Version 1.0, 24th February 2021
Nomod Inc. and its subsidiaries and affiliates (collectively "Nomod", "we" and "us") are committed to respecting your privacy. We offer services that enable and facilitate merchants to manage businesses, conduct transactions and safely accept payments.
Nomod Inc. is incorporated in the British Virgin Islands under company number 2015545 and with its registered address at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG 1110, British Virgin Islands.
Nomod obtains Personal Data about you from various sources to provide our Services and to manage our Sites. "You" may be a visitor to one of our Sites, a user of one or more of our Services ("User" or "Nomod User"), or a customer of a User ("Customer").
👨🏻💻 1. Information 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 Sites and Services will be apparent from the context in which you provide the data. In particular:
- When you register for a Nomod account we collect your full name, email address, and account log-in credentials.
- When you contact our team via our online link, we collect your name, email address, and anything else you tell us about your business, transactions and needs in the body of your email or responses.
- When you respond to Nomod emails or surveys we collect your name, email address, 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 Nomod. If you contact us by phone as a Nomod User, we may collect additional information in order to verify your identity.
- If you are a Nomod User, 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 you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).
- If you are a Customer of a Nomod User, when you make payments or conduct transactions with a Nomod User through our Services, we will receive your transaction information. The information that we collect will include payment method information (such as credit or debit card number, CVC code and expiration date, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The Nomod User will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the Nomod User. When you make a transaction, we may also receive your full name, email address, phone number, billing or shipping address and in some cases your transaction history to authenticate you.
- When we conduct fraud monitoring, prevention, detection, and financial compliance activities or provide such services to our Users, 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, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may collect Personal Data about you and use technology to help us assess the risk associated with an attempted transaction by you with a Nomod User.
You may also choose to submit information to us via 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 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 Sites.
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 our Sites to help us analyze Your use of our Sites and diagnose technical issues.
💫 2. How we use the Information we Collect
a. Our 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 our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users.
i. Contractual and pre-contractual business relationships
We use Personal Data for the purpose of entering into business relationships with prospective Nomod Users, and to perform the contractual obligations under the contracts that we have with Nomod Users. Activities that we conduct in this context include, but are not limited to:
- Creation and management of Nomod accounts and Nomod account credentials
- Accounting, auditing, and billing activities; and
- Processing of payments, communications regarding such payments, and related customer service
ii. Legal and regulatory compliance
We use Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as AML (Anti-Money Laundering) and KYC (Know-Your-Customer) obligations, and financial reporting obligations. For example, we may be required to record and verify a User's identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits.
iii. Legitimate business interests
We rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes that we have identified as legitimate. In determining the content of this list, we balanced our interests against the legitimate interests and rights of the individuals whose Personal Data we process. We:
- Monitor, prevent and detect fraud and unauthorized payment transactions;
- Mitigate financial loss, claims, liabilities or other harm to Users and Nomod;
- Respond to inquiries, send service notices and provide customer support;
- Promote, analyze, modify and improve our products, systems, and tools, and develop new products and services;
- Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets;
- Analyze and advertise our products and services;
- Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business;
- Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business;
- Ensure network and information security throughout Nomod and our Services; and
- Transmit Personal Data within our affiliates for internal administrative purposes.
iv. Payment transactions and related services
We use Personal Data of our User's Customers to process online payment transactions and authenticate Customers on behalf of our Users. All such use is pursuant to the terms of our business relationships with our Users. In addition, we may offer payment-related services to Users who have requested such services, and our delivery of such related services to our Users may involve the use of Personal Data. The entity responsible for the collection and use of Customers' Personal Data in the context of payment transactions and payment-related services is the User.
If we need to use your Personal Data in other ways, we will provide specific notice at the time of collection and obtain your consent where required by applicable law.
b. Marketing Communications
We may send you email marketing communications about Nomod 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 our Users' Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.
d. Anonymous Data
Anonymous Data means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. However once you have given us your Personal Data, we may collect and store this information.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyse usage patterns so that we may enhance the content of our Services. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
🗣 3. How we Disclose the Information we Collect
Nomod does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below:
We share Personal Data with other Nomod entities in order to provide our Services and for internal administration purposes.
b. Service Providers
We share Personal Data with a limited number of our service providers. We have 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 predominantly located in the European Union and the United States of America.
c. Business Partners
We share Personal Data with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services.
d. Our Users and Third Parties Authorized by our Users
e. Corporate Transactions
f. 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 Nomod, 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.
🙋🏻♀️ 4. 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 via 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 Nomod 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 Nomod processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
- The right to request that Nomod rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
- The right to request that Nomod erase your Personal Data in certain circumstances provided by law;
- The right to request that Nomod restrict the use of your Personal Data in certain circumstances, such as while Nomod considers another request that you have submitted (including a request that Nomod 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 Nomod 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 send 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 Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
If you are a Customer of a Nomod User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using Nomod to accept the payment, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.
🔐 5. 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 Nomod account or complete a transaction with a Nomod User, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. 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 partners, and where data retention is mandated by the payment methods that 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.
🌍 6. 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.
🔞 7. Use by Minors
The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Data through the Services.
🔗 9. 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.
👁🗨 10. Jurisdiction Specific Provisions
a. Residents of the European Economic Area (EEA), the UK and Switzerland
The entity responsible for the collection and processing of Personal Data for residents of the EEA, the UK and Switzerland is Nomod Inc., a company incorporated in the British Virgin Islands under company number 2015545 and with its registered address at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG 1110, British Virgin Islands. To exercise your rights, the Data Protection Officer may be contacted via [email protected].
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 relevant national authority, which can be found here. If you are a resident of the UK, you may direct your questions or concerns to the UK Information Commissioner's Office.
b. Residents of California, United States
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).
i. How We Collect, Use, and Disclose your Personal Information
ii. 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 our Users' Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.
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 Nomod at [email protected]. We may need to verify your identity before responding to your request, such as verifying that the email address from which you send 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 Nomod User, please direct your requests directly to the Nomod User with whom you shared your personal information.
💌 11. Contact Us