Privacy Policy

QisstpayBNPL (Private) Limited (“QP”) respects your privacy and is committed to protecting your Personal Data. This Privacy Policy will inform you as to how we look after your Personal Data when you visit our Platform (regardless of where you visit it from) and/or use our Services. Please read this Privacy Policy carefully before using the Platform (and/or Services) or submitting any information to us. If you do not agree to any part of this Privacy Policy, you shall immediately cease accessing our Platform or using any of our Services.

Definitions

“Comply with a legal or regulatory obligation” means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

“Data” means personal and non-personal User’s data that is submitted, generated, featured and displayed through the Platform, collected from the use of the Service and stored on QP’s servers.

“Legitimate Interest”means the interest of our business in conducting and managing our Services to enable us to give you the best Service and the best and most secure experience.We consider and balance any potential impact on you and your rights before we process your Personal Data for our legitimate interests.

“Performance of our Services”means processing your Data where it is necessary for the performance of ourServices.

“Personal Data” means information that specifically identifies an individual (such as a name, address, photo, telephone number, mobile number, e-mail address, birthday, office location, professional and personal interests, company name, title department, spoken languages) or information about that individual that is directly linked to personally identifiable information.

“Platform” means any online tool provided, processed and/or maintained by QP (including, but not limited to, all subpages and subdomains, all content, Services and products available at or through QP’s website located at and/or its mobile application,  and/or any other related domain offering access to, or facilitating the provision of, the Services);

“Privacy Policy” means all of the privacy policies, practices and notices contained or referenced in this document (as amended from time to time) and all other QP rules, and policies available on the Platform that may be published from time to time on thePlatform.

“Service” means the online and/or offline services provided by QP for the provision and use of the technology that QP has developed to facilitate the provision of micro lending services;

“Platform”means the website or application through which the Personal Data of the User is  collected and processed.

“User”, “you” and “your”collectively mean the person, company, or organization using this Platform who, unless otherwise specified, coincides with the Data Subject.

1.   Important information and who we are

1.1    Purpose of this Privacy Policy:

ThisPrivacy Policy aims to give you information on how QP collects and processes your Personal Data through your use of the Platform, including any Data you may provide through the Platform when you register an Account, use any Service and/or sign up to our newsletter, as well as installing and signing up to anyQP mobile application.

OurPlatform is not intended for any natural person under the age of 18 and we do not knowingly collect Data relating to any natural person under the age of 18.

ThisPrivacy Policy applies to the Platform and the website you are currently viewing. By clicking on the “Accept” button, you; (i) agree irrevocably and without condition to this Privacy Policy, and (ii) consent to your PersonalData being collected, used and disclosed as set out in this Privacy Policy.

You consent to us posting and using any photographs, content and/or Personal Data you might upload on our Platform or have otherwise provided consent to publish on our Platform, blog, in our marketing material or social media channels, which we may use in order to provide information on our Services and/or products, the marketing of our Services and/or products or for the purpose of our functions and/or activities.

It is important that you read this Privacy Policy together with the QP’s UserTerms available at our Platform which may be amended from time to time.

1.2    Changes to the Privacy Policy and your duty to inform us of any changes in yourPersonal Data.

You agree that QP may amend this Privacy Policy from time to time, and at our sole discretion. Although we will use our best endeavours to notify you of any amendment to this Privacy Policy, we will not be required to provide you with prior notification of such amendments or changes to this Privacy Policy.

Upon any amendment or change to this Privacy Policy, we may publish the amendedPrivacy Policy on the dedicated link available on our Platform. Your continued use of the Platform and/or the Service after the publication date of a revised version of this Privacy Policy constitutes your acceptance of its terms.

You agree and undertake to review our Privacy Policy each time you visit ourPlatform and/or prior to your use of any Services. If you do not agree to ourPrivacy Policy, as updated from time to time, you undertake to cease using ourPlatform and/or Services immediately.


1.3    Third-party links

OurPlatform 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 our Platform, we encourage you to read the privacy policy of every website you visit. These third-parties have their own privacy policies, and we are not responsible for their actions, including their information protection practices.

2.   The data we collect about you

2.1     PersonalData

2.1.1Depending on which of our Services you use and how you interact with ourPlatform, we collect different kinds of information from or about you. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

Identity Data includes first name, last name, address, username or similar identifier, title, date of birth, gender and biometric data including facial recognition.

