Terms of Use
Last updated on May 7, 2024
Acceptance of Terms
This section sets out the terms and conditions (these “Terms”) of your access to https://e-commerce.spancash.net/ (the “Site”), including all sub-pages on the Site, which are operated by Spancash Limited (“Spancash”) or where you may use or have access to the services provided by Spancash (the “Service”). If you are an individual, you must be above eighteen (18) years old and competent to contract under the applicable laws to access or use the Service. If you are a merchant or business, your business must be validly organised and operating legally in the jurisdiction where Spancash has operation in order to use the Service. By accessing the Site, you are agreeing to these Terms.
Your Use of the Site
You may use the Service to facilitate payments in connection with your online purchases for products or services concluded on or through e-commerce websites, apps or other platforms. For the avoidance of doubt, Spancash doesn’t provide payment service to you. Spancash provides technical support to payment methods or funding channels provided by the banks, e-wallet service providers or other payment service providers with which you have opened account or registered services (“Your Payment Service Providers”). Spancash is not acting as a trustee, fiduciary or escrow with respect to your funds and it does not have control of, nor liability for, the products or services that are paid for using the Service, including the provision, use or condition of such products or services.
Your Responsibilities
You will use the Site in good faith and in compliance with all applicable laws and regulations. The information and material you provide in connection with the use of the Site must be true, lawful and accurate, and is not false, misleading or deceptive.
Transmission through the Site
Due to the nature of the Internet, transactions conducted or messages sent through this Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. Under no circumstances shall Spancash be held liable for any failure in the communication networks, or the accuracy or timeliness of messages and transactions sent via the Site whatsoever.
Disclaimers
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy or completeness. Whilst we have taken care in preparing the content and information contained on this Site, such content and information are provided "as is" without warranty of any kind, whether express or implied. In particular, no warranty about non-infringement, security, accuracy, fitness for a purpose or absence of computer viruses is given in connection with such content and information.
To the full extent permitted by law, Spancash and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Site.
Privacy Policy
Last updated on May 7, 2024
SpanCash, operated by SpanCash Limited (“SpanCash”, “we”, “our” or “us”), acts as a payment aggregator facilitating payment processing (“SpanCash Service”) for our customers (the “merchants”). During this payment processing, SpanCash will need personal information to process specific transactions. This SpanCash Privacy Policy describes how we collect, use, store and disclose personal information.
SpanCash may process personal information of the following categories of individuals in the provision of SpanCash Services:
- (a) individuals employed or associated with merchants, such as representatives, suppliers or end-users;
- (b) vendors or business partners or individuals employed or associated with such organisations that assist us in the provision of SpanCash Service; and
- (c) visitors that log on or use our website https://e-commerce.spancash.net/.
We collectively refer to the individuals listed above as “you” in this Privacy Policy.
We process the personal information of end-users of merchants on behalf of the merchants. We are not responsible for and have no control over the privacy or security practices of the merchants, which may differ from those explained in this Privacy Policy. If your personal information has been submitted to us by or on behalf of the merchants and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly.
Information we collect and how we use it
We process personal information that you provide to us in a number of ways, including:
- When you make or receive a payment from the merchants who using SpanCash Service
- When you make an inquiry about our SpanCash Service or otherwise interact on our website
- When you interact with us by telephone, email and other electronic communication
- When you attend an event with us or a third party we are working with or sign up to receive publications from us
- When we onboard you as a merchant and interact regarding our service
- When you provide services to us or seek to provide such services
We may also process your personal information from third-party sources as necessary for the provision of SpanCash Service. We may obtain this information from your organisation, from public sources or third parties, depending on the relevant circumstances. For example, we may obtain certain personal information about you from:
- Third-party licensed payment provider or bank, such as your transaction information, as necessary to provide SpanCash Service;
- third parties, such as government agencies, information service providers, or from publicly available records to carry out due diligence and other legally required compliance checks, such as those related to knowing your customer (KYC), anti-money laundering (AML) and Specially Designated Lists.
Type of personal information
When you use our website or when we interact with you to provide SpanCash Service or to receive services from you as a vendor, the personal information we receive, collect and process may include:
- Contact information, such as your name, email, phone number, billing address.
- Bank card information such as the name on the card, card type, card number, card verification value, and expiration date, or the information about the account you open with other licensed payment channels to process the payment;
- Identification information, such as your ID number or tax number, Customer ID generated by merchants to verify the process the transactions or conduct anti-money laundering and/or fraud prevention checks;
- Transaction information, such as amount and time of transaction, currency and language you used;
- IP address, app version, system version and type, device model, system language, network type, carrier, android ID, Mac address, IMEI, advertising identifier number and browser system.
Legal justification for our use of your personal information
We may process your personal information in connection with any of the purposes set out above on one or more of the following legal grounds:
- To perform our obligations under a contract with you or your organization;
- To comply with our legal obligations, as well as to keep records of our compliance processes or tax records;
- To pursue our legitimate interests, or those of a third-party recipient of your personal information;
- Based on your consent to process your personal information in that manner.
