Hitpay Privacy Policy

Last Updated: 1 September 2022

1. INTRODUCTION

1.1 Privacy Policy. This Privacy Policy is provided by HitPay Payment Solutions Pte. Ltd., including, where applicable, all of its subsidiaries, brands, related or associated companies/brands (collectively referred to as "HitPay", "we", "us", or "our"). It describes how HitPay handles the personal information we collect from and about you when you visit our website, https://www.hitpayapp.com/ (the "Website"); access and use our mobile application, application programming interfaces, software libraries and any other resources (whether online or offline) (collectively with our Website, our "Platforms"); or otherwise interact with us. Collectively, we describe our products and services – including our Platforms, and online publications and communications – as our "Services". This Privacy Policy also describes certain legal rights you may have, subject to applicable law, and how you can exercise them. Our Terms of Service (https://hitpayapp.com/us/termsofservice) should be read together with this Privacy Policy as capitalised terms not defined in this policy will have the same meaning as is given to them in the Terms of Service.

1.2 Personal Information. For the purposes of this Privacy Policy, "Personal Information" means information that alone or in combination with other information may be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number.

1.3 Scope of Application. This Privacy Policy applies to all Personal Information in our possession or under our control, including Personal Information in the possession of organisations which we have engaged to collect, use, disclose or process Personal Information for our purposes. Individuals covered by this Privacy Policy include the following:

(a) individuals who access HitPay's Platforms and/or Services;

(b) individuals with whom HitPay has had contact, either for business purposes or otherwise, whether on their own account or on behalf of third parties or organisations;

(c) individuals who are employees or prospective employees of HitPay;

(d) individuals associated with HitPay's merchants, suppliers, vendors or professional advisors;

(e) individuals who have opted to receive communications from HitPay; and

(f) anyone else who provides Personal Information to HitPay.

This Privacy Policy does not apply to the practices of third-party payment processors, such as Stripe, which may also collect or receive Personal Information in connection with your use of the Services. We encourage you to review the terms of service and privacy policies of such third-party payment processors before providing any Personal Information to or through them.

1.4 Acknowledgement and Consent. By interacting with us, visiting our Platforms, or accessing the Services, you confirm that you have agreed to the HitPay Terms of Service (https://hitpayapp.com/us/termsofservice); you accept the practices, requirements, and/or policies outlined in this Privacy Policy; and you hereby consent to us collecting, using, disclosing and/or processing your Personal Information as described herein. If you do not consent to the processing of your Personal Information as described in this Privacy Policy, please do not access and use our Platforms and our Services or interact with HitPay.

1.5 Changes to Our Privacy Policy. We may revise or update this Privacy Policy from time to time to reflect changes in our practices or in the law. If we make changes to this policy, we will post the updated Privacy Policy on our Website and indicate when it was revised. You are advised to review this policy periodically to stay informed of our practices. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. Your continued use of the Services after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy, to the extent permitted by law.

2. PERSONAL INFORMATION WE COLLECT

2.1 Collection of Personal Information. The types of Personal Information we collect depends on how you interact with us and which services you use.

When you engage with us in certain ways, you may submit information of your own accord or you may be asked to do so to participate in certain activities. For instance, we collect Personal Information that you voluntarily provide in the following ways:

(a) you register for and create a HitPay Account;

(b) you use our Platforms (whether online or offline) and/or Services, or that of an Authorised Representative;

(c) you contact HitPay for business purposes or otherwise, including via email or communication with a representative of HitPay;

(d) you respond to or submit any queries or feedback to HitPay, request to be on our mailing list, or submit Personal Information to us for any other reason;

(e) navigate our Website or other Platforms;

(f) interact with our emails, including marketing communications; and

(g) accept our Platforms' use of cookies and other similar technologies that record information about your use of our Platforms.

We may also supplement the information that we collect from you with additional information about you obtained from private and publicly available sources. For instance, we or our third-party service providers may collect information about you when we conduct due diligence checks, anti-money laundering checks, fraud monitoring, financial compliance activities and other activities in order to comply with the regulations that may be issued by a financial regulator, which may include searing government lists of restricted or sanctioned persons, public records databases, media reports, and the internet.

2.2 Type of Information Collected. We may collect Personal Information (including sensitive Personal Information) including but not limited to:

(a) your name;

(b) gender;

(c) date of birth;

(d) residential status;

(e) nationality;

(f) email address;

(g) registered address;

(h) job title and business contact information;

(i) any information you choose to share when you request information from us, request customer support, or otherwise correspond with us including via a our branded social media accounts;

(j) your marketing communications preferences, responses to surveys, and details about how you engage with our marketing communications;

(k) certain transaction information such as merchant information, date and time of transaction, and amounts charged;

(l) government-issued identification number (such as a driver's license number); and/or

(m) information about your mobile phone, including, where available, your IP address, operating system and browser type.

