PRIVACY POLICY

INTRODUCTION

• This is the privacy policy (“Privacy Policy”) of XPayBack Pte Ltd and its subsidiaries, affiliates, brands, related and/or associated companies/brands, and jointly controlled entities (including all of their shareholder(s), director(s), employee(s), supplier(s), contractor(s) and/ or permitted person(s)) (collectively referred to as "XPayBack", “we”, “us” or “our”). XPayBack is committed to respecting and protecting your privacy online. This Privacy Policy explains our practices regarding the collection, use, disclosure, storage, transfer, and/or processing of your personal data.
• This Policy applies to and governs your use of the websites, products, apps, browser extensions, and services that we make available to you, including, without limitation, the xpayback.com website (the “Website”), XPayBack, XPayBack App, XPayBack Loyalty Program, XPayBack browser extension, and any other products including those that may be introduced from time to time in the future, including any trial versions thereof (the “Services”). This Policy does NOT apply to information we collect offline or you provide to or is collected by any third party (except as otherwise provided below).
• We are committed to providing you with the best online shopping and cashback experience possible. The company is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect the Personal Information (as it is defined below) of our customers and users. It applies to all Personal Information collected by us on www.xpayback.com (the “Site”), the XPayBack mobile application, and any other websites or mobile applications that link to this Policy, as well as during any written, electronic, and oral communications (collectively, the “Services”). XPayBack may collect Personal Information to help you place and receive orders and to improve the XPayBack’s service.
• To process, administer and/or manage your relationship with us, we will necessarily need to collect, use, disclose, store, transfer and/or process your personal data. This Privacy Policy applies to personal data about you and/or individuals provided by you, possessed by us, or that we obtain about you, whether now or in the future. We will only process your personal data in accordance with the prevailing personal data protection and privacy laws of the countries we operate in and this Privacy Policy.
• By accessing, browsing, downloading, and/or using our Platform and/or Service, or by dealing with us, you acknowledge that you have read and understood this Privacy Policy and agree to us processing your personal data in accordance with the manner set out in this Privacy Policy, as may be amended from time to time.
• We may modify this Privacy Policy at any time. It is strongly recommended that you periodically review our Privacy Policy as posted on the App/Web.
• Customers are advised to read and understand our Privacy Policy carefully, as by accessing the website/app you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage, and use of information relating to you as provided herein.
• If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the website/app.

Usage of Services

1. Posting content on the Platform:
   1. you shall be required to log on using your registered mobile number/ username/email address/Facebook account and password.
   2. by uploading/posting any Content, and in consideration of you using the Services, you automatically constitute you granting a royalty-free, perpetual, irrevocable, transferrable, worldwide license to XPayBack to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, mode of delivery or technology now known or later developed, (b) display online or offline your Content (or part thereof, or any modification, adaptation, translation or derivative works thereof) online and offline and permit others (including without limitation XPayBack’s co-brand partners) to do the same, and (c) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). Further, the license you have granted to us as aforesaid shall not lapse notwithstanding that we have not used, distributed, displayed, published, or adapted/modified any of the Content for any duration.
   3. You shall, under no circumstances, upload any Content that:
      1. belongs to another person and to which you do not have any right;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

• harm minors in any way;

1. infringes any patent, trademark, copyright, or other proprietary rights;
2. violates any law for the time being in force;
3. deceives or misleads the reader/viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;

• impersonate another person;
• contain software viruses or any other computer code, files, or programs that are designed to interrupt, destroy or limit the functionality of any computer resource;

1. you shall be solely responsible for safeguarding your login details including username and password and we shall have no liability whatsoever.

2. If you are under the age of majority as per the laws of your country of residence (“Minimum Age”) you may not register for an account. XPayBack does not include any age-inappropriate. User data is processed by XPayBack, through verification and other internal checks, in a manner that both protects any user information as well as advances the best interests of children. Parents/adult guardians are required to monitor/regulate the content being viewed by their wards who have not attained the Minimum Age. Parental control tools available from third-party vendors/service providers might be useful in this regard. It shall also be the responsibility of parents/adult guardians to ensure that their wards do not view Content that is not appropriate for them.
3. Unless otherwise expressly stated, XPayBack does not promise to provide you with any support for the Services. If XPayBack does provide you with support, it is at XPayBack's sole discretion and does not mean that we will continue to provide you with support in the future.
4. XPayBack reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in XPayBack’s sole discretion. If XPayBack decides to charge fees XPayBack’s payment terms will apply and XPayBack will provide you with prior notice.
5. XPayBack prohibits sending unsolicited emails or messages using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without XPayBack’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.

