SendMoney Payments Limited (“SendMoney”, “Company”, “we”, “us” or “our”) offers an online payment platform and a Point-of-Sale (PoS) Terminal deployment and support service that allows customers to make seamless, stress-free payments for desired goods and services online and at physical retail locations. This Privacy and Cookie Policy (“Privacy Policy”) describes how we collect, use, store, share, and protect personal data from Website Visitors, Customers, and/or Vendors (“Data Subjects”) who engage with our services. It applies to our website and all related sites, applications, PoS Terminals, services and tools (collectively, our “Services”).

Our Services are primarily intended for and provided to businesses and other organisations (“Merchants”), and not individual consumers. Thus, we generally process personal data at the direction of and on behalf of Merchants. When we do, we do so as a service provider or a “Data Processor” to those Merchants, but we do not control and are not responsible for the privacy practices of those Merchants. If you are a Customer of a SendMoney Merchant, you should read that Merchant’s Privacy Policy and direct any privacy inquiries to that Merchant. If you are a Merchant, please see the Merchant Privacy Policy.

This Privacy Policy does not apply to services that are not owned or controlled by SendMoney, including third-party websites and the services of SendMoney’s Merchants. This Privacy Policy applies to all forms of systems, operations and processes within the SendMoney environment that involve the processing of personal data. SendMoney is a Stripe company; for more information about Stripe’s privacy practices, see the Stripe Privacy Policy https://stripe.com/en-gb/privacy.

By using or accessing our Services, you agree to the collection, use, and disclosure of your personal data as described in this Privacy Policy. Your use of our Services is also subject to SendMoney’s Terms.

1. The Information we Collect

The personal data we collect depends on how you interact with us, the services you use, and the choices you make. We may collect information from different sources and in various ways, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.

1.1 Personal Data You Provide Directly

We collect personal data you provide to us. For example:

Contact information. As part of our operations, SendMoney may collect information such as your name, telephone numbers, address etc.

Payment information. If you make a purchase such as when you checkout with SendMoney on a Merchant’s website or make a payment using our PoS Terminal, we collect payment card numbers, financial account information, and other payment details.

Communications. If you contact us directly, for example, with an inquiry or a support request, we may receive additional personal data about you, including your email address and the content of your communications.

1.2 Personal Data We Collect Automatically

Device Information. We receive information about the device and software you use to access our Services, including Internet Protocol (IP) address, web browser type, operating system version, and device identifiers.

Usage Information. To help us understand how you use our Services, including the Demo portion of our website, and to help us improve them, we automatically receive information about your interactions with our Services. This information includes records of your transactions and information about your other activities related to our services, such as date and time of your sessions, the pages you view, links to/from any page, and time spent in a session. Some of the data we gather through the use of cookies and similar technologies as discussed below.

Location Information. When you use our Services, we may collect or infer your general location information. For example, your IP address may indicate your general geographic region.

1.3 Personal Data That We Receive from Others or Infer

Partners. We may retrieve additional personal data about you from third parties and other identification/verification services such as your financial institution and payment processor. We may combine that data with other information we have about you.

Publicly available sources. Public sources of information such as open government databases.

Inferences. We may infer additional Personal Data based on the Personal Data described above. For example, for site visitors, we may infer your interests based on the web pages you view.

When you are asked to provide personal data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.

2. How We Use Personal Information

We use the Personal Data we collect to:

Provide you with the required services

Respond to your questions or requests

Improve features, website content and analyse data to develop products and services

Address inappropriate use of our website

Prevent, detect and manage risk against fraud and illegal activities using internal and third party screening tools

Send you marketing content, newsletters and service updates curated by SendMoney (only with your explicit consent)

Verify your identity and the information you provide in line with SendMoney's statutory obligations using internal and third party tools

Maintain up-to-date records

Resolve disputes that may arise, including investigations by law enforcement or regulatory bodies

Any other purpose that we disclose to you in the course of providing SendMoney services to you

3. How We Share Personal Data

SendMoney does not sell, trade or rent personal data to anyone. Further, we will not share or disclose your personal data with a third party without your consent except as necessary to provide the Services or as described in this Privacy Policy.

Merchants. We may share your contact information with merchants as part of your purchase details for record purposes. We will not share this information with other third parties except as a necessary part of providing our website and services. We do not share your card information with merchants. Please review your merchant’s privacy policy to understand the privacy policies guiding the merchant you transact with.

Service providers. We share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support, to assist in protecting and securing our systems and services, or to perform sanctions screening and identity verification services may need access to personal data to provide those functions. The processing by such third parties shall be governed by a written contract with SendMoney to ensure adequate protection and security measures are put in place for the protection of personal data in accordance with the terms of this Privacy Policy.

Financial services & payment processing. When you provide payment data, for example to make a purchase, we will share payment and transactional data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.

Affiliates. We enable access to personal data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access is needed to provide our services and operate our business.

Corporate transactions. We may disclose personal data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.

Legal and law enforcement. We may access, disclose, and preserve personal data in accordance with applicable law and when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.

Security, safety, and protecting rights. We will disclose personal data if we believe it is necessary to:

protect our customers and others, for example to prevent fraud, or to help prevent the loss of life or serious injury of anyone;

operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or

protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies.

Third party analytics and advertising companies also collect personal data through our website and apps including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies section of this statement. These third party vendors may combine this data across multiple sites to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information at www.google.com/policies/privacy/partners.

Finally, we may share de-identified information in accordance with applicable law.

