Privacy Policy

January 6, 2023

Welcome to the Yowpay Privacy Policy

Yowpay respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you about how we handle your personal data when you visit our website or use our products or communicate with us in other ways, and will inform you about your privacy rights and how the law protects you.

Data protection is of a particularly high priority for us. During the processing we conform to the requirements of the applicable data protection legislation, notably the EU General Data Protection Regulation (GDPR).

This means we:

  • clearly specify our purposes before we process personal data, by using this Privacy Policy;

  • limit our collection of personal data to only the personal data needed for legitimate purposes;

  • first ask for explicit permission to process your personal data in cases where your permission is required;

  • take appropriate security measures to protect your personal data and we demand the same from parties who process personal data on our behalf;

  • respect your right to inspect, correct or delete your personal data held by us.

All capital terms will have the same meaning as laid down in the Terms and Conditions applicable when you (also referred to as the Merchant) are using the Transaction Data Information Services.
In this Privacy Policy, we will explain which personal data we collect and for which purposes.

Certain features in connection with your use of the Transaction Data Information Services require you to register beforehand on the Yowpay.com website in order to open your account. You will have to provide some information about yourself and choose a password for the account that we will set up for you (Merchant Account). For this purpose, we use your name and address details, phone number, invoice address, email address and payment details. We need these data because of your use of the Transaction Data Information Services provided by Yow to you. We store this information until you close your Merchant Account. We will retain these personal data so that you do not have to re-enter it every time you use our Transaction Data Information Services and in order to contact you in connection with your use of the Transaction Data Information Services.

1 - Information and who we are

Purpose of this privacy policy

The purpose of this Privacy Policy is to inform you about how Yowpay collects and processes your personal data when you use the Yowpay.com website or any of Yowpay's products or services, as well as in your other interactions with us, including data you may provide on the Yowpay.com website when you create your Merchant Account, fill out a contact form or upload content.

It is important that you read this Privacy Policy and any other privacy policy or fair processing policy we may provide on specific occasions when we collect or process personal data about you, so that you are fully aware of how and why we use your data. This Privacy Policy supplements other privacy notices and policies and is not intended to replace these.

Controller

Yowpay is the controller and responsible for your personal data (referred to as “Yowpay“, “we”, “us” or “our” in this privacy policy).
If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:
Full name of legal entity: Yowpay Luxembourg S.à r.l.
Registration number: B289233
Email address: dataprivacy@Yowpay.com

Postal address: Yowpay Luxembourg S.à r.l. 33, avenue de la Liberté L - 1931 Luxembourg

Complaints
You have the right to make a complaint at any time to the  Commission de Contrôle des Informations Nominatives (CCIN), the Monegasque authorities for the protection of personal data (Monaco Law https://www.ccin.mc/en/).

We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.

Changes to the privacy policy

Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on January 4, 2023.
It is important that the personal data we hold about you are accurate and current. Please keep us informed if your personal data change during your relationship with us.

Third-party links

The Yowpay website and its products and services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Yowpay.com website, we encourage you to read the privacy policy of every website you visit.

2 - The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different types of personal data about you:

  • Identity data includes first and last name, email address.

  • Technical data includes Internet Protocol (IP) address, your authentication data (i.e. login data).

  • Profile data includes your email address and password, transactions you have made (history).

We may be required by law, or for the purposes of entering into or servicing a contractual relationship, to collect and process certain personal information. Failure to provide this information may prevent or delay us fulfilling these obligations or performing services

3 - How are your personal data collected ?

We use various methods to collect data from and about you, including through:

  • create an account on the Yowpay.com website

  • request that marketing information be sent to you;

  • give us feedback or contact us.

When you interact with the Yowpay.com website, we collect the data specified in Section 2.

4. How we use your personal data

We will only use your personal data where we are permitted to do so by law. Most often, we will use your personal data in the following circumstances:

  • When we need to perform the contract we have with you.

  • 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.

  • To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Transaction Data Information Service, our Transaction Data Information Service offerings, and important Transaction Data Information Service-related notices, such as security and fraud notices. These communications are considered part of the Transaction Data Information Service and you may not opt out of them.

  • To third party service providers and partners. We may engage third-party companies or individuals as service providers or business partners to process personal data and support our business. These third parties may, for example, provide a Transaction Data Information Service of virtual computing and storage, or we may share business information to develop strategic partnerships with third-party service providers to support merchants.