Types of Information We Collect

We may collect different types of information from you depending on how you use our Services, including Personal Information. “Personal Information” means information that relates to an identified or identifiable natural person. The categories of Personal Information we may collect are listed below. Certain types of Personal Information may fall under more than one category.

• Identifiers: We may collect your name, phone number, cryptocurrency wallet address, IP address, email address, display name, social networking website user account names, or other addresses at which you are able to receive communications and information about the devices you use to access the Services (e.g., the unique identification numbers associated with your mobile device or through the application programming interface, mobile carrier, device processes, device type, model and manufacturer, mobile device operating system, brand and model, device name, and battery life) (collectively, the “Device Information”).
• Demographic information: We may collect your geographical location data, including GPS coordinates (e.g., latitude and/or longitude), city, and country.
• Commercial information: such as information that enables us to determine lifestyle, interests, and activities, including purchasing tendencies and order history (such as the XPayBack vouchers you purchase and redeem); areas of interest; information collected through your interactions with social networks; information about persons for whom you have purchased XPayBack vouchers as gifts or who have bought XPayBack vouchers as gifts for you; and information about friends who refer you or whom you have referred. We may collect and store information about the websites you view even when you are not interacting with the XPayBack Browser Extension (e.g., URLs of web pages visited, general information about the visited web page, product searches, product search results, information about products added to cart, confirmation page details, and other product information (collectively, the “Passive Data”)
• Location information: such as information related to your state/province, district, city, or neighborhood, and, if you agree, more specific location information that is provided through the GPS functionality on mobile devices used to access the Service.
• Sensory data. We may collect your picture.
• Financial information: such as information collected from you as needed to process payments for XPayBack vouchers or other products or services that you buy, or as provided by you to administer your participation in optional services and programs, such as your payment card number, expiration date, and a card verification number.
• Internet and network activity information: such as information about your browsing behavior, search history, and interactions with websites and advertisements, including data from cookies, pixel tags, and web beacons.
• Inferences regarding preferences and other characteristics: such as our assessment of the types of products or services you may have an interest in.

We may also collect information that does not generally identify you but may become associated with your account. We may use information that does not identify you for any permissible business purpose under applicable law.

We do not collect, transmit, store, or otherwise process any of your Personal Information through the Privacy Apps.

 

Use of the XPayBack Web Extension / Button

XPayBack’s web extension only collects data on shopping sites that XPayBack works with. We do not collect browsing data from your search engine history, any information from your emails, or information on websites that do not work with XPayBack.

XPayBack’s web extension also collects the following information to let us understand how our users engage with our services on our merchants’ sites and to ensure our products are working correctly so that you may enjoy a better shopping experience:

• Browser type
• Operating system
• Error Logs
• Event stamp

None of the information we collect contains any personally identifiable information such as email addresses or names, nor does XPayBack’s web extension collect any sensitive information such as credit card data, bank data, or passwords.

Accuracy of your Personal Data

We take it that all personal data provided by you is accurate and complete and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data. Please note that your failure to maintain accurate, complete, and up-to-date personal data (including having an invalid or expired payment method) may result in your inability to access and use the Platform and/or Service.

Collection of Personal Data

The term “personal data” refers to any data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time.

XPayBack may collect data from you will depend on the products, services, and promotions that you use or subscribe to. XPayBackcollects this data to enable our services and our platforms to function properly and to help us better understand how they work on different devices and browsers.

We may collect the following personal data from you:

• Identity Data, such as your name, nationality, gender, date of birth, biometric data, image;
• Contact data, such as billing address, delivery address, email address, and phone number(s);
• Account data, such as bank and credit/debit card details, e-wallets, payment details, financial information, and employment information;
• Transaction data, such as payment manners, details about payments to and from you, and other details of goods, products, and or services you have purchased from or through us;
• Technical data, such as internet protocol (IP) address, your login data, browser type, and version, time zone setting and - location, browser plug-in types and versions, operating system and platform, mobile carrier, URLs, and other technology(ies) on the devices you use to access the Platform and/ or Service;
• Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback, and - survey responses;
• Location data, such as GPS coordinates or similar geographical information of your computer or mobile device;
• Usage data, such as information on how you use the Platform and/or the Services; and/or
• Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
• The types of personal data collected depend on the purpose(s) of collection. We may process your personal data by way of collecting, recording, altering, holding, storing, transferring, erasing, correcting, retrieving, destructing, aligning, combining, disclosing, and/or deleting it.

