1. SCOPE OF THIS POLICY
1.1 This Policy, together with our Terms and Conditions of Service, our Business Terms and Conditions of Service and any other body of provisions subscribed between the parties (as applicable) apply to your use of:
a) Our Website at www.RedCloud.com (the "Website") including, without limitation, the RedCloud Dashboard available to RedCloud Dashboard Users;
b) The RedCloud Mobile App (the “App”) once you have downloaded a copy of the App onto your mobile telephone or handheld device (the “Device”); and
c) Any of the Services accessible through the App or the Website, including any API specifically developed for customer use.
1.2 This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data, how it is used and how it is treated by us. Please download and save this Policy - if you do not agree with this Policy, you must not use our Services. Supplying personal data to us and engaging us to provide Services under the Agreement after you have already obtained knowledge of this Policy, shall be evidence of your consent to the collection, use and disclosure of personal data about yourself and other third parties whose personal data you control, in accordance with the terms set out in this Policy, unless you notify us otherwise in writing.
1.3 All personal data is collected, transferred and maintained in accordance with the principles incorporated within applicable legislation of the Republic of Nigeria. The personal data provided by you, as well as by third parties, is preserved in electronic form. For the purpose of the applicable law, the data controller is REDCLOUD TECHNOLOGIES LTD., a company duly established in Nigeria.
1.4 For our Nigeria Services, personal data shall be handled in accordance with the provisions set forth by the law. Any customer data gathered shall be restricted to data considered by us to be “sufficient and necessary” for the scope and purpose for which such data has been obtained. No personal data shall be used for any purpose incompatible with the basis for collection of such information.
1.5 You provide any customer data with express consent to allow us to use it as described in this Policy. You also assume full responsibility for the accuracy and lawfulness of your data with us, and you agree to update as required such information promptly as the need arises.
1.6 Your consent shall not be required when the basis for gathering data is by virtue of a legal obligation, can be obtained from a public source, is restricted to name, identity document number, derives from a commercial relationship between you and us and is required for the performance of our reciprocal obligations under our Agreement, or is related to operations by financial institutions.
1.7 For advertisement communications, you authorise us to create a profile of you with your data based on your data and use of the Services.
2. INFORMATION WE COLLECT FROM YOU
2.1 We will collect and process the following personal data about you:
a) Personal data you give us (Submitted information):
This is information you provide by filling in forms on the App and/or the Website, or by corresponding with us (for example, by e-mail or via the chat functions on the App and/or the Website). It includes information you provide when you register to use the App, download or register the App, subscribe to any of our services, enter into any transaction on the App or the Website, participate in discussion boards or other social media functions on the App or the Website, enter a competition, promotion or survey and when you report a problem with an App, the Services, or the Website. If you contact us, we will keep a record of that correspondence, including post mails, e-mails and faxes, and retain such information in the record made for your account, as well as correspondence from us to you. In addition, phone communications will be monitored and/or recorded for fraud detection and improving our services. The information you give us may include, among other categories or items, your name, address, date of birth, e-mail address, phone number, the device identification number, username, PIN and other registration information, financial, details of your bank account including the bank account number, bank sort code, IBAN, details of your debit and credit cards including the long number, relevant expiry dates and CVC, identification document numbers, copies of identification documents (for example, passport, driving licence and utility bill) personal description and photograph and any other information you provide us in order to prove your eligibility to use our services. Should you communicate with other users of these Services through our social media functions, you agree that the content of the messages delivered are not copied, kept, archived or preserved in any way by us, including any digital content or files. Messages sent shall be stored in your Device and with the recipient. We cannot restore any messages, images, documents or other content transferred by you in any event.
b) Information we collect about you and your device. Each time you visit the App or our Website we will automatically collect the following information:
i. technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information and the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), geolocation data, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting (Device Information);(ii) information about your visit, including the full uniform resource locators (URL), , traffic data, location data, weblogs and other communication data, clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information and any phone number used to call our customer service number;
ii. transaction information including date, time, amount, currencies used, exchange rate, beneficiary details, details and location of the merchant or ATMs associated with the transaction, IP address of sender and receiver, sender's and receiver's name and registration information, messages sent or received with the payment, device information used to facilitate the payment and the payment instrument used.
iii. information related to the Service and your interaction with the App, the Website and us which is stored on your Device, including if you allow RedCloud access contact information from your address book, login information, photos, videos or other digital content, check ins (Content Information). The App will periodically recollect this information in order to stay up-to-date;
iv. details of your use of our App or your visits to our Website including transaction details relating to your use of our services, including who you have sent money or electronic money to, foreign exchange transactions you have entered into, the time, date and location of the place the transaction was entered into.
c) Location information. We use GPS technology and your IP address to determine your location – this may be used when the App is running in the foreground and the background of your device. This is used to prevent fraud, for instance if your mobile phone is saying that you are based in the UK but your account is being used to enter into an ATM Withdrawal or point of sale purchase in Nigeria, we may not allow that transaction to be processed. Our fraud-prevention measures require this personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by de-selecting "location based security" on your device.
