Last updated: October 28, 2020
Hamsa Pay, Inc. and its affiliates (collectively HamsaPay, we and us) value, respect and aim to protect your privacy. We offer services that enable Chinese sellers (Sellers) and their buyers (Buyers) to engage in cross border B2B ecommerce transactions, and to conduct online payment transactions.
HamsaPay obtains Personal Data about Sellers and Buyers from various sources to provide our Services and to manage the HamsaPay Site. To access the HamsaPay Site, a Seller or a Buyer, as the case may be, must be a user of one or more of our Services. If you are a Seller, HamsaPay will generally collect your Personal Data directly from you and may also collect Personal Data from other sources, including from our Financial Service Providers. If you are a Buyer, HamsaPay will also collect your Personal Data directly from you, and will collect your Personal Data directly from our Financial Service Providers. Your agreement with the relevant Financial Service Provider should explain how the Financial Service Provider shares your Personal Data with HamsaPay, and if you have questions about this sharing, then you should direct those questions to the Financial Service Provider.
2. Personal Data We Collect
A. Personal Data that we collect about you.
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Site and Services will be apparent from the context in which you provide the data. In particular:
‣When you register for a HamsaPay account, we collect your full name, email address, account log-in credentials and other information.
‣When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
‣When you respond to HamsaPay emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call HamsaPay. If you contact us by phone as a Seller or Buyer, we may collect additional information in order to verify your identity.
If you are a Seller, you will provide your contact details such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about Sellers and Seller representatives such as the Seller representatives’ date of birth and government identifiers associated with the Seller representative and the Seller (such as social security number, tax number, or Employer Identification Number).
If you are a Seller or a Buyer, when you make payments or conduct transactions through a HamsaPay Site or a Financial Service Provider Site or application or device, we will receive your transaction information. Depending on how the Seller or the Buyer uses the Services, we may receive this information directly from you, or from a Financial Service Provider or third party. The information we collect will include payment method information (such as your bank routing number and your Bank Account number for ACH transactions and other bank account information for funds transfers), purchase amount, date of purchase, and information in a payment-related invoice. Different payment methods may require the collection of different categories of information. The Seller or the Buyer and the Financial Service Provider will determine the payment methods that the Financial Service Provider enables you to use, and the payment method information that we collect will depend upon the payment method you choose to use from the list of available payment methods that are offered to you by the Financial Service Provider. When you engage in a transaction, we may also receive your name, email, billing or shipping address, and, in some cases, your transaction history to authenticate or verify the identity of the Seller, the Buyer or the representatives of the Sellers and Buyers, as the case may be.
When we or our Financial Service Providers conduct fraud, anti-money laundering (AML), combating the financing of terrorism (CFT), and other financial crime monitoring, prevention, detection, and information on our customers and their transactions and activities, we will receive Personal Data from you (and your device) and about you through our Service and from our business partners, Financial Service Providers, identity verification services, software, and publicly available sources (e.g., name, address, phone number, country) as necessary to confirm your identity and prevent financial crimes, including, but not limited to, fraud, AML and CFT. Our monitoring, detection and prevention services may collect Personal Data about you and use technology and other sources to help us assess the risks associated with an attempted transaction by you with HamsaPay or one of our Financial Service Providers.
You may also choose to submit information to us through other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.
B. Information that we collect automatically on our Site or on our Financial Service Providers Sites.
Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Site.
We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on the HamsaPay Site to help us analyze your use of the HamsaPay Site and diagnose technical issues.
3. How We Use Personal Data
A. Our products and services.
We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with Sellers and their Buyers, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to facilitate the payment of cross border B2B ecommerce transactions between Sellers and their Buyers.
B. Marketing and events-related communications.
We may send you email marketing communications about HamsaPay products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. For example, when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you in our marketing information campaigns.
We do not use, share, rent or sell the Personal Data of Sellers and their Buyers for interest-based advertising. We do not sell or rent the Personal Data of the HamsaPay Site visitors.
4. How We Disclose Personal Data.
HamsaPay does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.
A. HamsaPay. We share Personal Data with other HamsaPay entities in order to provide our Services and for internal administration and compliance purposes.
B. Financial Service Providers and Other Service Providers. We share Personal Data with our Financial Service Providers and other service providers. We have Financial Service Providers and other service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are primarily located in Australia, Singapore, China, the European Union, the United Kingdom and the United States.
C. Business partners. We share Personal Data with third party business partners when necessary to provide our Services to Sellers and their Buyers. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as NACHA and banks) when Financial Service Providers engage in funds transfers and payment processing services. We also share Personal Data with service provider firms that we partner with to deliver our Services such as NIUM Pte. Ltd. and TrueLayer Limited.
E. Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of HamsaPay, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
5. Your Rights and Choices.
You have choices regarding our use and disclosure of your Personal Data:
A. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out through the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
B. How you can see or change your account Personal Data. If you would like to review, correct, or update Personal Data that you have previously disclosed to us, you may do so by signing in to your HamsaPay account or by contacting us.
C. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
The right to request confirmation of whether HamsaPay processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
The right to request that HamsaPay rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
The right to request that HamsaPay erase your Personal Data in certain circumstances provided by law;
The right to request that HamsaPay restrict the use of your Personal Data in certain circumstances such as while HamsaPay considers another request that you have submitted (including a request that HamsaPay make an update to your Personal Data); and
The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
D. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact HamsaPay as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you sent the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Site, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
6. Security and Retention.
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
We retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services directly or indirectly to you, even if you close your HamsaPay account or complete a transaction with a HamsaPay Financial Service Provider, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of monitoring, detection and prevention of financial crimes such as fraud, money laundering and terrorist financing. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our Financial Service Providers or financial partners, and where data retention is mandated by the payment methods we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
7. International Data Transfers.
If you are located in the European Economic Area (EEA), the UK or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of your Personal Data to the US and other countries Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use one or more of service providers to help us do so.
8. Use by Minors.
The Services are not directed to individuals under the age of eighteen (18) or otherwise under the age of consent, and we request that they not provide Personal Data through the Services. Our Service is not directed to natural persons. Rather our Service is directed towards business entities.
10. Links to Other Websites.
The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
11. Jurisdiction-specific Provisions.
Residents of the EEA, the UK and Switzerland. To exercise your rights, you may contact the HamsaPay Chief Privacy Officer at firstname.lastname@example.org.
If you are a resident of the EEA and believe we process your information in scope of the General Data Protection Regulation (GDPR), you may direct your questions or complaints to the Office of the Data Protection Commissioner. If you are a resident of the UK and the UK is no longer a Member State of the EU, you may direct your questions or concerns to the UK Information Commissioner’s Office.
United States - California residents. This section provides additional details about the personal information we collect about California consumers as well as the rights of California consumers under the California Consumer Privacy Act (CCPA).
B. Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
Exercising the right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
the categories and specific pieces of personal information we have collected about you;
the categories of sources from which we collected the personal information;
the business or commercial purpose for which we collected the personal information;
the categories of third parties with whom we shared the personal information; and
the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place. As described in Advertising, we do not use, share, rent or sell the Personal Data of Sellers or their Buyers for interest-based advertising. We do not sell or rent the Personal Data of our Site visitors.
Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
To submit a request to exercise any of the rights described above, you may contact HamsaPay at email@example.com. We may need to verify your identity before responding to your request, such as verifying that the email address from which you sent the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required. If you are a Customer of a HamsaPay Financial Service Provider, please direct your requests directly to the HamsaPay Financial Service Provider with whom you shared your personal information.
12. Contact Us
P.O. Box 127
Walnut Creek, CA 94597 USA
Attention: Chief Privacy Officer