3. PERSONAL INFORMATION OF OTHER INDIVIDUALS

3.1 Provision of Personal Information of Other Individuals. Through your use of the Services, HitPay may collect Personal Information from you about someone else where you have authorised us to do so (for example, by inviting another person to try HitPay's Services). To the extent that you have provided, or will provide, Personal Information about your family members, spouse, other dependents (if you are an individual), directors, shareholders, employees, representatives, agents (if you are a corporate, an entity or an organisation) and/or other individuals, you confirm that you have taken reasonable steps to ensure that the affected individual is aware of and/or consents to the processing (including disclosure and transfer) of their Personal Information in accordance with this Privacy Policy.

3.2 Children's Privacy. Our Services are intended for adults and we do not knowingly collect Personal Information from children. If you are a parent or legal guardian and you think your child under the age of eighteen (18) has given us Personal Information without your consent, please contact us at support@hit-pay.com.

4. COOKIES

4.1 Implementation of Cookies. We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Platforms and the Services we offer or help us offer new services and features.

4.2 What are Cookies. Cookies are small files which are placed on your computer when a website is accessed by you. Cookies help the website user to navigate efficiently between pages and the website operator to track usage of the site. We may link cookie information to Personal Information.

4.3 What We Use Cookies For. Cookies allow us to recognise your computer or device and tell us how and when the Services or Platforms are used or visited, by how many people and to track activity within our Platforms. Cookies are also used to deliver content specific to your interest and to monitor usage of the Platforms and Services.

4.4 What Are My Options in Relation to the Use of Cookies. By using our Platforms, you agree to the use of cookies and other technologies as set out in this Privacy Policy. If you do not agree to such use please either refrain from using the Platforms, or refuse the use of cookies by selecting the appropriate settings on your browser. However, you may not be able to access the full functionality of our Platforms or Services if you choose to do so.

4.5 Opting-Out. It is possible to opt out of targeted advertising at http://www.youronlinechoices.eu/. You can learn more about interest-based advertising and opt-out of interest-based advertising from participating online advertising companies at the following links:

(a) Digital Advertising Alliance EU (EDAA) - http://www.youronlinechoices.com/;

(b) DAA AppChoices page - http://www.aboutads.info/appchoices;

(c) Network Advertising Initiative (NAI) - http://optout.networkadvertising.org/;

(d) Digital Advertising Alliance (DAA) - http://optout.aboutads.info/;

5. USE OF PERSONAL INFORMATION

5.1 Purpose. We may use Personal Information for any or all of the following purposes (the "Purposes"):

(a) to ensure that your identity is verified, including distinguishing you from another person with the same or similar details as yourself;

(b) to process any payment or credit transactions and/or perform our Services;

(c) to execute our system administration and to report aggregate information to our merchants and advertisers. This relates to statistical data about our users' browsing actions and patterns, and does not specify any individual;

(d) to handle, process, and respond to any queries, requests, applications, complaints, or feedback from you;

(e) to carry out any reasonable business activities such as audits, risk management or business reporting;

(f) to comply with any internal policies, applicable laws, regulations, or to assist with any law enforcement or investigations conducted by any governmental and/or regulatory authority;

(g) to enforce or defend our rights, contractual or otherwise, including investigations and participating in potential or actual litigation, arbitration, or other legal processes;

(h) to ensure that content from our Platforms is presented in the most effective manner for you and for your device;

(i) to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

(j) to further our networking, marketing, and social strategies;

(k) to improve our Services, including monitoring and analysing usage, trends, and activities related to the Website and Platforms and identifying, fixing, and troubleshooting bugs and service errors;

(l) to carry out our obligations arising from any contracts entered into between you and us;

(m) to allow you to participate in interactive features of our service, when you choose to do so;

(n) to notify you about changes to our Services; and

(o) to carry out any other purpose described to you at the time the information was collected.

5.2 Aggregate Data. We may provide our business associates, partners or advertisers with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, graduate women). We may make use of the Personal Information we have collected from you to enable us to comply with our business associates', partners' or advertisers' wishes by displaying their advertisement to that target audience.

5.3 Continuation. We may continue to use your Personal Information even in a situation where the use of Services, our Platforms or any contractual obligations you may have with us have ceased, been terminated or altered in any way, for a reasonable period thereafter. This may include, where applicable, a period to enable us to enforce our rights under any contract with you.

