This privacy policy (“Policy”) applies to the website and mobile application (hereinafter referred to as, the "Sites") provided by Near P Technologies limited with trading name as Nearpays (hereinafter referred to as “Nearpays”, “we”, “us”, “our”), and other products/services of Nearpays. This Policy indicates our data protection practices on our Sites, products, and services, including the type of personal data that we collect, our method of collection of personal data, our use of personal data and procedures for sharing such personal data with third parties.

Nearpays understands the value of your data and the importance of your information security. We respect the trust you repose in us in providing us with your data and we are completely committed to preserving, protecting, and safeguarding your information that you share with us in line with global industry best practices.

We are committed to protecting your personal data (i.e., any information you provide to us through which you can be identified) in accordance with the provisions of the Nigeria Data Protection Act 2023.

This privacy policy applies to information collected on our website, software application, payment platforms or and affiliated companies which collectively refer to as our services.

By visiting the Sites (including all websites and mobile applications which may be added or removed from time to time) you agree to the terms and conditions of this Privacy Policy. If you do not want your personal data processed in accordance with this Policy, please do not use or access the Sites or the Services.

We reserve the right, at our sole discretion, to alter and update this Policy from time to time.

Definitions

Personal information: refers here to any data that can identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. Depending on your medium of interaction with us (online, offline, mobile phone, etc.)

Cookies: refers to a small data file that is transferred to your computer or mobile device. It enables us to remember your information such as IP addresses, web traffic, number of times you visit, browser type and version, device details, date, and time of visits.

User: means an individual who uses all Nearpays services or accesses our sites and has agreed to use our end services.

Site: means any platform including but not limited to websites, social media platforms and mobile applications deployed by Nearpay to render its services.

What type of information do we have?

If you are just browsing our website, we collect the same basic information as most websites collect. We use cookies and other common internet technologies that collect information on your browser type, details of your visits such as how long you have visited the website, the pages you have visited, and resources assessed.

We may ask you to provide some personal information when you make an enquiry or request a quote through this website. The required personal information may include your name, email address, telephone number, and information regarding your personal or professional interests relevant to our products or services.

Consent

By using the Sites, Services and by providing your personal data, you consent to the collection and use of the information you disclose to us in accordance with this Policy, including but not limited to your consent for sharing your personal data in line with the terms contained in this Policy. If we decide to change this Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Why we collect Data.

On our sites, we collect data to be able to communicate with you; provide further information on our products and services; respond to questions or requests which you submit; process requests or applications which you make; and anticipate and resolve problems with any services we offer to you. Please note that information which you submit through the contact form on our sites may be sent to members of our team who need access to that information in order to respond to you.

We use information collected through cookies to remember you on our sites and provide you with a better experience on our sites, such as pre-populating fields with your preferences; to understand user behaviour; and to report statistical information about browsing activities.

If you interact with us on any of our social media pages, we may use information publicly available on your social media page to contact you in respect of our products or services.

Eligibility

The Sites and Services are intended solely for persons who, if they are natural persons, are eighteen (18) years of age or older or where less has a guardian, and registered corporate bodies and small-scale businesses. Any registration by, use of or access to the Sites and Services by any natural person under eighteen (18) is unauthorised, unlicensed and in violation of this Policy.

Data we collect from you.

For the purpose of accessing our sites and services, the personal data we may collect include: your full legal names, marital status, title, date of birth, gender, business name, email address, mailing address, telephone number, bank account number, payment card details, bank verification number, national identification number, international passport number, means of identification, guarantors contact details, bank statements, usernames, password, your preferences, interests, feedback and survey responses, preference in receiving marketing information from us and our third parties and your communication preferences, etc.

Our primary goal in collecting the above stated personal data is to provide you with a safe, efficient, smooth, and customised experience. This allows us to provide Services and features that most likely meet your needs, and to customise the Sites to make your experience safer and easier.

How we collect and use your personal information

We collect your data when you provide such personal information on our sites or on any of our social media pages.