Contact Data includes billing address, delivery address, location, email address and/or telephone numbers.

Payment Data includes bank account, credit card and debit card details, and payment history.

Transaction Data includes details about payments to and from you.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, make and model (mobile phones only), operating system, hardware version, platform, device settings and other technology identification on the devices used to access our Platform, file and software names and types, device identifiers, time zone setting and location, device locations such as throughGPS, Bluetooth or WiFi signals, browser plug-in types and versions, operating system and platform, connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number andIP address.

Profile Data includes any User Account information, anyUser’s username and password, any purchases or orders made by a Customer, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our Platform, products and services and how you use your devices to access our Platform, including the screens you visit and searches you make.

Marketing and CommunicationsData includes your preferences in receiving marketing from us and your communication preferences

Other Data includes:

i.     photos or other data uploaded onto any of our Platform by you or shared with other Users of our Platform by you via ourPlatform;

ii.    communications with us via social media platforms, email, electronic messages and other electronic and non-electronic communications;

iii.   third-party partner information related to how you use our third-party partners, such as your reviews of our third-party partners or other service providers.

iv.   your networks and connections made available to us, depending on the permissions you have granted, from your mobile and desktop devices address book contacts, and other social media such as Facebook, Instagram and Twitter.

2.1.2     We also collect, use and share aggregatedData such as statistical or demographic Data for any purpose. Aggregated data may be derived from your Personal Data but is not considered Personal Data as this Data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of Users accessing a specific Platform feature.

 

2.2  Data Collected

2.2.1      PersonalData You Provide Us With: We receive and store any information you enter on our Platform or that you provide us with in any other way. The types ofPersonal Data collected may include your name, address, telephone number, mobile number, e-mail address, birthday, office location, residential address, facial recognition via a live selfie, professional and personal interests, company name, title department, biography and specialist topics, use information regarding your use of our Service and Platform, and browser information.

ThePersonal Data you provide is used for purposes such as allowing you to set upon Account, improving the content of the Service, generating Data products and services including pricing calculators, recommended listings, answering customer support or technical questions, customizing the advertising and content you see, and communicating with you about our new features. We may also draw upon this Personal Data in order to adapt the Services of our community to your needs, research the effectiveness of our network and Services, and develop new tools for the community.

2.2.2       InformationCollected Automatically: When you use the Service, QP automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law. QP only uses this Data in aggregate form. We may provide aggregate information to our partners about how our Users, collectively, use our site, so that our partners may also understand how often Users use their services and our Service.

2.2.3       If you fail to provide Personal Data: Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that Personal Data when requested, we may not be able to perform ourServices. In this case, we may have to cancel the Service which you have with us, provided that we will notify you if this is the case at the time.

3.   How is your Personal Data collected?

We use different methods to collect Data from and about you including through:

a.   From the information you provided to us by your company;

a.   When you communicate with us in writing, by telephone, fax, email or through the Platform or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;

b.  When you register an Account with ourPlatform;

c.   From publicly available sources, third parties and social media platforms, most commonly where we need to conduct background checks about you;

d.  Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:

i.   apply for our Services;

ii.  create an Account on our Platform;

iii.subscribe to our publications;

iv.enter a competition, promotion or survey; or

v.entering data for installing or using any QP powered application and/or installing;

vi.correspond with us (online or offline including via email addresses and phone numbers), if you contact us;

vii.post Content on our Platform; or

viii.give us feedback and review.

e.Automated technologies or interactions. As you interact with our Platform, we may automatically collect Technical Data about your equipment, browsing action sand patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

f.    Third parties or publicly availableTechnical Data sources. We may receive Technical Data about you from various third parties and public sources as set out above from the following parties:

i.       analytics providers such as Google;

ii.     advertising networks/agencies and

iii.    search information providers.

g.   Contact, Financial and Transaction Data from technical payment providers; and

h.  Identity and Contact Data from publicly available sources.


4.  Information Sharing

4.1  Information shared with everyone in the community: We may publicly share some of yourData such as your reviews on the Platform.

4.2  Information shared with third-party partners: If you use our Platform (creating anAccount through our Platform or otherwise), we may share your aggregated Data, reviews and any other Data as may reasonably be required by our third-party partners to improve our Services.

