”, the “Empay”, "we", "us", or "our" as applicable) and its affiliates when you, a natural person, user of www.empay.com website (the “Website”). To make this Privacy Policy easier to read, our Website, any services or interfaces accessible via the Website are collectively referred to as the “Services”. We ask that you read this privacy policy which was last updated on the date set out below (the “Privacy Policy”) carefully as it contains important information on who we are, how and why we collect, store, use, transfer and share personal information, your rights in relation to your personal information, and how to contact us and supervisory authorities in the event you have a complaint. This Privacy Policy should be read alongside, and in addition to any separate product or service agreement entered into between us from time to time. Whenever we refer to the “law” under this Privacy Policy we are referring to those laws all as amended from time to time. Where we have used but haven’t explained the meaning of a defined term in this Privacy Policy, that defined term has the same meaning as set out under Terms & Conditions. When we refer to “information” or “data” under this Privacy Policy we refer to your personal information. We have developed this Privacy Policy to take care of your privacy and personal data protection. Our Privacy Policy is set out below and explains how we will process your personal information and data. Nothing in this Privacy Policy shall limit your statutory rights in relation to your personal data. We collect your personal information when you visit, use or interact with us online, and through our ads displayed through online services operated by us or non-affiliated third parties. We may use or share personal information collected to deliver products and services to you and for advertising purposes. By browsing, accessing or using the Website you hereby unconditionally agree with this Privacy Policy. Please read this Privacy Policy carefully, as it becomes legally binding when you use Empay Services. By providing personal data to us, you consent to our processing of your data in accordance with this policy and other agreements. If you do not agree to the terms set out in this Privacy Policy, please do not continue to use our Website, Empay Services or another software. The Company undertakes maximum efforts in order to protect your privacy. The Company uses the collected information about you to fulfill its contractual obligations and improve the customer service. All the terms that have definitions in Terms and Conditions shall have the same meaning in this Privacy Policy. “Personal data” and “Personal information” shall mean any information relating to an identified or identifiable living individual. We ask for your consent when required, otherwise by using our Website, you consent to the collection, use and sharing of your personal information subject to and consistent with applicable laws and other notices you may have received based on your relationship with us. This Privacy Policy shall be governed by, construed and entered in accordance with the laws of the England and Wales. The exclusive jurisdiction for all disputes between will be the state and federal courts located in the England and Wales. General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) and the Data Protection Act 2018 regulations shall be implemented for EU users. PLEASE READ THE PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH ALL OR ANY THESE TERMS, PLEASE LEAVE THE WEBSITE IMMEDIATELY

1. Who Will Hold Your Information

Your Personal Data controller is Empay LTD, a company incorporated under the laws and regulations of the UK with the company number 14042428 and having registered address at 20-22 Wenlock Road, London, England N17GU.

2. What Information We Collect

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

• Collection of Personal Information: As a user of Empay Services, you may be required to furnish personal information during the registration process, such as your full name, phone number, and email address. Continual use of Empay Services, including participation in discussion boards, social media interactions on our Website, competitions, promotions, surveys, and reporting issues, may also result in the collection of additional personal data. For security, identification, and verification, we may require further details, including but not limited to, citizenship status, residency, address verification, financial data (encompassing credit card, debit card, or bank account details), reasons for payments, geographical location, personal description, and photographic identification.
• Communication Records: We collect data from your communications with us. This includes, but is not limited to, information gathered from emails, direct messages, recorded telephone conversations, online chats, and other forms of communication.
• Additional Information for Compliance Purposes: In specific scenarios, such as conducting high-volume transactions, exceeding transaction limits, or in compliance with anti-money laundering regulations, additional personal or identification information may be necessary.
• Third-Party Personal Data: In instances where you provide personal data of third parties (including individuals involved in transactions with you, friends you refer, or contacts you share with us), you affirm that you have received consent from these individuals for the disclosure of their personal data. You also confirm that you have obtained their approval for our collection, use, and disclosure of their personal data as outlined in this Privacy Policy.
• Accuracy and Updating Personal Data: You are responsible for ensuring that your personal data is accurate, complete, and up-to-date. You should amend your personal information as necessary or contact us via email to make necessary updates.