We collect data about your use of our sites and services through our analytics tracking system and cookies in order to carry out our legitimate interests in monitoring and improving our website and services.

We may also receive your personal data from third parties to whom you have legally provided such data to, and we may use such data in accordance with our policies. To the extent that such data is disclosed by third parties, whether our clients, service providers, advertisers or other sites throughout the Internet, different rules may apply to their use or disclosure of your information. We do not control how they use or share your data and we cannot make any representations or warranties as to these.

We have exclusive ownership of the information collected on this website. We however only have this right over data that you have voluntarily shared to us directly or through your usage of our sites. We do not own personal data provided and will only store such data for a period reasonably needed and we will do our best to ensure that such personal data is secured against all foreseeable hazards and breaches such as theft, cyber-attack, viral attack, unauthorised dissemination, manipulation of any kind, damage by rain, fire or exposure to other natural elements.

With your consent, we use your information to fulfil requests to receive information or materials from us, to carry out services for your benefit and to process applications and requests from you.

We do not use your data for any other purpose than for the purposes listed out in this policy and we do not sell, lend or rent any personal data about you to any third** parties outside what is disclosed in this Policy, and our terms and conditions of use. We may share generic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers.

Providing us with information about others

If you provide us with personal data about someone else, you are responsible for ensuring that you have provided the required notices and have obtained the individual’s explicit consent to provide us with the personal data and that you explain to them how we collect, use, disclose and retain their personal data or direct them to read our Policy.

How you can control your Data

Besides being able to limit the data you directly provide to us (although this might limit our ability to provide you with information on our services or respond to your enquiries), you also have the option of exercising any of the following rights with respect to your data:

1. Request information about any of your personal data which we are processing, and request access to your personal information which we possess.
2. Request correction of personal information that we hold about you to make them more accurate or to reflect change in circumstances which the personal information we possess does not reflect.
3. Request us to refrain from doing particular things with your data or restrict the extent of our collection or processing of your data.
4. Request partial or complete erasure of your personal information.
5. Object to our processing of your personal information where we are processing your personal information for direct marketing purposes.
6. To be informed about the use of automated decision-making on the site and any effect such processing may have on you.
7. Request the transfer of your personal information to another party.

If you would like to exercise any of the above stated rights, please put your request in writing and send it to us through your usual registered channel (e.g. by registered email) and specify the right you wish to exercise.

For more information or to exercise your data protection rights please, please contact our Data Protection Officer at nnenna@nearpays.com. We will endeavour to process all subject access requests within thirty (30) days and if any further extension is required, we will communicate same through existing consented channels – at no cost. However, please note that you may continue to receive existing communications for a transitional period whilst we update your preferences.

HOW WE USE YOUR DATA

The purpose of collecting your data is to give you an efficient, enjoyable, secure and seamless customer experience.

We may use your personal data for the following purposes:

• To provide the requested Services and support to you;
• To process transactions and send notices about your transactions to requisite parties;
• To verify your identity;
• To resolve disputes and troubleshoot problems;
• To manage risk, detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
• To detect, prevent or remediate violations of policies or applicable user agreements;
• To improve our services by implementing aggregate customer preferences;
• To manage and protect our information technology infrastructure;
• To contact you at any time through your provided telephone number, email address or other contact details;
• To notify you about activities on your account, troubleshoot problems with your account and collect fees or monies owed;
• To monitor traffic patterns and usage of the Sites to help to improve the Sites design and layout;
• To record and store communications made via phone,social media or the website chat function;
• To personalise your experience on our Sites or communications/advertising;
• To provide customer service, including to respond to your enquiries and fulfill any of your requests for information;
• To send you important information regarding the services and/or other technical notices, updates, security alerts, support and administrative messages;
• To poll your opinions through surveys or questionnaires; and
• To comply with applicable laws and regulations in force;

Please note that we may monitor and record our communications with you, including e-mails and phone conversations for training, quality assurance purposes, and to meet our legal and regulatory obligations in general.