XPayBack will collect Personal Data relating to you when you:

• Leave your contact details with us after attending our events e.g. marketing or community events and seminars.
• Leave your contact details with us after visiting, using, or installing (as the case may be) our websites, portals, mobile applications, social media platforms, and web extensions, or make inquiries via any other portal
• Register for our services and/or submit any forms relating to any of our products and services.
• Sign up for alerts or newsletters or respond to our marketing collaterals e.g. advertisements, brochures, or flyers.
• Contact us with inquiries or requests for assistance or interact or communicate with us or our employees, e.g. via our online interface, email, telephone calls, text messages, or face-to-face meetings
• Participate in competitions, lucky draws, surveys, or other such events.
• Submit your CV and job application forms to us or submit your CV to recruitment firms or job portals, who in turn forward the same to us.
• Are referenced to us by business partners or third parties.

We may also collect your personal data from a variety of sources, including without limitation in the following situations:

• From you: We collect information that you submit to us. For example:
  • When you register for an account to use certain Services, we may collect your name, email address, phone number, and profile picture.
  • When you submit any forms to us, including (but not limited to) application or registration form, whether online or by way of a physical form;
  • When you send us your picture to verify your identity, we may collect that information.
  • We will collect any information you voluntarily provide, and we may also request optional information to support your use of the Service.
  • When you contact us or report a problem with the Services, we may collect records and copies of your correspondence.
  • When you use our or our Merchant’s products, services, publications or marketing collaterals;
  • When you participate in a meeting, event, activity contest, promotional activity, loyalty program, or survey;
  • When you follow, like, or are a fan of XPayBack’s social media pages; and/or
  • Other publicly available sources and directories.
  • We also collect any information that you voluntarily enter into any postings, comments, or forums within the Service. If you send an e-mail to us, we will collect your e-mail address and the full content of your e-mail, including attached files and other information you choose to provide to us.
  • In addition, we may also receive, store and process your personal data which are provided or made available by any third parties whom you have authorized, credit reference/reporting bodies, regulatory and law enforcement authorities, for reasons including delivery of our Service, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.
• From your device: We may collect your Personal Information automatically as you use our Services. When you browse our Website or use our apps, such as your IP address, website activity, timestamps, geographical location, and Passive Data. This type of data enables us to understand how often individuals use parts of the Service so we can analyze and improve it.
• From Third Parties: We may receive Personal Information from or through our service providers that help us provide or facilitate your access to the Services, or market or improve the Services. We may receive your Personal Information (e.g., your IP address, Device Information, geographical location data, website activity, and Facebook or Google account information) from our:
  • Brand partners;
  • Attribution tracking partners;
  • Affiliate advertising partners; and
  • Data analytics providers.

We may also receive your Personal Information from social media (e.g., when your Personal Information is accessible on a user’s social media profile).

We abide by this Policy when we use Personal Information provided to us by third parties. However, we do not control the Personal Information that third parties collect or how they use that Personal Information. You should review the third parties privacy policies for more information about how they collect, use, and share information they obtain and use, including the information they may disclose to us if you use their service credentials to log into our Services.

Security of Personal Data

XPayBack ensures that all Personal Data collected will be safely and securely stored and has implemented stringent measures to secure and protect your information. These include:

• Use a secure, encrypted 128-bit SSL connection on all our web pages where you transmit Personal Data.
• Ensuring that Personal Data relating to you is only stored on servers with proper safeguards to prevent security breaches.
• Limiting access to the information in our systems.
• Implementing strict verification processes to prevent unauthorized access to Personal Data.
• Securely destroying your personal information when it’s no longer needed for our business or legal processes.

Use of Personal Data

We may use information collected as described in this Privacy Notice to:

• To provide or improve the Services – Operate, maintain, and improve the Service and other programs, features, and functionality related to the Service;
• To market the Services – Provide you with interest-based ads, push notifications, communications, and offers for products and services from us and our business partners, including based on your precise geolocation;
  • With your prior consent, we may send you newsletters, rewards, discounts, promotion codes, events, and general information about the Services; or
  • With your prior consent, we may create a profile of your preferences and provide advertisements, content, or features to match your profile.
• To administer the Services – We may use your Personal Information for any lawful business purpose in connection with administering the Services. Primarily, we use your Personal Data to fulfill and process your orders and cashback. This would include using Personal Data relating to you to track your transactions with our merchant partners, credit cashback rewards into your XPayBack account, and process the necessary payments associated with such transactions. It would also include using Personal Data relating to you to activate or deactivate services, provide you with additional products, services, and benefits (such as promotions, loyalty programs, or reward programs), and administer (at times in conjunction with our preferred partners) promotional events, contests, competitions, and corporate social responsibility projects.
• Security & Compliance – We may access, use, and share with others your Personal Information for purposes of health, safety, and other matters in the public interest. This would include using Personal Data relating to you to detect and prevent fraud and other crimes (e.g. by conducting checks against money laundering, terrorism financing, and related risks), conducting internal audits, or otherwise meeting legal, regulatory, and other requirements (including providing assistance to law enforcement, judicial, and other government agencies, responding to regulatory complaints, making relevant disclosures to regulatory bodies, conducting audit checks, due diligence, and investigations, and taking steps which XPayBack considers necessary in the event of a lawsuit or potential lawsuit).
• In connection with a sale or other transfer of our business – In the event, all or some of our assets are sold, assigned, transferred to, or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy, or otherwise, your Personal Information may be among the transferred assets.
• Job applications - This would include processing job applications, recruitment and selection, and processing and administering employment records.
• Customer Service - This would include using Personal Data relating to you to respond to requests and enquires made by you (or persons authorized by you), provide you with directory assistance, and provide you with updates relating to our products, services, or policies.

