Privacy Policy

Last Revised September 2024

This Privacy Policy for TRUpay, Inc. (“Company”, “we”, “us” “our”) describes how we collect, use and disclose information in connection with the Company’s website, www.mytrupay.com, or any other website owned and operated by us (“Website”), our  platform  (“Platform”), and related applications, services, tools and features (collectively, the “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as either: a prospective or existing customer or authorized user of the Services pursuant to a Platform Access Agreement (a “Customer”), or an individual who otherwise visits or interacts with our Platform, Website, e-mail, or advertising under our control (a “Visitor”). If you use the Services on behalf of a company or other entity, then “you” includes you and that entity.

This Privacy Policy does not apply to “content” that is processed, stored or hosted by a Customer using the Services (“User Content”). In those circumstances  TRUpay is processing User Content on behalf of a Customer, and (a) such Customer is responsible for the collection and use of such User Content; and (b) such Customer’s privacy notice will apply to the collection and use of such User Content.  TO LEARN MORE ABOUT HOW USER CONTENT IS HANDLED BY CUSTOMERS, PLEASE REVIEW THE PRIVACY POLICY OF THE RESPECTIVE CUSTOMER OR THE APPLICABLE THIRD PARTY (E.G., THE COMPANY WITH WHOM YOU HAVE A RELATIONSHIP) TO UNDERSTAND THEIR PRIVACY PRACTICES AND HOW TO DIRECT ANY QUERIES TO THEM.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  If you do not want information about you used as described in this Privacy Policy, please do not access or use the Services.

1. UPDATING THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy, and will notify you and take other steps as required by applicable law. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy. IF YOU DO NOT AGREE TO ANY UPDATES TO THIS PRIVACY POLICY PLEASE DO NOT ACCESS OR CONTINUE TO USE THE SERVICES.

2. THE INFORMATION WE COLLECT

In order to provide you with the Services, we may ask you to provide us with certain details or information. We may also receive certain information from third parties in order to enable you to use our Services.

Information We Collect Directly From You

Information that you submit through the Services or that we otherwise collect may include:

• First name, last name, job title, email address, username, profile picture.
• Public digital wallet addresses
• Any information you choose to include in communications with us or other authorized users of our Services, for example, when sending us a message, or submitting information through a webform; and
• Any other information you provide in relation to the Services.

Our Services may require you to enter certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing some or all of the Services.

Information We Collect from Third Parties

We may obtain information about you from the following third party sources:

• Development platforms, email service providers (e.g., Gmail, Microsoft), payment gateways, social media platforms, and other third parties that enable single-sign on, when you choose to link any such third party platforms to your accounts on their services; and
• Social media and social networking platforms, for example, Instagram and Twitter when you click a link to access the Services.

Any information we receive from outside sources will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. See Section 9 below for more information.

Information We Collect Automatically

We may also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, web beacons/clear gifs, and other tracking technologies (“Tracking Technologies”). Usage Data may include:

• Device type, such as your phone, computer, or tablet;
• IP address;
• Browser type;
• Date and time stamps, such as the date and time you access the Services;
• Operating system;
• Log data;
• HTML5 local storage;
• Number of visits;
• Language of device;
• Geolocation; and
• Other information regarding your interaction with the Services, such as clickstream data and ad impressions.

We use Usage Data to:

• Run analytics and better understand your interaction with the Services;
• Personalize, improve and provide the Services; and
• Secure our networks and information.

3. HOW DO WE USE YOUR INFORMATION

We process your personal information in order to:

• Provide you with our Services, other content, and Website functionality;
• Personalize the Services for you or customize content that you or our service providers display on the Services;
• Provide customer service and support;
• Register and maintain your account with us;
• Communicate with you about the Services, including announcements in relation to security, privacy, or administration including confirmations, invoices, technical notices, updates, training and support, and administrative messages, marketing and promoting products (including signing you up for our newsletter and alerts), events, and other news and information that we think will be of interest to you;
• Maintain the safety, and security of our users, the Website, our Services, and business;
• Improve and develop our products and Services;
• Combat fraud, spam, malware, or other network and/or information security risks;
• Detect bugs, report errors and perform activities to maintain the quality or safety of our services;
• Conduct research and development;
• Respond to requests for information, comments, or questions;
• Link or combine your information with personal information from third parties to better understand your needs, provide you with better service, and prevent fraud;
• Maintain legal and regulatory compliance with any applicable obligations;
• Enforce any applicable Platform Access Agreement;
• Protect or defend the Services, our rights, the rights of Customers or authorized end users or others;
• Create aggregated statistical data, inferred non-personal information, anonymized or pseudonymised data, and analyze any such data; and
• Other purposes for which we obtain your consent to use your personal information.

4. HOW THE COMPANY SHARES YOUR INFORMATION

In certain circumstances, the Company may share your information with third parties. Such circumstances may include:

• Third-party service providers: companies that perform services on our behalf, such as hosting, storage, analytics, database managements, user engagement and security;
• Marketing partners who are authorized by us to email or text you for marketing purposes;
• With our affiliates or otherwise within our corporate group;
• To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries;
• In connection with an asset sale, merger, bankruptcy, or other business transaction;
• To enforce any applicable Platform Access Agreement;
• With your permission, when you request for us to share your information with third parties;
• To ensure the safety and security of the Company and/or its users; and
• With professional advisors, such as auditors, law firms, or accounting firms.