4.3 Partners:We enter into relationships with a variety of businesses and work closely with them. In certain situations, these businesses may sell items or provide promotions to you through QP’s Service.

4.4 BusinessTransfer: In the event that QP is involved in a merger, acquisition, reorganization, sale of assets or bankruptcy, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.


5.1  We will only use your Personal Data when the law allows us to.

5.2  Most commonly, we will use your Personal Data in the following circumstances:

a.   Where we need to perform our Service

b.  Where it is necessary for our LegitimateInterests (or those of a third party) and your interests, and fundamental rights do not override those interests.

c.   Where we need to comply with a legal or regulatory obligation.

5.3     Purposes for which we will use yourPersonal Data:

5.3.1   Performance of our Services

a.   We process your Personal Data because it is necessary for the performance of our Services. In this respect, we use yourPersonal Data for the following:

i.  To assist with the preparation of aConfirmation Order;

ii.   To answer any question you may have;

iii.  To deal with any complaints or feedback you may have;

iv.  To assist in determining your eligibility to order using the Platform as well as the spending limits apply to you (as further set out in QP’s Loan Agreement);

v.   To develop machine learning-based tools to better serve you;

vi.  To issue reports/analytics on a no-name basis for business and marketing purposes; and

vii.For any other purpose for which you provide us with your Personal Data.

b.  In this respect, we may share your PersonalData with or transfer it to the following:

i.Third parties whom we engage to assist in delivering the Services to you;

ii.Our professional advisers where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT or public relations advisers;

iii.Debt collection agencies where it is necessary to recover the money you owe us;

iv.Other third parties such as intermediaries who we introduce to you. We will wherever possible tell you who they are before we introduce you;

v.  Our data storage providers:

vi.Your agents, advisers, intermediaries, and custodians of your assets who you tell us about.

5.3.2   Legitimate interests

a.  We also process your Personal Data because it is necessary for our legitimate interests, or sometimes where it is necessary for the legitimate interests of another person. In this respect, we use your Personal Data for:

i.For the administration and management of our business, including recovering the money you may owe to us, and archiving or statistical analysis;

ii.   Seeking advice on our rights and obligations, such as where we require legal advice. In this respect, we will share your Personal Data with our advisers or agents where it is necessary for us to obtain their advice or assistance and with third parties and their advisers where those third parties are acquiring, or considering acquiring, allor part of our business.

5.3.3   Legal obligations

a.     We also process your Personal Data for ourcompliance with a legal obligation which we are under. In this respect, we willuse your Personal Data for the following:

i.To meet our compliance and regulatory obligations, such as compliance withanti-money laundering laws;

ii.As required by tax authorities or any competent court or legal authority. Inthis respect, we will share your Personal Data with the following:

1.Our advisers where it is necessary for us to obtain their advice or assistance;

2.Our auditors where it is necessary as part of their auditing functions;

3.With third parties who assist us in conducting background checks;

4.With relevant regulators or law enforcement agencies where we are required todo so.

5.3.4   Marketing

a.We may send you marketing about the Services we provide which may be ofinterest to you, as well as other information in the form of alerts, newslettersand invitations to the events or functions which we believe might be ofinterest to you or in order to update you with information (such as legal orcommercial news) which we believe may be relevant to you. We may communicatethis to you in a number of ways including by post, telephone, email or otherdigital channels.

b.You have the right to withdraw/unsubscribe your consent to marketingemails/newsletters at any time by contacting us.

5.3.5   Promotional offers from us

a.We may use your Identity Data, Contact Data, Technical Data, Usage Data andProfile Data to form a view of what we think you may want or need, or what maybe of interest to you. This is how we decide which Services, and offers may berelevant for you. You may receive marketing communications from us if you haverequested information from us or purchased services from us and, in each case,you have not opted out of receiving that marketing.

