This data privacy, protection and cookie policy (“Privacy Policy”) describes your privacy rights regarding BAYAFRIQ LTD (“Klustar”, “we”, “us” or “our”) collection, use, storage, sharing and protection of your personal information. It applies to our website and all related sites, applications, services and tools regardless of how you access or use them. This Privacy policy describes your privacy rights regarding our collection, processing, use, storage, sharing and protection of your personal data. It applies to our website and all database, applications, services, platforms, tools and physical contact with us, regardless of where, how you access or use them. To use our website or any of our products or services, your consent is required for the use of your data as described in this Privacy Policy.
ABOUT US
Klustar is an online payment aggregator which facilitates online payment among individuals or companies willing to make or receive payments as the case may be (the “Service”), with the simple idea of making the flow of money and value into, within and from Africa seamless, efficient and cheap. We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
SCOPE AND CONSENT
By signing up for the use of any of our services or accessing any of our platform, its content, features, technologies, functions, you hereby consent to this Privacy Policy. You reserve the right to exercise your data protection rights as listed under the Nigeria Data Protect Act. This Privacy Policy governs the use of Klustar’s Services by registered and non- registered users, unless otherwise agreed through written contract.
COLLECTION OF PERSONAL INFORMATION
We collect Personally Identifiable Information (PII), otherwise known as Personal Information or Personal Data. They include Name, email address, phone number, contact address, limited financial information, location data, device data, etc.
HOW IS YOUR PERSONAL DATA COLLECTED
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your personal data by filling in forms/questionnaire or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide, or we collect when you:
- subscribe for our products or services;
- receive, use or enjoy our service (directly or indirectly);
- use your computer, mobile phone or other electronic access device on our platforms;
- create an account on our platforms;
- subscribe to our service, products or publications;
- request or accept marketing or promotions to be sent to you. This automatically applies for existing subscribers or customers;
- enter a competition, promotion or survey; or
give us feedback or contact us. - Automated technologies or interactions. As you interact with our platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive personal data about you if you visit other websites or use our platform or employing our cookies. Please see below for further details.
Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources, including those as set out below:
- analytics providers.
- advertising networks.
- Data, analytics, aggregation, or marketing companies.
- Open data source.
- Other third party or government sources.
- search information providers.
- providers of services, goods, utilities or products, including technical, or payment.
- data brokers or aggregators.
- publicly available sources.
HOW WE USE PERSONAL INFORMATION
We use the Personal Data we collect to:
- Provide you with the required services in addition to related products and services of interest
- Respond to your questions or requests
- Improve features and 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 Klustar (only with your explicit consent)
- Verify your identity and the information you provide in line with Klustar’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 Klustar’s services to you
PROTECTION AND STORAGE OF PERSONAL INFORMATION
We store and process your personal information on our computers in our premises, and anywhere else where our facilities are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. We have also taken additional measures by ensuring our system complies with industry information security standards.
MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing, sales, promotions and or advertising.
Promotional offers from/through us
We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from/through us if you have requested information from/through us or purchased, received/used our goods or services from /through us and you have not opted out of receiving that marketing.
Opting out; You can ask us to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, service provision, product/service experience or other transactions.
SHARING OF PERSONAL DATA
We may disclose or share your Personal Information with third parties which include our affiliates, employees, officers, service providers, agents, suppliers, subcontractors as may be reasonably necessary for the purposes set out in this policy.
Klustar only shares personal information with External Third parties in the following limited circumstances:
We have your consent. We require opt-in consent for the sharing of any personal information; We share Personal Information with third parties directly authorized by you to receive Personal Information, such as when you authorize a third party application provider to access your account. The use of your Personal Information by an authorized third party is subject to the third party's privacy policy and Klustar shall bear no liability for any breach which may arise from such authorization by you.
We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
satisfy any applicable law, regulation, legal process or enforceable governmental request,
enforce applicable Terms of Service, including investigation of potential violations thereof
detect, prevent, or otherwise address fraud, security or technical issues, or protect against imminent harm to the rights, property or safety of Klustar, its users or the public as required or permitted by law
If Klustar becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and become subject to a different privacy policy.
