Last updated: May 31, 2021
1. General Information
1.1 About the Private Policy.
1.2 Our role as a data controller and data processor.
We act in the capacity of a data controller and a data processor with regard to the personal data processed through Yuansfer in terms of the applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Our role depends on the specific situation in which personal data is handled by us, as explained in detail below:
- Data Controller. We are responsible for the collection of your personal data through Yuansfer and its further use. We make decisions about the types of personal data that should be collected from you and purposes for which such personal data should be used. Therefore, we act as a data controller with regard to the personal data collected directly through Yuansfer (e.g., when you send us an inquiry or request a demo account). We comply with the data controller’s obligations set forth in the applicable laws.Data Controller. We act in the capacity of a data processor in situations when you submit files or generate data through Yuansfer for processing (e.g., you clients’ payment details) (“Your Data”) and Your Data contains other individuals’ personal data. We do not own, control, or make decisions about Your Data. We process Your Data only in accordance with the instructions issued by a respective data controller. To ensure that Your Data is processed in accordance with the strictest data protection standards, we have drafted and offer for conclusion a data processing agreement (the “DPA”). The DPA is incorporated by reference into our Terms of Service, therefore, you conclude the DPA automatically upon your acceptance of the Terms of Service.
1.3 Your consent.
Yuansfer is not intended for use by children (i.e., persons who are minors in their country of residence). Therefore, we do not knowingly collect minors’ personal data. If you, as a parent or a legal guardian of a child, become aware that the child has submitted his/her personal data to us, please contact us immediately. We will delete your child’s personal data from our systems without undue delay.
1.5 Term and termination.
2. WHAT PERSONAL DATA DO WE COLLECT AND FOR WHAT PURPOSES DO WE USE IT?
2.1 We respect data minimization principles.
- Merchant application. When you apply for our services, we collect your email address, website address, business name, legal name, address, contact name, phone number, fax number, tax ID, registration number, officer’s name, ID type and number, date of birth, contact number, bank name, account number, routing number, bank address, SWIFT code, and photos related to your ID, company, products and services. We use such information to draft and conclude a contract with you, comply with our legal obligations, provide you with the requested services, and administer our business. The legal bases on which we rely are ‘performing our contractual obligations,’ (ii) ‘pursuing our legitimate business interests’ (administer our business), and ‘complying with our legal obligations’. We store such data until you terminate your contract with us, unless we are required by law to store our records longer.
- Registration of your account. When you register your account, we collect your email address, full name, store name, email address, and phone number. We use the said information to register and maintain your user account, enable your access to Yuansfer, provide you with the requested services, contact you, if necessary, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you’ and ‘pursuing our legitimate business interests’ (operate, analyse, grow, and administer Yuansfer). We store such data until you amend it or delete your user account.
- Inquiries. When you contact us by email, we collect your name, email address, and any information that you decide to include in your message. When you contact us via our contact form, we collect your name, email address, phone number, and any information that you decide to include in your message. We use such data to respond to your inquiries. The legal bases on which we rely are ‘pursuing our legitimate business interests’ (grow and promote our business) and ‘your consent’ (for optional personal data). We store such data until you stop communicating with us.
- IP address. When you use Yuansfer, we or our third-party analytics service providers (as explained in section 3 below) collect your IP address (mostly, in an anonymized form). We use your IP address to analyze the technical aspects of your use of Yuansfer, prevent fraud and abuse of Yuansfer, ensure the security of Yuansfer, and tailor Yuansfer for your location. The legal basis on which we rely when processing your IP address is ‘pursuing our legitimate business interests’ (i.e., to analyse and protect Yuansfer) and ‘your consent’. We store such data until it is necessary for analysing and protecting Yuansfer or you withdraw your consent.