6. DISCLOSURE AND TRANSFER OF DATA

6.1 How We Share Your Personal Information. We may share Personal Information about you with certain third parties in the following circumstances

(a) where we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our terms of contract;

(b) where such disclosure is required for performing obligations in the course of or in connection with the provision of our Services or proper use of the Platforms;

(c) to any member of our HitPay group i.e., our subsidiaries, our ultimate holding company and its subsidiaries;

(d) to third-party service providers, agents and other organisations we have engaged to perform any of the Purposes for us, who are involved in the provision of Services to you or to provide you with information about goods and services which may be of interest to you;

(e) with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information; and/or

(f) with another company in connection with or during negotiations of any merger, acquisition, financing, re-organisation, bankruptcy, sale of all or a portion of our assets or transition of services to another provider.

We may also share aggregate or de-identified information, which cannot reasonably be used to identify you, for various purposes, including compliance with various reporting obligations; for business or marketing purposes; or to assist third parties in understand our users' interest, habits and usage patterns for certain content, services, advertisements, promotions, and/or functionality available through the Services.

7. DATA TRANSFER

7.1 Data Transfers Outside the United States. The Personal Information that we collect from you may be transferred to, and stored at, and processed for the Purposes set out in this Privacy Policy in Singapore, where we are based, or any other country where we have operations or where we engage vendors or service providers. These countries may not have the same data protection laws as the country in which you originally provided the information. By submitting your Personal Information to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.

8. DATA SECURITY

8.1 General. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platforms, it is your responsibility to ensure that the password is kept confidential and that you do not share the password with any third party.

8.2 Transmission of Information via Internet. Please note that the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Platforms and any transmission is made at your own risk. Once we have received your information, we will take reasonable steps to try to prevent unauthorised access, loss, or other misuse of your Personal Information.

9. YOUR RIGHTS

9.1 Opting Out of Email Marketing. You can opt out of receiving our promotional emails at any time by following the instructions included in those emails. Please be aware that it may take up to ten (10) days for us to process your request, and you may continue receiving promotional communications from us during that period. If you opt out of receiving such communications, we may continue to send you non-promotional emails (such as emails related to our business relationship or emails about changes to our legal terms).

9.2 Restricting Cookies/Do Not Track. HitPay does not currently change its behaviour in response to web browser "do not track" signals. However, you can configure most browsers to reject cookies or to notify you when you are sent a cookie, giving you a chance to decide whether to accept it. You can consult the help section of your browser to find out how to do this. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. In the event that a universally accepted standard emerges on how organisations should respond to "do not track" (or similar opt-out signals), we will assess and provide an appropriate response to those signals.

9.3 Access, Update, or Delete Your Information. If you would like to access, update, or delete Personal Information you have provided, you may do so through your account settings or by emailing us at support@hit-pay.com. Please note that we may keep certain Personal Information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also keep cached archived copies of Personal Information for a certain period of time.

9.4 Limiting Information in Your Account. You can control the information we collect about you by limiting what information you provide through your Account. Please note that if you choose not to provide certain information, it may make it difficult or impossible for you to access some services.

9.5 Disabling Push Notifications. With your consent, we may share push notifications or alerts to your mobile device. We use push notifications to inform you of important updates and to send you meditation reminders. You can manage or deactivate these notifications at any time by turning off the notifications setting in the app or by disabling notifications through the device settings on your mobile device. If you choose not to receive push notifications, you will still receive in-app notifications in the "Notifications" section of the app.

9.6 Limiting Device Permissions. With your consent, we may access your mobile device's camera. However, we will never import any photos other than those you explicitly choose to share. At any time you can turn off these features using the device settings of your mobile device.

9.7 Statutory Rights. Certain data protection and privacy laws provide individuals with rights related to their Personal Information. Depending on you location, you may have the right to request for access to, request for a copy of, request to update or correct, request to delete, or request to restrict the sale or sharing of your Personal Information or the use of your sensitive Personal Information held by us. Please note that a reasonable fee may be charged for an access request and if so, we will inform you of the fee before processing your request. You may submit your request in writing or via email to our Data Protection Officer at support@hit-pay.com.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. Before responding to your request, we may require that you provide us with additional information to confirm your identity. You also have the right to lodge a complaint with the authorities applicable to your situation. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

9.8 Withdrawal of Consent. You have the right, by notice in writing to support@hitpay.com, to inform us of your withdrawal (in full or in part) of your consent previously given to use your Personal Information, subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected. However, depending on the extent of your withdrawal of consent for us to process your Personal Information, you may not be able to access our Services and/or use our Platforms.

10. CALIFORNIA PRIVACY RIGHTS

If you are a resident of California, California law requires us to disclose the following information with respect to our collection, use, and disclosure of your Personal Information.