We will not use Personal Data relating to you for purposes other than what we have informed you, or which we are permitted or required under local law and regulations.

We will only retain Personal Data relating to you for only as long as there is a business or legal need.

Information Related to the Referral Program

XPayBack allows users to invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and places an order through your referral link. To help you do this, we may request you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By sending a referral, you also consent to XPayBack sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. XPayBack will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that XPayBack does not control the timing, content, or recipients of these SMS messages.

If you are referred to XPayBack through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for XPayBack, whether you are a new customer, and whether you have placed a qualifying order with XPayBack with the person(s) who referred you.

Disclosure of Your Personal Data

We will not sell, rent, transfer or disclose any of your personal data to any third party without your consent. However, we may disclose some of your personal data to the following third parties, for one or more of the above Purposes:

• Companies within the XPayBack group, our subsidiaries, related and/or associated companies;
• your immediate family members and/or emergency contact person may be notified to us from time to time;
• XPayBack’s business partners, vendors, agents, and service providers who we work with to deliver services you have subscribed to. This would include merchant partners, payment service providers, third-party service providers engaged in connection with marketing promotions and services offered by XPayBack or its preferred partners, and third-party service providers who provide operational services to XPayBack (such as telecommunications, information technology, payment, printing, billing, payroll, processing, technical services, training, market research, call center or other services to XPayBack). It also includes our professional advisers such as auditors and lawyers.
• any party in relation to legal proceedings or prospective legal proceedings;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company pertaining to the users of our Services is among the assets transferred;
• data centers and/or servers located within or outside your country for data storage purposes;
• storage facility and records management service providers;
• Relevant regulators, statutory boards or authorities, or law enforcement agencies as required by any laws, rules, guidelines, and regulations or schemes.
• credit reference/reporting agencies for the purpose of credit checking on you;
• our business/marketing partners, third-party product and/or service providers, suppliers, vendors, distributors, contractors, or agents, on a need to know basis, that provide related products and/or services in connection with our business on our behalf or to assist us with the provision of the Platform and/or Service to you;
• insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
• financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
• banks and financial institutions, merchants, and credit/debit card companies in connection with your commercial transactions with us;
• the general public when you become a winner in a contest, participate in our events or activities, submit your rating and/or review or other features of the Platform and/or Service that is viewable by the general public without compensation for advertising and publicity purposes;
• any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes or as instructed/authorized by you.
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our users, or others.

Newsletter

When you register as a user on XPayBack, we will also use Personal Data that you have provided to send you promotional e-mails from time to time so as to update you about the latest offers, rewards, deals, products, or services from XPayBack or our preferred partners. You can unsubscribe from our promotional e-mails at any time through the unsubscribe function within the promotional e-mails.

Your Rights

• You have the right to update your personal information
• You have the right to request that XPayBack delete your personal information, subject to certain exceptions allowed under applicable law.
• To the extent that the prevailing personal data protection and privacy laws of the countries we operate in allow, you have the right to request access to, request for a copy of, request to update or correct, your personal data held by us. We may charge a small fee (such amount as permitted under the applicable law) to cover the administration costs involved in processing your request to access your personal data. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.
• In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions, and a reasonable duration of time for the withdrawal of consent to be effected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us or the contract that you have with us will have to be terminated.

Cookies

When You avail of our Services on the Platform, a persistent cookie is placed on Your computer.

This enables us to track any purchases You make with our participating retailers and award cashback/rewards/points to you. If You do not have such persistent cookies enabled on your computer You will not be able to earn cashback/points on your online shopping via our platform.

Disabling/enabling cookies: You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our platform if cookies are disabled.

Some cookies on the Services come from third parties. These cookies improve your experience by helping us better tailor our Services to you. For example, Google Analytics may use cookies to collect your Personal Information on our behalf to analyze your use of the Services.

Contact Details

If you have any questions about this Privacy Policy or have any further queries, or would like to make a complaint or data access, correction, or limitation request in respect of your personal data, you may do so by adjusting the settings in your account maintained with us or contact us at info@xpayback.com or via the communication channel on the Platform.

Last updated on 29 April 2022