Please note that merchants, sellers, and other Users you buy from or contract with have their own respective privacy policies, and although SendMoney's Merchant Terms of Use does not allow the other transacting party to use your information for anything other than as authorised by you, SendMoney is not responsible for their actions, including their data protection practices. If you provide personal data to any of those third parties, or allow us to share personal data with them, that data is governed by their privacy policies.

4. Cookies

We and our partners use cookies and similar technologies on our website to help collect information and operate the site. We use cookies to remember Users and make your user experience easier; customise our services, content and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies are small text files placed by a website and stored by your browser on your device.

Our cookies hold a unique random reference to you so that once you visit the site we can recognise who you are and provide certain content to you.

Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this may impact your experience using our website.

5. How We Protect your Information

SendMoney shall establish adequate controls in order to protect the integrity and confidentiality of personal data, both in digital and physical format and to prevent personal data from being accidentally or deliberately compromised.

SendMoney is committed to managing your personal data in line with best practices. We protect your personal data using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration, we also use industry recommended security protocols to safeguard your personal data. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files, and only granting access to personal data to employees who require it to fulfil their job responsibilities. Employees may have access to personal data only as is appropriate for the type and scope of the task in question and are contractually forbidden to use personal data for their own private or commercial purposes or to disclose them to unauthorised persons, or to make them available in any other way.

In compliance with the Payment Card Industry Data Security Standard (PCI DSS Requirements”), we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure your card information is safe and secure in our servers, additionally, we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

Two factor authentication (“2FA”) is an additional layer of security we have added to your account. When 2FA is enabled, you will be required to enter a One Time Password (OTP) (which is a verification code we have sent to you for authentication purposes), each time you checkout using SendMoney on a merchant’s website or platform. While we encourage you to enable this feature on every transaction, you may choose to disable the 2FA feature after your initial enrolment by clicking on the toggle button to disable. However, if you choose to disable this feature, you agree that SendMoney shall not be liable for any loss or damages incurred as a result of your action.

SendMoney also maintains a data breach procedure in order to deal with incidents concerning personal data or practices leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. You may contact our Data Protection Officer (DPO) upon becoming aware of any breach of personal data or if your access credentials have been compromised, to enable us to take the necessary steps towards ensuring the security of your personal data or account. We will report any breaches that will compromise your rights and freedoms to the Relevant Authority within 72 hours of discovery.

6. Storage Limitation

We will retain your information for the following periods:

As long as reasonably necessary for the purpose of providing our services to you

For the duration your account is active and we have your consent

For the period needed to comply with our legal and statutory obligations

As needed to verify your information with a financial institution

SendMoney is statutorily obliged to retain the data you provide in order to process transactions, ensure settlements, make refunds, identify fraud and to comply with applicable laws and regulatory guidelines.

7. Transfer of Data

As part of our service provision, we may rely on third-party servers, databases co-located with hosting providers, resident in foreign jurisdictions, which constitutes the transfer of your personal data to computers or servers in foreign countries. We take steps designed to ensure that the data we collect under this Privacy Policy is processed and protected according to the provisions of this Policy and applicable law wherever the data is located.

Where personal data is to be transferred to a country outside Eswatini & South Africa, SendMoney shall put adequate measures in place to ensure the security of such personal data. Any transfer of personal data out of Eswatini & South Africa will be in accordance with the provisions of relevant data protection regulations. In particular, SendMoney shall, among other things, use contractual terms to ensure protection of the data or ensure the country has adequate data protection laws (i.e. listed in Eswatini’s National Information Technology Development Agency’s [“NITDA”] White List of Countries, or the General Data Protection Regulation’s [“GDPR”] Adequacy List).

Should you wish to transfer personal data to a country deemed to have inadequate data protection laws, SendMoney will take all necessary steps to ensure that informed consent is obtained from you, and you are aware of the risks entailed with such transfer. In any instance, SendMoney will ensure personal data is transmitted in a safe and secure manner. Details of the protection given when your personal data is transferred abroad, and details of the basis of such transfers shall be provided to you upon request.

8. Grounds for Processing of Personal Data

Processing of Personal Information by SendMoney shall be lawful if at least one of the following applies:

the Data Subject has given consent to the processing of his/her Personal Information for one or more specific purposes;

the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;

processing is necessary for compliance with a legal obligation to which SendMoney is subject;

processing is necessary in order to protect the vital interests of the Data Subject or of another natural person; and

processing is necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in SendMoney.

9. Choices and Rights

Individuals who have Personal Information held by SendMoney are entitled to reach out to SendMoney to exercise the following rights:

Right to request for and access any Personal Information collected and stored by SendMoney;

Right to be informed regarding their Personal Information;

Right to be informed about appropriate safeguards in place where data is transferred abroad;

Right to object to automated decision making and processing;

Right to request rectification and modification of Personal Information which SendMoney keeps;

Right to request the deletion of their data;

Right to request the movement of data from SendMoney to a third party - this is the right to the portability of data;

Right to revoke consent;

Right to object to direct marketing, and to request that SendMoney restricts the processing of their information; and

Right to submit a complaint to the National Information Technology Development Agency (NITDA).

Your request will be reviewed and answered by SendMoney’s Data Protection Officer within a 30-day period.

10. Changes to Terms & Conditions

We may need to update, modify or amend our Privacy Policy as our technology evolves and as required by law. If we materially change the ways in which we use or share personal data previously collected from you through our Services, we will provide notice or obtain consent regarding such changes as may be required by law. The Privacy Policy will apply from the effective date provided on our website.

11. Terms Violations

Any violation of this Privacy Policy should be brought to the attention of the Data Protection Officer (details below) for appropriate sanctioning and treatment