4. USES MADE OF THE INFORMATION
4.1 We use information held about you in the following ways:
(a) Submitted Information. We will use this information:
i. To verify your identity and financial information and confirm your eligibility to use our products and services;
ii. To comply with financial crime laws, make fraud prevention checks, anti-money laundering/anti financing of terrorism and credit checks;
iii. To take all necessary measures required for opening, operating and administering and closing your account and the payment instruments associated to it and for provision of services that you have requested;
iv. To execute your instructions for undertaking and receiving payments and transfers using the Services, including verifying that you have sufficient funds in your account and the required linked payment instruments to make such payment operations;
v. To notify you about changes to the service(s) provided by us;
To comply with financial and payment services regulations including retention of financial information and transactions information;
vi. To transfer our rights under the Agreement;
vii. To exercise our rights and perform our statutory and contractual obligations arising from any transactions you enter into with us, for example Top Ups, Instant Transfers, Bank Transfers, Electronic Money Exchanges, ATM Withdrawals and Card Purchases
viii. To provide you with the information, products and services that you request from us, and about other goods and services we offer that are similar to those that you have already purchased or enquired about;
ix. To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you;
x. To facilitate social interactions through our services and to make you aware if any of your contacts who are RedCloud Users and have location services enabled, are in the same area as you;
xi. To ensure that content from our site is presented in the most effective manner for you and for your computer.
xii. To generate and send to your mobile phone number verification codes as well as to request you to enter them as a confirmation of certain actions, in order to process transactions, issue new PIN, as well as to contact you should the need arise.
xiii. To have access to your contact list/address book, in your Device, in order to find, keep track and use of the mobile phone numbers of other users of the Services provided by us.
(b) Device Information. We will use this information:
i. To administer our Website and the App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
ii. To improve our Website and the App to ensure that content is presented in the most effective manner for you and for your computer;
iii. To allow you to participate in interactive features of our service, when you choose to do so;
iv. As part of our efforts to keep our Website and the App safe and secure;
v. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
vi. To make suggestions and recommendations to you and other users of our Website and the App about goods or services that may interest you or them;
vii. To verify your identity, protect against fraud, comply with anti-financial crime laws and to confirm your eligibility to use our products and services; and,
viii. To comply with our regulatory obligations.
c) Location Information. We will use this information:
i. To deliver relevant advertising to you, for example, information on nearby merchants;
ii. To protect against fraud; and
iii. To make you aware if any of your contacts, who are RedCloud Users and have location services enabled, are in the same area as you.
d) Third Party Information.
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information:
i. To help us better understand your financial circumstances and behaviour so that we may make decisions about how we manage your RedCloud Account;
ii. To process applications for products and services available through us including making decisions about whether to agree to approve any applications;
iii. For any of the purposes set out above.
4.2 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this Policy for as long as it is combined.
4.3 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous 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, women in Buenos Aires). We will use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
5. DISCLOSURE OF YOUR INFORMATION
5.1 We will disclose the data we collect from you to the following third parties:
a) business partners (including banking partners and banking intermediaries), suppliers and sub-contractors for the performance of any contract we enter into with them or you, if it is necessary for us in order to, among other things, respond to a request coming from you, process your payment details, provide support services and monitor fraudulent activities;
b) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience. We may also disclose aggregated commercial data on turnovers made via the Services to third parties where this information will be used by them only for the purposes of distributing the Services and/or support for use of the Services;
c) necessary information to the payment processors, auditors, customer services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties, analytics and search engine providers that assist us in the improvement and optimisation of our site;
d) third parties to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services, including auditors, investigators, counsel or professional service providers assisting us with anti-money laundering and know your customer activities;
e) credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you;
f) other customers of the Service or a merchant to whom you wish to transfer funds, at a minimum, we may pass on to the recipient your mobile phone number, e-mail address and your account identification number. Depending on the type of payment involved, we may also send other personal details such as name, address and country of residence;
g) your agent or legal representative (if applicable, such as the holder of a power of attorney that you grant, or a guardian appointed for you);
h) aggregated statistical data with our business partners or for public relations.
