(a) our website at www.kodypay.com;
(b) the KodyPay app ("App"); or
(c) any of the services you can get access to through the App or website (our "Services"),
together, the ("KodyPay Offering").
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
We partner with various organisations and merchants (our “Partners”) to improve your payments with them. While the App may display third party branding, the App is owned and operated by KodyPay Ltd. It is important that you understand that KodyPay Ltd exercises overall control over how your personal data is processed in order to provide you with the KodyPay Offering and under data protection law, KodyPay Ltd is what is known as the 'data controller' of your personal data.
The KodyPay Offering is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it. We also recommend that you save and print a copy of this policy for future reference.
While this policy is primarily aimed at those who use the KodyPay Offering as a customer, we will also explain in this policy the extent to which we will collect or otherwise process your personal data if you work for or with one of our Partners to deliver the KodyPay Offering.
2. Contact details
Our full details are:
KodyPay Ltd, company number 11532575
Registered office address: Unit 42, 24-48 St Leonard Road, Windsor, Berkshire, England SL3 3BB
Email address: email@example.com
You have the right to make a complaint at any time to the Information Commissioner’s Office ("ICO"), the UK supervisory authority for data protection issues.
This version was last updated in January 2021. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by push notification to your device, SMS, email or when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
5. The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
• Identity Data.
• Contact Data.
• Financial Data.
• Transaction Data.
• Device Data.
• Content Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.
We explain what each of these categories of data are in clause 15 below.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you work for one of our Partners, they may provide your personal data to us to enable us to create staff credentials and manage your access to the App and our web portal.
If you work with one of our Partners, e.g. as a merchant which incorporates the KodyPay Offering into its services, we may need to collect and otherwise process your personal data, including by sharing such data with the relevant Partner to perform mandated Know Your Counterparty verification checks (“KYC checks”). This enables us to comply with our legal and regulatory obligations.
6. How is your personal data collected?
We will collect and process the following data about you:
• Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App and the website (together "Our Sites"), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App, download or register the App, subscribe to any of our Services, search for the App or Service, and when you report a problem with the App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
• Information we receive from other sources including our Partners, third parties and publicly available sources. We will receive personal data about you from various third parties such as credit reference agencies, fraud-prevention agencies and partners who help us to provide our Services. This includes your credit record, information to help us check your identity, and information relating to your transactions.
8. How we use your personal data
We collect your information so we can provide the best service, tell you about products and services you may be interested in, and meet our legal obligations. We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
• Where you have consented before the processing.
• Where we need to perform a contract we are about to enter or have entered with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
See the Glossary at clause 14 to find out more about the types of lawful basis that we will rely on to process your personal data.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
Purposes for which we will use your personal data
Marketing and Communication
Necessary for our legitimate interests (we need to be efficient about how we meet our obligations and we want to provide you with a good service)
• Managing payments into and out of your KodyPay account;
• Remedying transactions made in error or which have passed through Our Sites incorrectly or which otherwise require action to be taken by us or our Partners; or
• Processing returns in conjunction with our Partners
Necessary for our legitimate interests (we need to be able to process your orders, liaise with merchants and efficiently handle any issues and rectify mistakes)
Necessary for our legitimate interests (we need to ensure that our Services are not abused and function well)
Necessary to comply with legal obligations (to limit potential exposure to risk and cooperate with our Partners in the verification process)
Necessary to comply with legal obligations (to develop and improve how we deal with financial crime and meet our legal responsibilities)
Marketing and Communications
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products / Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to analyse how customers use our products / Services and to develop them and grow our business)
To make recommendations to you about goods or services which may interest you
To measure and analyse the effectiveness of the advertising we serve you
To monitor trends so we can improve Our Sites
If you agree, allow our partners and other organisations to provide you with information about their goods or services
Marketing and Communication
Necessary for our legitimate interests (to develop our products/Services and grow our business)
9. Disclosures of your personal data
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table in clause 8 above:
To remedy transactions made in error or which have passed through Our Sites incorrectly or which otherwise require action to be taken by our Partners
To provide you with certain services you have asked us for or to offer you co-branded services or promotional offers (we will always get your consent before sharing your information for these purposes and you can withdraw your consent at any time by contacting us)
To enable us to comply with our legal and
10. International transfers
A number of our external third parties, including IBM, Visa's Cybersource and Intercom, are based outside the European Economic Area ("EEA") so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, including in the US, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
11. Data security
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of your information via the Internet can never be 100% secure. Although we will do our best to protect your information, we cannot guarantee the security of information about you transmitted to us and so any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
12. Data retention
Under anti-money laundering laws we need to hold information about you and your transactions for five years.
Generally, we will not hold your personal information for more than six years after our business relationship with you has ended, unless we need to hold it for longer because of a potential or ongoing claim or another legal reason, or if we have reason to believe that you have misused our Services in the past.
In some circumstances you can ask us to delete your data. See clause 13 below for further information. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
13. Your legal rights
Under certain circumstances you have the following rights under data protection laws in relation to your personal data:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• if you want us to establish the data’s accuracy;
• where our use of the data is unlawful but you do not want us to erase it;
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or Services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at firstname.lastname@example.org or use the in-App chat function on our website at www.kodypay.com.
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business and generating revenue to enable us to give you the best Service / product and the best and most secure experience and to grow and develop Our Sites, our business and our service offerings. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
15. Description of categories of personal data
• Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.
• Contact Data: billing address, delivery address, email address and telephone numbers.
• Financial Data: bank account and payment card details.
• Transaction Data: includes details about payments to and from you.
• Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system and the type of mobile browser you use.
• Content Data: includes information stored on your Device, including friends’ lists, login information and photos, videos or other digital content.
• Profile Data: includes your username and password, in-App transaction history, your interests, preferences, feedback and survey responses.
• Usage Data: includes details of your use of our App or your visits to any of Our Sites including, but not limited to, traffic data and other communication data and the resources that you access.
• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• KYC Data: first name, last name, home address, date of birth, passport or identity card details,
signature, email address and telephone numbers.
We use the following cookies:
These are cookies that are required for the operation of Our Sites. They include, for example, cookies that enable you to log into secure areas of Our Sites, use a shopping cart or make use of e-billing services.
Performance & functionality cookies
These are used to recognise you when you return to Our Sites. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language). We also use these cookies for non-essential security measures and speed improvements.
These allow us to recognise and count the number of visitors and to see how visitors move around Our Sites when they are using it. This helps us to improve the way Our Sites works, for example, by ensuring that users are finding what they are looking for easily.
You can block cookies within your browser, by activating its setting that allows you to refuse all or some cookies. Do bear in mind that if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of Our Sites.
Except for essential cookies, all cookies set by us will expire after 30 days.
We may revise this cookies policy at any time by amending this page. Please check it from time to time to take notice of any changes we could make, as they’re binding on you.