5. COOKIES, OTHER TRACKING TECHNOLOGIES, AND ADVERTISING

Do Not Track Signals

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our Services are not specifically designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

Cookies and Other Tracking Technologies

You may control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including general functionality, to work incorrectly. Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Services without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule.  For example, in the Internet Explorer menu bar, select: Tools 🡪Internet Options🡪Browsing History🡪Delete to view manual and automatic options.

We use Google Analytics to collect and analyze information about use of the Services and to help us understand activities and trends. To opt out of tracking by Google Analytics, by installing a Google Analytics opt-out browser add-on available for download here: https://tools.google.com/dlpage/gaoptout.

6. EEA USERS AND WEBSITE VISITORS

• Controller Status. If you are a Customer or Visitor based in the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”), TRUpay is the data controller of your personal information unless the data is collected in circumstances where a Customer is collecting such information, for example, and such Customer controls that information. In such circumstances, we will endeavor to make this clear to you in a context-specific notification at the point we collect your personal information.
• Legal Basis. Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information only where we have your consent to do so, where we need the personal information to perform a contract with you or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time. For more information on our legal basis for processing data, please contact us using the details provided in the How to Contact Us section of this Policy.

Transfers. As we are a United States-based company with headquarters in the US, the personal information that we collect from you will be transferred to, and stored at/processed in countries outside the EEA and the UK, including to the US. These transfers are necessary to perform our contract with you in relation to the provision of the Services. Personal information about you is also processed by staff operating outside the EEA and the UK who work for us or one of our third-party service providers or partners. We will take all steps reasonably necessary to ensure that personal information about you is treated securely and in accordance with this Privacy Policy, including implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between us and our business affiliates and associates to whom we transfer the information, which require these companies to protect personal information they process from the EEA or Switzerland in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided on request. We implement similar appropriate safeguards with our third-party service providers and further details can be provided upon request.

Your Rights. If you are located in the EEA or the UK, you have certain rights in relation to personal information about you:

• Access: You have the right to access personal information we hold about you, how we use it, and who we share it with.
• Portability: You have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
• Correction: You have the right to correct any of your personal information we hold that is inaccurate.
• Erasure: In certain circumstances, you have the right to delete the personal information we hold about you.
• Restriction of processing to storage only: You have the right to require us to stop processing the personal information we hold about you, other than for storage purposes, in certain circumstances.
• Objection: You have the right to object to our processing of personal information about you.
• Objection to marketing: You can object to marketing at any time by opting-out using the unsubscribe/ opt-out function displayed in our communications to you.
• Withdrawal of consent: Where we rely on consent to process personal information about you, you have the right to withdraw this consent at any time by contacting us.

Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests or where we are required by law to retain personal information about you.

If you would like to exercise your rights discussed in this section, please contact us at the information below. Where we act as a data processor, please contact the relevant controller (e.g. the Customer you created an account with).

If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the EEA country in which you live or work or where you think we have infringed data protection laws, or with the UK Information Commissioner’s Office, as applicable to you.

Your Rights in Respect of Customer Content. If personal information pertaining to you as an individual has been submitted to the Services by or on behalf of a Customer and you wish to exercise any data protection rights you may have in respect of that data under applicable law, including (as applicable) the right to access, port, correct, amend or delete such data, please inquire with the relevant Customer directly. We have a limited ability to access Customer Content. However, if you wish to make your request directly to us, please provide the name of the Customer who submitted your data to our Services. We will refer your request to that Customer and will support them as needed in responding to your request within a reasonable timeframe.

7. CALIFORNIA DATA PRIVACY

Your Rights. Where applicable, if you are a California resident you may have the following rights under CCPA in relation to “personal information” we have collected about you as defined in the CCPA; these rights are subject to verification and any applicable exceptions:

• Right to Knowledge/Access: You have the right to request that we disclose certain information to you about our collection and use of certain personal information about you as described below:
• The specific pieces of personal information collected;
• The categories of personal information collected;
• The categories of sources from whom the personal information is collected;
• The purpose for collecting the personal information; and
• The categories of third parties with whom we have shared the personal information.
• Right to Deletion: You have the right to request that we delete the personal information.
• Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of the rights above.

We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth, before providing a substantive response to the request. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

8. RETENTION

We will retain your personal data as follows:

• your account data for as long as you keep your account open or as needed to provide you with our Services;
• if you contact us, we will keep your data for six (6) months after you contact us; and
• your Usage Data of our Website and our Services is retained for twelve (12) months.

We will also retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies. If you stop using our Services or if you delete your account with us, we will store your information in an aggregated and anonymized format; we may use this information indefinitely without further notice to you.

9. THIRD PARTY WEBSITES AND LINKS

Our Services may contain links to other online platforms operated by third parties, including the services and websites of our Customers. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

10. DATA SECURITY

We encrypt Customer Content sent to us and stored with us at rest and in transit. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us through any means is transmitted at your own risk.

11. HOW TO CONTACT US

Our contact information if you would like to reach out to ask questions regarding information about you that we collect or other questions about this Privacy Policy by emailing us at info@mytrupay.com.