5.2 You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
5.3 We will disclose your personal information to third parties:
a) In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
b) In the event that RedCloud Technologies Ltd. (Nigeria) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
c) If we are under a duty to disclose or share your personal data in order to comply with any legal, regulatory obligation or request by authorities. Such disclosure may include, without limitation, transaction information, account information, personal information and the contents of communications to the court, the police, law enforcement agencies, security forces, self-regulatory authorities or organisations, governmental, intergovernmental or supranational bodies, government agencies, departments, regulatory authorities, and other third parties, including our own affiliates, in response to the requirements of the credit card associations or a civil, administrative or criminal legal process, whether we are legally compelled or permitted to exchange information, including but without limitation the applicable laws on automatic exchange of information. If false or inaccurate information is provided by you, we will pass details to fraud prevention agencies and law enforcement agencies may access and use that information. We and other organizations may also access and use this information (including information from other countries) to prevent fraud and money laundering.
d) In order to:
i. enforce or apply the Terms and Conditions of service and/or the Business Terms and Conditions of Service and/or any other agreements between you and us or to investigate potential breaches; or
ii. protect the rights, property or safety of RedCloud Limited, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
iii. respond to requests by intellectual property right owners if they have a claim against us or an out-of-court information disclosure request due to an alleged infringement of their intellectual property rights for which our Services have been used;
6. WHERE WE STORE YOUR PERSONAL DATA
6.1 The data that we collect from you will be processed by staff who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
6.2 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Socket Layer technology or a secure virtual private network.
6.3 Where we have given you (or where you have chosen) a user id and PIN that enables you to access certain parts of our App and/or our Website, you are responsible for keeping these credentials confidential. We ask you not to share a PIN with anyone. The security of your account depends on your care in protecting the confidentiality of your identifying credentials. Never share your identifying credentials with anyone. We will never ask you to send your identifying credentials in an e-mail, although we may ask you to enter this and other personal information via the App uploaded on your Device or in other way as may be required by the Service. Any e-mail or other communication asking you to provide personal information via email, or linking to a website with a URL that seems suspicious, should be treated by you as unauthorised and should be reported to us immediately. If you do share your identifying credentials with a third party for any reason, including because the third party has promised to provide additional services to you, the third party will have access to your account and to your personal information, and you will be responsible for the actions taken by the third party by using your identifying credentials. If you believe someone else has obtained access to your identifying credentials, you must change it immediately by logging in to the account and changing your settings, and you must contact our customer service representatives.
6.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App or our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6.5 Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
7. YOUR RIGHTS
7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us using the chat function on the App or the Website.
7.2 Our App and our Website may, from time to time, contain links to and from the Websites of our partner networks, advertisers and affiliates (including, but not limited to, Websites on which the App or the Services are advertised). If you follow a link to any of these Websites, please note that these Websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these Websites or services, such as contact and location data. Please check these policies before you submit any personal data to these Websites or use these services.
8. ACCESS TO INFORMATION
8.1 Applicable law gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. You are entitled to access your personal data and a request can be directed to us, free of charge as long as the frequency does not exceed one (1) per each six-month interval, unless you have a legitimate reason for more frequent access.
8.2 You can access some of the information we hold about you on the App or the Website by visiting the relative page on the App or the Website. On these pages, you may edit the information we hold about you. If you wish to change or delete information we hold about you which you cannot edit or delete from the App or the Website, please contact our customer support.
8.3 If you close your Account, we will mark in our database the account as "Closed", but will keep your information, as we are required to retain certain records for a period of at least five years after closure. If you close your account, your personal data will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.
10.2 We will communicate with you on a regular basis via email, SMS or push notifications via the App used to provide the Services. We will also communicate with you by e-mail or phone to resolve your complaints or claims, respond to your requests for customer service; inform you if your account or any of your transactions appears to have been used for an illegitimate purpose; confirm information concerning your identity, business or account activity; conduct customer surveys; investigate suspicious transactions.
10.3 We will also use your email, physical address or mobile phone to send an SMS, email or push notification to confirm the opening of an e-money account, to send notice of payments sent or received through us, to send information about important changes to the products and services, and to send notices and other disclosures required by law. We will monitor and/or record telephone conversations with you to offer additional security, detect fraud, you’re your instructions correctly or to resolve complaints.