2.2 Sensitive Data.
We do not collect or have access to any special categories of personal data as defined by Art. 9 of the GDPR (“sensitive data”) from you, unless you decide, at your own discretion, to provide such data to us. Sensitive data is information that relates to your health, genetics, biometrics, religious and political beliefs, racial origins, membership of a professional or trade association, sex life, or sexual orientation. If you decide, at your sole discretion, to include the said sensitive data into Your Data, we will process such data for the purpose of fulfilling our contractual obligations.
2.3 Processing of Your Data.
When you upload or create Your Data on Yuansfer, we process Your Data as requested by you. We process Your Data in order to (i) provide you with the requested services and (ii) perform our contractual obligations. The legal basis on which we rely is ‘performing a contract with you’. The duration of processing is the term of your service contract with us.
2.4 Refusal to provide personal data.
If you refuse to provide us with your personal data when we ask to, we may not be able to perform the requested operation and you may not be able to use the full functionality of Yuansfer or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not necessary for the intended purpose.
2.5 Sources of personal data.
We obtain your personal data from the following categories of sources:
- Directly from you. For example, if you submit certain personal data directly to us when registering your user account or contacting us;
- Directly or indirectly through your activity on Yuansfer. When you use Yuansfer, we automatically collect technical information about your use of Yuansfer; and
- From third parties. We may receive information about you from third parties to whom you have previously provided your personal data, if those third parties have a lawful basis for disclosing your personal data to us.
3. WHAT TECHNICAL (NON-PERSONAL) DATA DO WE COLLECT?
3.1 Log files and analytics data.
In order to analyse your use of Yuansfer, we and our analytics service provider Google Analytics automatically collects certain technical non-personal data about your use of Yuansfer. Such data does not allow us to identify you as an individual person in any manner. The non-personal data includes your activity on Yuansfer (e.g., what functionalities you use, how much time you spend on Yuansfer, how long it takes for Yuansfer to load and process your requests, and what errors occur).
3.2 Your feedback.
If you contact us, we may keep records of any questions, complaints, recommendations, or compliments made by you and any subsequent responses. Where reasonably possible, we remove all personal data that is not necessary for keeping such records.
3.3 Purposes of technical (non-personal) data.
We use your technical (non-personal) data for the following purposes:
- To analyse how you use Yuansfer;
- To examine the relevance, popularity, and engagement rate of Yuansfer;
- To investigate and help prevent bugs, security issues and abuse; and
- To develop and provide additional features to Yuansfer.
3.4 Aggregated and de-identified data.
If we combine your non-personal data with certain elements of your personal data and such a combination allows us to identify you as a natural person, we will handle such aggregated data as personal data. If your personal data is de-identified in a way that it can no longer be associated with a natural person, it will not be considered personal data and we may use it for any business purpose.
4. HOW DO WE COMMUNICATE WITH YOU?
If we have your email address, we may, from time to time, send you a newsletter informing you about the latest developments related to Yuansfer and our special offers. You will receive our newsletters in the following instances:
- If we receive your express (“opt-in”) consent to receive marketing messages; or
- If you voluntarily subscribe for our newsletter; or
- If we decide to send you information closely related to services already used by you.
You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our newsletters, adjusting the settings of your user account, or by contacting us directly.
4.3 Tracking pixels.
The newsletters sent by us may contain tracking pixels that allow us to conduct analysis of our marketing campaigns. Tracking pixels allow us to see whether you opened the newsletter and what links you have clicked on. We use such information to conduct analytics and pursue our legitimate business interests.
4.4 Service-related notices.
If necessary, we will send you important informational messages, such as confirmation receipts, payment information, technical emails, and other administrative updates. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.
5. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
5.1 Retention of personal data.
5.2 Retention of technical (non-personal) data.
5.3 Retention as required by law.
In certain cases, we are required by law to store your personal data for a certain period of time (e.g., your payment data should be stored for business records or accountancy purposes). Thus, we keep your personal data for the time period stipulated by the applicable law and securely delete it as soon as the required storage period expires.