Fraudulent Activities

We may process your personal data on the basis that we have a legitimate interest to prevent fraud and money laundering, and to verify your identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the. services you have requested.

We may carry out fraud prevention checks using a fraud prevention database. If false or inaccurate information is provided, and/or fraud is identified, details will be passed to the Central Bank of Nigeria and the Economic and Financial Crimes Commission. Additionally, law enforcement agencies may access and use this information.

Do we share your Data?

We do not disclose or share personal data provided to us on this website, unless it is absolutely necessary. We may be forced to disclose information to the government, regulatory bodies, law enforcement agencies, and third parties for the performance of a task carried out in the interest of the public, for the protection of your vital interest, for the performance of a contract which you are a party to and also where you have expressly given us written consent to disclose same.

We may need to pass your information to third party service providers which maintain, administer or develop the Sites on our behalf and the information will only be provided for such limited purposes. Additionally, we may provide aggregate statistics about our customers, sales, traffic patterns and related website information to reputable third-parties, but these statistics will include no personally identifiable information.

We may transfer your personal data to third parties of the following types:

• companies providing identity or financial validation services;
• financial product providers;
• payment services companies acting on your, or our behalf;
• banks;
• companies providing analytics services;
• data, service and software providers;
• companies collecting and publishing customer reviews;
• marketing services companies; and
• Regulatory and law enforcement bodies.

How we manage, store, protect, retain or delete your information?

We have well-maintained systems for storing and managing your data, and we commit to conscientiously utilising your data in consonance with the provisions of this policy.

We have suitable security measures in place to prevent your personal data from being accidentally lost or used or accessed in an unauthorised way by a third party. We however admit that no website, or database is completely secure or “hacker proof” and we only guarantee the safety of your data to the extent of our undertaking all reasonable measures to protect the data.

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements after which we will promptly delete your data from all of our databases.

Cookies

We use data collection devices such as ‘cookies’ on certain pages of the Sites. Cookies are small files stored on your hard drive that assist us in providing Services customised to your requirements and tastes. We also offer certain features that are only available through the use of a ‘cookie’. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used whether you choose to register with Us or not.

We also use cookies to allow you to enter your password less frequently during a session. Most cookies are ‘session cookies’, meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Sites and you may be required to re-enter your password more frequently during a session. A cookie cannot read data off your hard disk or read cookie files created by other sites. Use of a cookie is in no way linked to any personally identifiable information while on the Sites. Once you close your browser, the cookie simply terminates. For instance, by setting a cookie on your browser, you would not have to log in a password more than once, thereby saving time while on the Sites.

You can choose whether to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies or allow your browser to show you when a cookie is being sent. If you reject the cookies on the Sites, you may still be able to use the Sites, but it shall be limited to certain minimal functionality. The only drawback to this is that you may be limited to some areas of Sites or limited to certain functions of the Sites.

Disclaimer

We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage. We will do our best to protect your personal data, but we cannot guarantee the security of your personal data which is transmitted to other websites via an internet or similar connection. If we have given you (or you have chosen) a password to access certain areas of the Sites please keep this password safe, we will not share this password with anyone.

As a user of the Services, you understand and agree that you assume all responsibility and risk attached to safeguarding your account with us. You shall at no time whatsoever disclose your password to anyone, nor shall you allow anyone make use of your account.

Amendments/ Modification

We may need to update, modify or amend our Privacy Policy as our technology evolves and as required by law. If we materially change the ways in which we use or share personal data previously collected from you through our Services, we will provide notice or obtain consent regarding such changes as may be required by law. The Privacy Policy will apply from the effective date provided on our website.

Our Contact Information

We have appointed a Data Protection Officer (DPO) who is responsible for dealing with all such concerns, in addition to overseeing questions relating to this Policy and handling requests in relation to the exercise of your rights. If you have any concerns or questions, please contact the Data Protection Officer using the details set out in the Site.