Information we share
We will only share your personal information with third parties in the following circumstances:
- A merchant. If we have collected your personal information in the course of providing SpanCash Service to that merchant, and where permitted by law to others for the purpose of providing SpanCash Service.
- Licensed payment service provider. We may exchange certain personal information about you to enable the provision of SpanCash Service, such as your transaction information with the licensed payment service provider or bank.
- Courts, law enforcement authorities, regulators, government officials or other competent authorities where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
How long do we keep your personal information?
Your personal information will be retained only for as long as necessary for the purposes for which the information was collected, except where necessary to meet our legal obligations (for example, in relation to KYC/AML requirements).
Your rights
You may have the right to access, correct, delete or restrict the use of your personal information, depending on the laws that apply to you. For further details, please contact us.
Security
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access and use. However, no security measures are absolutely guaranteed to prevent unauthorized access.
Changes to This Privacy Policy
We may revise this SpanCash Privacy Policy from time to time to reflect any changes to the way we process your personal information or changing legal requirements. The most current version of the policy will govern our use of your information. Please check back frequently to see any updates or changes. This Privacy Policy was last updated on the date provided at the top of this page.
Supplemental Terms
The following additional or amended terms shall apply to you if you are a user in the relevant jurisdiction specified below.
Brazil
Law No. 13,709/2018 (the Brazilian General Data Protection Law, aka “LGPD”) offers additional rights and regulations for individuals located in Brazil. Further to the information set out in sections 1, 5, 7, and 10 of this Privacy Policy, the following additional information applies to you if you are located in Brazil:
- Minor’s Personal Information: We do not knowingly collect personal information from or about children and adolescents under the age of 18. If you are under 18, please do not attempt to use SpanCash Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child or adolescent under 18, we will delete that information as soon as possible. If you believe that a child or adolescent under 18 may have provided us personal information, please contact us.
- Data subject’s requests: Under Article 18 of the LGPD, you have the following rights as a data subject:
- confirmation of the existence of processing activities;
- access to your personal information;
- correction of incomplete, inaccurate, or outdated personal information;
- anonymization, blocking, or elimination of unnecessary or excessive personal information or of information processed in noncompliance with the LGPD;
- portability of your personal information;
- elimination of your personal information processed with your consent;
- information of the public and private entities with which we shared your personal information;
- information on the possibility of not providing consent and on the consequences of the denial;
- revocation of consent; and
- petition against us before the National Authority for Data Protection (“ANPD”).
Indonesia
If the Services are used or accessed from within the Republic of Indonesia, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
- Consent from third parties: If you provide any personal data or information of third-party individuals and/or parties, you represent and warrant that you have obtained the necessary consent to do so.
- Data sharing: We will not share your information with third parties for any purposes other than the provision of SpanCash Service specified herein, without your consent.
- Governing Language: These Privacy Policy are made in English and Indonesian language versions. In the event of any discrepancy between the English and Indonesian language versions, the English language version shall prevail.
- Parental or Guardian Consent: If you are under the age of 21, you hereby represent that you had the consent of your parent or legal guardian to use the SpanCash Service.
- Waiver: For the purpose of termination and/or dissolution and/or rescission of the Privacy Policy, we and you hereby waive the applicability of the provisions under Article 1266 of the Indonesian Civil Code, to the extent that the court order and/or decision would otherwise be required to validly terminate and/or dissolve and/or rescind the Privacy Policy.
Philippines
If the Services are used or accessed from within the Philippines, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
- Clause 1 (Information we collect and how we use it): Add the following:
- If you have provided us with personal information of third-party individuals, you are required to obtain the individual's prior consent and you represent and warrant that you had or have their consent or are otherwise entitled to provide their personal information to us. By providing us with personal information of third-party individual(s), you also warrant that the individual(s) is informed of and consents to the terms of this Privacy Policy.
- Clause 3 (Information we share): Combine bullets 3 and 5 as follows:
- Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as local licensed payment service providers, cloud storage providers, as well as companies providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, and companies providing similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal data is shared;
- Clause 5 (Your rights): Insert the following clause:
- Where you have provided us with consent for the processing, you may be able to withdraw it. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations or for any of the purposes set out in this Privacy Policy where the processing of your personal information is not based on consent.
South Korea
If the Services are used or accessed from within South Korea, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
- After the purpose of processing your personal information is achieved, your personal information will be transmitted to a separate database (or moved to a separate storage if your information is retained in a paper form) and retained for a certain period in accordance with SpanCash’s internal regulations and other applicable laws and regulations before it is destroyed. Your personal information relocated to a separated database will not be used for other purposes, unless it is required under the applicable laws and regulations. When destroying your personal information, we will take reasonable and technically feasible measures to make the personal information irrecoverable. For example, electronic files that contain personal information will permanently be deleted using a technical method that makes the files irrecoverable, and any other records, print-outs, documents, or any other recording media will be shredded or incinerated.