5.3.6   Third-party marketing

a.We will get your express opt-in consent before we share your Personal Data withany company outside QP for marketing purposes.

b.You can ask us or third parties to stop sending you marketing messages at anytime by logging into the Platform and checking or unchecking relevant boxes toadjust your marketing preferences by following the opt-out links on anymarketing message sent to you or by contacting us at any time atloan.support@qisstpay.com

5.3.7   Cookies

a.Our website uses web technologies such as cookies to distinguish you from otherusers of our site. This helps us to provide you with a good experience when youbrowse our website and also allows us to improve our site.

b.We use the following cookies:

i.Strictly necessary cookies. These are cookies that are required for theoperation of our Platform. They include, for example, cookies that enable youto log into secure areas of our Platform or make use of e-billing services.

ii.Analytical/performance cookies. They allow us to recognise and count the numberof Users and to see how Users move around our Platform when they are using it.This helps us to improve the way our Platform works, for example, by ensuringthat Users are finding what they are looking for easily.

iii.Functionality cookies. These are used to recognise you when you return to ourPlatform. This enables us to personalise our content for you, greet you by nameand remember your preferences (for example, your choice of language or region).

iv.Targeting cookies. These cookies record your visit to our Platform, the pagesyou have visited and the links you have followed. We will use this informationto make our Platform and the advertising displayed on it more relevant to yourinterests. We may also share this information with third parties for thispurpose.

c.You can set your browser to refuse all or some browser cookies or to alert youwhen our Platform sets or accesses cookies. If you disable or refuse cookies,please note that some parts of our Platform may become inaccessible or notfunction properly.

5.3.8   Change of purpose


6.1  We have put in place appropriate securitymeasures to prevent your Personal Data from being accidentally lost, used oraccessed in an unauthorized way, altered or disclosed. In addition, we limitaccess to your Personal Data to those employees, agents, contractors and otherthird parties who have a business need to know. They will only process yourPersonal Data on our instructions and they are subject to a duty ofconfidentiality.

7. Contact Us

Incase of any query regarding this Privacy Policy, please contact us atloan.support@qisstpay.com. Please describe your query in as much detail aspossible for better assistance.

8. Force Majeure

Notwithstandinganything mentioned herein in this Privacy Policy or elsewhere, we will not beheld responsible for any loss, damage or misuse of your information or otherdata, if such has been caused due to a Force Majeure event. A Force Majeureevent shall refer to any event that is beyond our reasonable control and shallinclude, without limitation, flood, earthquake, explosion, acts of God,pandemics, sabotage, fire, civil commotion, strikes or industrial action of anykind, war, acts or orders of government, changes in legislation, riots,insurrection, computer hacking, phishing attacks, un-authorised access tostorage devices or data, computer crashes, breach of security and encryptionetc.

9. Additional Information

Legal action

Your data may be used for legal purposes by us in Court or at any stage leading to a possible legal action which may arise in relation to our Platform or relatedServices.

System logs and maintenance

For operation and maintenance purposes, this Platform and our third-party partners may collect data, recording your interaction with our Platform (System logs, IP address etc.) for such purposes.

Information not contained in this policy

Any further details regarding the collection or processing of your data may be requested from us at any time. Please see our contact information regarding your queries.

10. Visiting Third-PartyPlatforms

OurPlatform may contain links or references to third-party websites. These websites are outside of our control, and the policies of these sites may differ from ours. Please be aware that our policies do not apply to such websites. We encourage you to check the terms of use, cookies policy and privacy policies of such sites before disclosing any personal information to their platforms. You can always know what Platform you are on by checking the Uniform ResourceLocator (URL) in the location bar within your browser.

11. Changes to this PrivacyPolicy

We reserve the right to make changes to this privacy policy at any time. It is strongly recommended that you check this page often, referring to the date of the last modification mentioned at the top of this page. We may notify you of such changes - as far as technically and legally feasible – by sending a notice to you via any contact information available to us. If any of these changes substantially modify the processing activities for which your consent was previously taken, we will take consent from you before such changes apply to you.

12. Violation of Privacy Policy

QisstPay reserves the right to initiate legal and disciplinary inquiries against any individuals infringing this Privacy Policy and causing the privacy breach of the Company and/or any other person. These actions may include but are not limited to, ceasing the infringing activity, rectifying any harm caused, initiating legal proceedings and implementing measures to prevent future breaches.

By accessing our Platform, you hereby confirm and consent to the use of your personal data and information by us in accordance with this privacy policy. Your continued access and/or us age of the Platform, Accounts, Services and/or Products is deemed as your approval for us to collect, process and store your data in accordance with the foregoing. Your failure to consent to the foregoing may disable us from providing you access to our Platform and/or opening, establishing, provide accounts, services and or products to you.