  • During a Change to Yow’s Business. If Yow engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all Yow’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all personal data may be shared or transferred, subject to standard confidentiality arrangements.

  • Where we need to comply with a legal obligation.

We have set out below, in table form, a description of all the ways in which we plan to use your personal data, and the legal bases we rely on to do so. We have also identified what our legitimate interests are, if any.
Note that we may process your personal data for more than one lawful reason depending on the specific purpose for which we use your data. Please contact us if you need details of the specific lawful reason we rely on to process your personal data where more than one reason has been set out in the table below.

Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register as a Merchant
(a) Identity
(b) Contact

(c)Email address
(a) Performance of a contract with you,
or (where the contract is with your organisation)
(b) (c) Necessary for our legitimate interests (to correspond with interested parties)

To enter into a contract between Yowpay and your organization (which may be with you on behalf of your organization) payments.

(a) Identity
(b) Contact
(c) Transaction
(d) Profile
(a) Performance of a contract with you, or (where the contract is with your organisation)
(b) Necessary for our legitimate interests
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy

(a) Identity
(b) Contact
(c) Profile

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how the Merchants use our products/services and their views on the same)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation)
(b) Necessary to comply with a legal obligation
When the Merchant performs a Trade
(a) Identity
(b) Contact
(c) Transaction
(a) Performance of a contract with you, or (where the contract is with your organisation)
(b) Necessary to comply with a legal obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical
(b) Usage

(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
(b) Your consent

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law

5. Data security

Yow takes security of data very seriously. Yow works hard to protect the personal data you provide from loss, misuse, and unauthorized access or disclosure.
These steps consider the sensitivity of the personal data we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, Yow cannot guarantee that personal data during transmission through the internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who need to know about these data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so
Age limitations

To the extent prohibited by applicable law, Yow does not allow use of our Transaction Data Information Service by anyone younger than 18 years old or the age of majority in your jurisdiction. If you learn that anyone younger than 18 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

6. Data retention

How long will Yow retain my personal data?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. Details of retention periods for different aspects of your personal data are available by contacting us using the following details:

Email address: dataprivacy@Yowpay.com
Postal address: YOW Sarl 32 rue des remparts 98000 Monaco

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

7. Disclosure of your personal data

We may share your personal data with external third parties for the purposes set out in the table.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only allow them to process your personal data for specific purposes and in accordance with our instructions.
In the case of our use of third-party cookie technologies, such as Google Analytics, these cookies will also be subject to the terms of Google's privacy policy. For more information, please see our cookie policy.

8. Cookies

Cookies are text files that are stored on a computer system via a web browser. We use cookies to improve the functioning of our information services of the linked website and to recognize you on multiple visits.
We do not share cookie data with third parties and do not target ads based on cookies. You can disable cookies through your browser settings, but this may make some features unusable or less effective. See also our cookie t policy

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.
If you wish to exercise any of the rights, please contact us using the following details:
Email address: dataprivacy@Yowpay.com
Postal address: Yowpay Luxembourg S.à r.l. 33, avenue de la Liberté, L - 1931 Luxembourg

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated

10. Glossary

Legitimate Interest
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Your legal rights
You have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This allows you to receive a copy of the personal data we hold about you and to check that we are processing these lawfully.
- Request correction of the personal data we hold about you. This allows you to have incomplete or inaccurate data we hold about you to be corrected, although we will need to verify the accuracy of the new data you provide to us.
- Request the deletion of your personal data. This right allows you to ask us to delete or withdraw personal data where we have no valid reason to continue processing it. You also have the right to ask us to erase or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request for erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

To object to the processing of your personal data where we rely on a legitimate interest (or those of a third party) and there is an element of your particular situation that causes you to object to the processing on this ground, as you believe it impacts your fundamental rights and freedoms. In some cases, we can demonstrate that we have compelling legitimate grounds for processing your information that override your rights and freedoms.

  • Request restriction of processing of your personal data. This allows you to ask us to suspend the processing of your personal data in the following scenarios: If you want us to establish the accuracy of the data. Where our use of the data is unlawful but you do not want us to delete these.

When you need us to retain the data even if we no longer need these because you need it to establish, exercise or defend legal claims.
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds for using it.

Withdraw consent at any time where we rely on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide you with certain products or services. We will inform you if this is the case at the time you withdraw your consent.