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‍Concerning your use of Empay Services, we may automatically collect the following information:

• Transaction Information: In the course of utilizing your Empay Card, we automatically collect data pertaining to your transactions. This includes, but is not limited to, the geographical location of the transaction, merchant details such as name and description, and the payment methods employed.
• Technical Data: We gather technical information related to your access and use of Empay Services. This encompasses the internet protocol (IP) address of your device, login credentials, phone type, unique device identifiers, mobile network information, and other data generated during your device’s interaction with our services. Additionally, we collect information about your time zone setting, operating system, and platform.
• Website and App Usage Information: Our system automatically records details of your visit to our Website or App. This includes the full Uniform Resource Locators (URL) tracking your navigation to, through, and from our site or app, inclusive of the date and time of your visit. We monitor the pages you view or search for, your search queries, page response times, download errors, the duration of your visits to specific pages, and how you interact with these pages (such as scrolling, clicks, and mouse-overs). We also track the methods you use to navigate away from the page and any phone number used to contact us.

Information from other sources:
We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties and may receive information about you from them. These may include:

• Financial Institutions: When you designate an account from a financial institution for Empay Services, that institution will share with us basic personal information such as your name and address. Additionally, they will provide financial details including specifics about the account you have opened with them.
• Business Partners: Our business partners may supply us with your personal information, including your name and address, as well as financial data, which encompasses card payment information.
• Advertising Networks and Analytics Providers: We receive information from advertising networks, analytics providers, and search information sources. This data includes insights about how you discovered our website.
• Credit Reference Agencies: While credit reference agencies do not directly provide us with personal information about you, we may utilize their services to verify the accuracy and relevance of the information you have submitted to us.
• Fraud Prevention Agencies: Information from fraud prevention agencies is utilized to aid in combating fraudulent activities and to refine our risk management policies. This information is crucial in ensuring the security and integrity of Empay Services.

Information from social network service providers:

• Social Network Authentication: When you access your Empay Account using a third-party account (e.g., Apple, Google), we receive pertinent information necessary for the provision of Empay Services and to authenticate your access. This process involves the social network sharing access to certain information you have stored with them, as governed by their privacy policy. This typically includes your full name, profile image, and email address.
• Use of Information from Social Networks: The information obtained from social network logins, along with any additional information you provide directly to us during registration or use of Empay Services, is utilized to create and manage your account. This information is also essential for communicating with you regarding the information and services you request from us.
• Access to Sensitive Social Network Information: You may have the option to grant us access to more sensitive information stored in your social network account, such as your contacts list. This access is contingent upon your specific request and consent.

‍Information related to children:

• Age Restriction: Empay Services are explicitly designed for use by adults aged 18 years and older. Consequently, our services are not intended for children, and we do not knowingly collect personal data from individuals under this age threshold.
• Verification Process to Prevent Data Collection from Minors: Our verification process is structured to prevent Empay, along with the Issuer and the Acquirer, from inadvertently collecting personal information from users under the age of 18. This safeguard is in place to ensure compliance with our age restriction policy.
• Action on Unintentional Collection of Minor Data: In the event that we become aware of having collected personal information from users less than 18 years of age, we will take immediate action. This includes deactivating the associated Empay Account and undertaking reasonable steps to promptly remove such data from our records.
• Reporting Concerns: If you are aware of any data that we may have inadvertently collected from children under the age of 18, we encourage you to inform us without delay. Please contact us at support@empay.com for such concerns or any related queries.

Cookies:
We may use cookies to distinguish you from other users of our products or services. We use small files (so-called "cookies") and similar tracking technologies (like “web beacons” and “pixels”) to see how you use the Website and the App. We put them on your device when you visit our Website and use them to recognize you and store information during and between your visits and activity. With the help of cookies, we can provide you with a better browsing experience, improve the quality of Empay Services, and keep marketing costs down. Cookies allow us to simplify the process of logging in, and they show us where you might be having trouble with Empay Services. Cookies send information back to the originating website on each subsequent visit, or to another website which recognizes that cookie. Cookies also make it easier for you to log in and use our website. Without cookies, we would have no way to remember anything about you, such as whether you’re logged in. Most Web browsers are set to accept cookies by default. We may use the following cookies:

• Strictly necessary cookies required for the operation of our products or services (including, for example, cookies that enable you to log into secure accounts and use interactive features);
• Analytical/performance cookies that allow us to recognize and count the number of visitors and users and see how they use the products or services (e.g. (without limitation) to help us improve the way our products or services work or are provided, by ensuring that users are finding what they are looking for easily);
• Functionality cookies to help us recognize you when you return to our Website (this enables us to e.g. (without limitation) personalize our content for you, greet you by name and remember your preferences, such as choice of language or region).
• Targeting cookies to record your visit to our website, the pages you have visited and the links you have followed. We may use this information to make our products and services and the information displayed on it, which we reasonably think is more relevant to your interests. We may also share this information with third parties for this purpose.

You can block or disable cookies by activating the setting on your website browser that allows you to refuse the setting of all or some cookies. If you prefer, you can choose to set your browser to remove/reject cookies. If you choose to remove/reject cookies, this could affect certain features of Empay Services. All browsers provide tools that allow you to control how you handle cookies: accept, reject or delete them. These settings are normally accessed via the ‘settings’, ‘preferences’ or ‘options’ menu of the browser you are using, but you could also look for a ‘help’ function or contact the browser provider. However, if you set your browser settings to block or disable all cookies (including essential cookies) you may not be able to access all or parts of our Platform for which we require the use of cookies.

3. The Way We Use Your Information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where you have given us your consent to process your data.
• 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.
• Where we have a legal obligation to process your personal data to comply with laws, regulations, or court orders.
• Where it is necessary to fulfil our obligations to provide you with Empay Services.
• Where it is necessary to protect the vital interests of yourself or other individuals.

Other purposes:

• To administer and maintain your access to Empay Services.
• To provide Empay Services to you and ensure secure transaction processing.
• To improve our Website an to ensure that Empay Services continues to be the most appropriate service for your needs and that content from our Website is presented most effectively for you and your device.
• To help us in our efforts to keep our webpage safe and secure.
• To verify your identity and respond to any query that you may raise with us.
• To send you emails from time to time regarding updates and changes to Empay Services and any technical, operational, administrative, and legal notices important to Empay Services that we consider essential.
• To administer and process your registration for Empay Services.

Additionally:

• We are obligated on selected measures against the legitimization of proceeds of crime and financing of terrorism to keep records about you and your transactions.
• Access your account settings and update your preferences.
• We may use your data to contact you for market research purposes and to provide you with information about Empay Services, offers, and promotions that may be of interest to you. If we do so, we will contact you by email. If you do not want us to use your data in this way, you can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us via email at support@empay.com. You will then be removed from the marketing email list, however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your Empay Account, to respond to service requests, or for other non-marketing purposes.
• Your information may be used by us for research and statistical analysis and internal service monitoring.
• We use certain processors in the general running of its business and to assist us in providing services to you, for dealing with various matters in connection with our Website and the App. A processor is a third-party service provider or a data processor engaged by us, who has or potentially will have access to or process personal data. If you would like to know a list of our processors who have or have had access to your data, please contact us at support@empay.com.
• The period of use of the personal data supplied by you will not be longer than we deem necessary.
• The data protection legislation gives you the right to access the personal data that we have about you.
• Unless there is a particular reason, we approve your requests regarding the disclosure of your information to third parties after checking that you, as an applicant, is the person concerned. Additionally, in case of inaccurate information that we know about, we will apply the necessary changes to it.

Your Privacy Choices:
The privacy choices you may have about your personal information are determined by applicable law and are described below:

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transfer-related emails regarding services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms & Conditions or this Privacy Policy).
• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
• Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others. Please note you must separately opt out in each browser and on each device.

4. Disclosure of Your Personal Information

Your personal information, collected through Empay Services, may be disclosed under specific circumstances as outlined in this policy. The integrity and confidentiality of your data are paramount, and such disclosures are only made in accordance with applicable laws and for the purposes described in this Privacy Policy:

• We may share your information with selected third parties, including business partners, suppliers, and sub-contractors, for the performance of any contract we enter into with you. These third parties are involved in facilitating our services, including payment processing, analysis, and support services.
• In certain instances, we may be required to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• In the event of a merger, acquisition, or sale of assets, your personal information may be transferred as part of the transaction. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
• Apart from the scenarios mentioned above, you will receive notice when your personal information might be shared with third parties, and you will have the opportunity to choose whether to share this information.
• If we transfer your personal information to a third party in a country not providing an equivalent level of data protection, we will ensure that your information is protected through contracts or other legally binding instruments.