6. HOW DO WE SHARE AND DISCLOSE YOUR DATA?
6.1 Disclosure to data processors.
From time to time, your personal data is disclosed to our service providers with whom we cooperate (our data processors). For example, we share your personal and non-personal data with entities that provide certain technical support services to us, such as hosting and email distribution services. We do not sell your personal data to third parties. The disclosure is limited to the situations when your personal data is required for the following purposes:
- Ensuring the proper operation of Yuansfer;
- Ensuring the delivery of the services ordered by you;
- Providing you with the requested information;
- Pursuing our legitimate business interests;
- Enforcing our rights, preventing fraud, and security purposes;
- Carrying out our contractual obligations; or
- If you provide your prior consent to such a disclosure.
6.2 List of our data processors.
- Our hosting and cloud storage service providers Alibaba Cloud located in China and Microsoft Azure located in the United States;
- Our technical support and analytics service providers SalesForce and Hubspot located in the United States;
- Our live chat service providers Intercom, Slack, and Microsoft located in the United States; and
- Our independent contractors and consultants.
6.3 Disclosure of technical (non-personal) data.
Your technical (non-personal) data may be disclosed to third parties for any purpose. For example, we may share it with prospects or partners for business or research purposes, for improving Yuansfer, responding to lawful requests from public authorities or developing new products and services.
6.4 Legal requests.
If we are contacted by a public authority, we may need to disclose information about you to the extent necessary for pursuing a public interest objective, such as national security or law enforcement.
6.6 Selling personal data.
6.7 International transfers.
Some of our data processors listed above are located outside the country in which you reside. For example, if you reside in the European Economic Area (EEA), we may need to transfer your personal data to jurisdictions outside the EEA. In case it is necessary to make such a transfer, we will make sure that the jurisdiction in which the recipient third party is located guarantees an adequate level of protection for your personal data or we conclude a data processing agreement with the respective third party that ensures such protection. We will not transfer your personal data internationally if no appropriate level of protection can be granted.
7. HOW DO WE PROTECT YOUR PERSONAL DATA?
7.1 Our security measures.
We implement organisational and technical information security measures to protect your personal data from loss, misuse, unauthorised access, and disclosure. The security measures taken by us include:
- Access control;
- Secured networks;
- SSL protocol;
- Strong passwords;
- Anonymisation of personal data (when possible); and
- Carefully selected data processors.
7.2 Security breaches.
Although we put our best efforts to protect your personal data, given the nature of communications and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data that was caused by circumstances that are beyond our reasonable control. In case a serious breach occurs, we will take reasonable measures to mitigate the breach, as required by the applicable law. Our liability for any security breach will be limited to the highest extent permitted by the applicable law.
8. WHAT RIGHTS DO YOU HAVE WITH REGARD TO YOUR PERSONAL DATA?
8.1 The list of your rights.
You have the right to control how your personal data is processed by us by exercising the rights listed below (unless, in very limited cases, the applicable law provides otherwise):
- Right of access: you can get a copy of your personal data that we store in our systems and a list of purposes for which your personal data is processed;
- Right to rectification: you can rectify inaccurate personal data that we hold about you;
- Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data from our systems;
- Right to restriction: you can ask us to restrict the processing of your personal data;
- Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format and move that personal data to another processor;
- Right to object: you can ask us to stop processing your personal data;
- Right to withdraw consent: you have the right to withdraw your consent, if you have provided one; or
- Right to complaint: you can submit your complaint regarding our processing of your personal data.
8.2 How to exercise your rights?
If you would like to launch a complaint about the way in which we process your personal data, we kindly ask you to contact us first and express your concerns. If we receive your complaint, we will investigate it and provide you with our response as soon as possible. If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority.
We do not discriminate against you if you decide to exercise your rights. It means that we will not (i) deny any goods and services, (ii) charge you different prices, (iii) deny any discounts or benefits, (iv) impose penalties, or (v) provide you with lower quality services.
Email: su[email protected]
Postal address: 28 Liberty St 6th Floor, New York, NY 10005, the United States