RETENTION OF DATA
We will retain your information for as long as your account is active or as needed to provide our services to you, comply with our legal and statutory obligations or verify your information with a financial institution.
Klustar is statutorily obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and card processors.
Therefore, even after closing your Klustar account, we will retain certain Personal Information and transaction data to comply with these obligations. All Personal Information shall be destroyed by Klustar where possible. For all Personal Data and records obtained, used and stored by Klustar, we shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity and requirement to retain.
The length of storage of Personal Information shall, amongst other things, be determined by:
the contract terms agreed between Klustar and the Data Subject or as long as it is needed for the purpose for which it was obtained; or
whether the transaction or relationship has statutory implication or a required retention period; or
whether there is an express request for deletion of Personal Data by the Data Subject, provided that such request will only be treated where the Data Subject is not under any investigation which may require Klustar to retain such Personal Data or there is no subsisting contractual arrangement with the Data Subject that would require the processing of the Personal Data; or
whether Klustar has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
TRANSFER OF DATA
Your information, including Personal Data, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of your state, province, Country or other governmental jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
International Data Transfers: Your Personal Data may be transferred to countries which may not have the same data protection laws as the country you initially provided your Personal data, but whenever we transfer or transmit your Personal data internationally, we will ensure or take reasonable steps to ensure your Personal Information is handled securely in line with the applicable data protection laws and standard contractual clauses. You have a right (upon your request) to be informed of the appropriate safeguards for data protection in the foreign country.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy; and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Data.
RIGHTS
At Klustar we respect the rights of our customers and users, and we allow you to exercise them under the applicable data protection laws and regulations.
Individuals who have Personal Information held by Klustar are entitled to reach out to Klustar to exercise the following rights:
You have the right to ask us whether we hold any Personal Data relating to you and, if we do, to be provided with a copy of that Personal Data in electronic form.
You have the right to ask us to correct your Personal Data if it is inaccurate, or update outdated or incomplete Personal Data without undue delay.
You have the right to ask us to erase your Personal Data
You have the right to object at any time to the processing of your Personal Data provided we do not have any other lawful basis to process it.
You have the right to ask us to restrict the processing of your Personal Data
You can exercise you right to portability by requesting us to provide your to a third party.
You have the right to object to any decision concerning you or which otherwise significantly affects you if this is based solely on the automated processing of your Personal Data without human intervention.
You have the right to be informed regarding the use of your personal information.
You have the right to communicate to us to stop processing your personal data with or without reasons and we are duty-bound to stop such processing except other lawful bases exist for us to continue the processing activities.
In the unlikely event of an infringement on any of your rights, you are at liberty to lodge complaint to the Nigeria Data Protection Commission (NDPC) or any other regulatory agency for redress.
COOKIES
We use cookies to identify you as a User 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 allow our servers to remember IP addresses, date and time of visits, monitor web traffic and prevent fraudulent activities.
Our cookies never store personal or sensitive information; they simply hold a unique random reference to you so that once you visit the site we can recognize who you are and provide certain content to you.
If your browser or browser add-on permits, you have the choice to disable cookies on our website, however this may impact your experience using our website.
CHILDREN’S PRIVACY
Our services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us at support@klustar.io
If we become aware that we have collected Personal Data from any Children without verification of parental consent, we take steps to remove that information from our database.
REMEDIES
Where we notice personal data breach or where you report any personal data breach to us, we will as soon as possible investigate same and notify you of the security or correctional measures to be taken including without limitation to reporting same to relevant government authorities.
CHANGES TO OUR PRIVACY POLICY
Subject to applicable law, we may change, amend or review this Privacy Policy at any time to reflect new services or changes in our Policy. All changes made will be posted on this page and we will notify you of this change by placing a notice online or via mail. If you keep using our Services, you consent to all amendments of this Privacy Policy.
CONTACT US
If you have any questions, comments, or concerns with respect to your Personal Information or this Privacy Policy, you may contact us by: reaching out to the customer service support available on the website. Sending an email to support@klustar.io