10.1 Notice of Collection. Although the information we collect is described in greater detail in the Personal Information We Collect section above, the categories of Personal Information that we have collected – as described by the CCPA – including in the past 12 months are:

(a) Identifiers, such as name, contact information, and IP address. We collect this information directly from you, from third-party sources, or indirectly through your actions on our Platforms or from your devices.

(b) Other individual customer records, such as your phone number, billing address, and payment card information. This category includes Personal Information protected under pre-existing California law (Cal. Civ. Code § 1798.80(e)), and overlaps with other categories listed here. We collect this information directly from you, from third-party sources, ro indirectly through your actions on our Platforms or from your devices.

(c) Commercial information, such as invoicing information and engagement with our Services. We collect this information directly from you.

(d) Demographic information, such as birthdate, country of citizenship, and country of residence. We collect this information directly from you.

(e) Internet activity, such as referring and exiting pages and your interactions with our Services. We collect this information directly from your device.

(f) Employment information, such as company name and job title. We collect this information directly from you or from third-party sources.

(g) Sensory information, such as photos. We collect this information directly from you.

(h) Inferences, such as information about your interests and preferences. We collect this information directly from you or indirectly from your activity on our Website or from your device.

10.2 Business or Commercial Purpose for Collecting and Using Personal Information. We collect each category of Personal Information listed above for the business or commercial purposes described in the Use of Personal Information section above.

10.3 Categories of Sources of Personal Information. We collect each category of Personal Information listed above directly from you, through automatic data collection means, or through the third-party sources described in the Personal Information We Collect section above.

10.4 Categories of Personal Information Disclosed. In the preceding 12 months, we may have disclose the categories of personal Information listed above in the circumstances described in the Disclosure and Transfer of Personal Information section above.

10.5 Categories of Third Parties With Whom We Share Personal Information. We may share each category of Personal Information listed above with the third parties described in the Disclosure and Transfer of Personal Information section above.

10.6 Right to Know. California residents may request disclosure of the specific pieces and/or categories of Personal Information that we have collected about them, the categories of sources for that Personal Information, the business or commercial purposes for collecting the information, the categories of Personal information that we have disclosed, and the categories of third parties with which the information was shared. To request this information, please contact us at support@hit-pay.com.

10.7 Authorised Agent. You may designate an authorised agent to make a request on your behalf. To do so, you must provide a valid power of attorney, the requester's valid government-issued identification, and the authorised agent's valid government-issued identification. To verify the request, we may contact you directly.

10.8 Right to Non-Discrimination. Limiting use of, or deleting, your Personal Information may affect features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.

10.9 Financial Incentives. We offer various financial incentives. For example, we may provide discounts, coupons, and other benefits to individual who sign up to receive our promotional communications. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can opt into a financial incentive by following the sign-up or participation instructions provided, and you may opt-out of the financial incentive or our continued use of your Personal Information in connection with a financial incentive, at any time by contacting us at support@hit-pay.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your Personal Information is reasonably related to the value of the offer or discount presented to you.

10.10 Right to Opt Out. HitPay does not sell Personal Information to third parties for monetary value. However, the term "sale" is defined very broadly under California law. To the extent that "sale" under California law is interpreted to include any of the data described in the Use of Your Information section above, California residents are entitled to opt out of the sale of their Personal Information at any time. Please contact us at support@hit-pay.com to exercise your rights.

10.11 Shine a Light. California Civil Code § 1798.83, also known as the "Shine The Light" law, permits California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

11. NOTICE FOR NEVADA RESIDENTS

11.1 Right to Opt Out. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at support@hit-pay.com the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account. However, as described above, HitPay does not sell Personal Information to third parties for monetary value. Thus, we do not sell your Personal Information as "sales" are defined in Nevada Revised Statutes Chapter 603A.

12. RETENTION OF PERSONAL DATA

12.1 Duration of Retention. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal data or remove the means by which the data can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

13. LINKS TO OTHER PLATFORMS

13.1 Links To Other Platforms. Our Platforms may, from time to time, contain links to and from the platforms of our partner networks, advertisers and affiliates. If you follow a link to any of these platforms, please note that these platforms have their own privacy policies and that we do not accept any responsibility or liability for these policies. The fact that we link to a website, service, or application is not an endorsement, authorisation, or representation of our affiliation with that third party. We encourage you to review these policies before you submit any Personal Information to or through these platforms.

14. ENQUIRIES AND COMPLAINTS

14.1 Contacting Us. Questions, comments and concerns regarding this Privacy Policy are welcome and should be addressed to support@hitpay.com. We will work with you to resolve any complaint and, where needed, engage a third-party mediator if it will assist us to find an amicable resolution.