5. Data Retention

Empay maintains a firm commitment to retaining your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. The duration for which the data is stored depends on the nature of the information and the purposes for which it is processed for a retention period is required by law. No other purpose will require us keeping your personal information for longer than the period of time in which you have an account with us. We determine the appropriate retention period for personal data based on the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personal data and whether we can achieve those purposes through other means, as well as applicable legal requirements. Empay regularly reviews the information it holds. When data is no longer needed for the purposes for which it was collected, we securely delete or anonymize it. This ensures that your data is not kept indefinitely without a valid business or legal reason. In some cases, we may be legally required to retain certain types of data for a specified period due to regulatory requirements. For instance, details of financial transactions may need to be retained for financial reporting and compliance purposes. If you close your Empay account or cease using our services, we may still retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You have the right to request access to, correction of, or deletion of your personal data. Please note that a request for deletion may be limited in certain circumstances, such as where retention is required by law or for legitimate business purposes. Please update your account details by contact us via email at support@empay.com.

6. Keeping Information Secure

Inherent Risks of Data Transmission: It is important to acknowledge that the transmission of data over the Internet inherently carries risks. Despite our rigorous efforts and implementation of robust security measures, we cannot categorically guarantee that data transmission is 100% secure. The nature of internet communications means that any information sent to us may potentially be intercepted by third parties. Our Commitment to Data Security: While absolute security cannot be guaranteed, we employ every reasonable measure to safeguard the security of the information you transmit to us. Our security protocols are designed to protect your personal information from unauthorized access, disclosure, alteration, and destruction. Response to Unauthorized Access: In the event of any unauthorized or fraudulent activities, we are committed to taking legal action to the fullest extent permitted by law. This stance reflects our dedication to maintaining the integrity and security of Empay Services and protecting our users' interests. User Responsibility: We advise that the transmission of personal information to and from Empay Services is undertaken at your own risk. We strongly recommend that you access and use Empay Services only within a secure environment. This means ensuring that your internet connection is secure and that your personal information is not exposed to potentially unsafe networks. Recommendations for Users: Users are encouraged to take proactive measures to protect their personal data, including using strong passwords, being cautious of public Wi-Fi networks, and keeping their software up to date to mitigate security risks.

7. Privacy Rights

• You are entitled to have access to your personal data. You may request by writing to us via email at support@empay.com, details of your information which we hold and the purposes for which it is held. We will provide this information within 40 days of your request, subject to any routine processing continuing between that time and the time of response.
• You are entitled to request that we stop using information about you for direct marketing (i.e. the communication to you (by whatever means) of any advertising or marketing material).
• You are entitled to require us to ensure that no decision taken by or on behalf of us which significantly affects you is based solely on the automated processing of your information, to evaluate such matters as, for example, your creditworthiness, reliability, or conduct.
• You are entitled to require a correction of errors in the personal information held about you. If we disagree that information is inaccurate you are entitled to apply to ask the court for an order that such erroneous information be rectified, blocked, destroyed, or erased.

You have certain rights specified above under the data protection regulation concerning the information that we hold about you.
Under the GDPR, you are entitled to the following rights:

• question any information about you that you think is incorrect and have us take reasonable steps to correct it for you.
• to be told about how we process your information.
• require the erasure of personal information concerning you in certain situations
• access personal information and copies (free of charge, where reasonable for us to do so at the time) concerning you collected by us in the course of our relationship with you
• object at any time to processing of personal information concerning you for e.g. (without limitation) direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or which similarly may significantly affect you
• object in certain other situations to our continued processing of your personal information
• otherwise, restrict our processing of your personal information in certain circumstances
• The right to move, copy or transfer your personal data (where reasonable and proportionate for us to do so).

If you are located in the European Economic Area, Switzerland, or the United Kingdom you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Rights of EEA Residents: If you are a resident of the European Economic Area (EEA) and believe that Empay Services is processing your personal information unlawfully, you have the right to lodge a complaint with your local data protection supervisory authority. It is essential for you to know that you have legal avenues available to address your concerns regarding data protection practices.

• Contacting EEA Data Protection Authorities: For ease of access and to facilitate your right to complain, we provide a link to the contact details of data protection supervisory authorities in the EEA: European Data Protection Board - Members.

Rights of Swiss Residents: Residents of Switzerland also have specific rights regarding the processing of their personal data. If you believe that your data is being processed unlawfully, you are entitled to seek recourse.

• Contacting Swiss Data Protection Authorities: The contact details for the Swiss data protection authorities can be found at the following link: Federal Data Protection and Information Commissioner Rights of UK Residents: If you are a resident of the United Kingdom and believe that Empay Services is unlawfully processing your personal information, you have specific rights under UK data protection law. One of these rights is the ability to lodge a complaint with the appropriate data protection authority if you are concerned about our data handling practices.
• Contacting UK Data Protection Authority: For UK residents seeking to address issues related to the processing of their personal data, the primary authority is the Information Commissioner’s Office (ICO). The ICO is responsible for enforcing data protection laws in the UK and provides guidance and assistance to individuals regarding their data rights.
• Information Commissioner's Office (ICO): For more information on how to contact the ICO or to lodge a complaint, you can visit their website: ICO - Make a Complaint.

If you have questions or comments about your privacy rights, you may email us at support@empay.com.

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8. Links to Other Web Resources

Our Website may occasionally feature links to the websites of our partner networks, advertisers, and affiliates. These links are provided for your convenience to offer further information and services that might be of interest to you. Independent Privacy Policies: It is important to understand that these external web resources operate independently from Empay Services and are governed by their own privacy policies. The privacy practices of these external sites may differ significantly from those of Empay Services. No Responsibility for External Policies: Please be aware that Empay Services does not accept any responsibility or liability for the privacy policies, practices, or content of these external web resources. Our inclusion of links to these sites does not imply an endorsement or validation of their content, services, or privacy practices. User Due Diligence: We strongly encourage you to exercise caution and read the privacy policies of any external web resources before submitting your personal data to them. This is crucial for ensuring your understanding of how your information will be handled by these third-party sites. User Discretion Advised: You should use your discretion when accessing and providing personal information to any external web resources. Empay Services cannot guarantee the security or privacy of any information you disclose to external sites.

9. Your Consent to This Privacy Policy

Integration with Terms & Conditions: This Privacy Policy is an integral part of the Terms & Conditions of using our Website and Empay Services. By accessing and using our Website and Services, you acknowledge and agree to the terms outlined in this Privacy Policy. Consent to Privacy Policy and Terms & Conditions: Your use of our Website and Empay Services indicates your consent to abide by this Privacy Policy and the accompanying Terms & Conditions. It's important to understand that this agreement to comply is subject to all applicable laws and is carried out at your own risk. Commitment to Regular Updates: We are committed to ensuring that our Privacy Policy reflects the latest information about how we process your personal data. To achieve this, we regularly review and update the policy as necessary. Encouragement to Review Updated Policy: We encourage you to periodically review the most current version of our Privacy Policy. Staying informed about any changes or updates is important for understanding how your personal data is handled. Availability of the Updated Policy: The latest version of our Privacy Policy will always be available on our Website. You can access it at any time at the following link: https://empay.com/privacy

10. Contact Details

Contacting Empay for Queries and Feedback: If you have any questions, comments, or requests related to this Privacy Policy or our data protection practices, we encourage you to reach out to our team. Please send your inquiries via email to support@empay.com. We are committed to addressing your concerns promptly and effectively. Procedure for Unresolved Concerns: In the event that you feel your questions or concerns regarding data protection or privacy have not been adequately addressed by our team, you have the option to escalate your complaint. You are entitled to lodge a complaint with a supervisory authority or other public body responsible for enforcing privacy laws. Referencing Privacy Policy Section on Rights: For detailed information on your rights and the specific authorities you can contact, please refer to section 7 of this Privacy Policy. This section provides guidance on the appropriate channels for lodging complaints and seeking redress for any perceived infringement of your data protection or privacy rights. Empay's Commitment to Compliance: Empay Services is committed to complying with all applicable privacy laws and regulations. We take your privacy concerns seriously and encourage open communication to ensure your rights are respected and protected.