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Last Updated: May 22, 2024

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO OUR HANDLING OF YOUR USER INFORMATION ACCORDING TO THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES.

Welcome to the Benji Pays (“Benji Pays”, “we”, “us” or “our”) Privacy Policy (the “Privacy Policy”). We are committed to securely handling User Information in accordance with the most comprehensive privacy regulations and procedures applicable to us, including the Personal Information Protection Act (British Columbia).

This Privacy Policy describes how we collect, use, share and store User Information as a result of your (“user”, “you” or “your”) access and use of our website located at https://benjipays.com/ (the “Site”), and our payment management platform accessible thereon (the “Platform”, and collectively with the Site, the “Services”), whether you access the Services as a Merchant, an End Customer, an Authorized User, and/or a visitor to the Site.

1. Definitions

“Aggregated Information” means information that has been made anonymous or aggregated so that it can no longer be used to identify an individual, whether in combination with other information or otherwise.

“Authorized User” means an employee, contractor, representative or agent of a Merchant or End Customer that accesses or uses the Platform.

“Contact Information” means information to enable an individual at a place of business to be contacted (e.g., name, position name or title, business telephone number, business address, business email or business fax number).

“End Customer” means a customer or client of a Merchant who may receive access to certain links to manage its accounts with the Merchant through the Platform (the “Access Links”), including: (a) a link to provide payment details; (b) a link to pay a Merchant invoice; and (c) a link to log-in to a Merchant’s customer portal on the Platform.

“Merchant” means a business that has connected its accounting software to the Platform.

“Personal Information” means information about an identifiable individual (e.g., name, address, e-mail address, phone number). Personal Information does not include: (a) Aggregated Information; or (b) Contact Information.

“process” or “processing” means any action that a person can take with respect to User Information, such as collecting, using, sharing, and altering User Information.

“User Information” means information that is provided by a user to the Services, or to which the user provides Benji Pays with access to, in each case, directly or indirectly, including: (a) Personal Information; (b) information from Merchant accounting software, CRM system, ERP system and/or other Merchant software system connecting to the Platform the (“Merchant System”); and (c) payment information relating to End Customers.

2. Why We Collect User Information

We may collect User Information for the following purposes (collectively, the “Purposes”):

(a) to provide our Services to you, including, as may be applicable:

(i) to contact you about updates to the Services;

(ii) with respect to Merchants:

(A) to create and manage your user account on the Platform; and

(B) to connect your Merchant System to the Platform;

(iii) with respect to End Customers, to send you Access Links;

(b) to respond to your communications with us;

(c) to provide you with our newsletter to inform you about our products and promotions;

(d) for internal statistical and operational purposes to better understand how our Services are used;

(e) to improve the security of our Services; and

(f) to carry out any other purpose which is disclosed to you and for which you consent, or as is otherwise permitted by applicable law.

3. What User Information We Collect

User Information that we collect may include the following:

(a) With respect to Merchants:

(i) first name, last name, phone number, address, email address, and password. This allows us to create and manage your user account;

(ii) information in your Merchant System, such as your customer details, invoices, credit memos, payments, chart of accounts, tax rates, currency rates, and payment methods types. This allows:

(A) us to link End Customers to the Platform so that you can utilize the Platform’s features and functions,

(B) you to choose which account applied payments should be deposited to in your Merchant System when record payments and other transactions; and

(C) us to report transaction information to you, and to administer your use of the Platform;

(b) With respect to End Customers, your User Information that is contained in the Merchant System, including, as may be applicable: first and last name, address, email address, business name, business address, invoices, payment method types, and any other User Information contained in the Merchant System. This allows us to operate the Platform and provide you with Access Links to facilitate payment management;

(c) with respect to all users, information on your use of the Services, such as usage analytics, web logs of user activity, IP addresses, and device identification. This allows us to better understand how our Services are used so that we can improve them; and

(d) with respect to all users, any other information that we may require in connection with updates to existing features and functions of our Services, or any additional features and functions. This allows us to provide you with updates and improvements to the Services from time to time.

For certainty, we do not collect or store credit card information. Any such information is collected and handled by our payment processors.

4. How We Collect User Information

There are three primary ways that we may collect User Information: (1) when you provide it to us through your access and use of our Services, and/or your communications with us; (2) when we receive it from a third-party source; or (3) when it is automatically collected through your access and use of the Services. We further describe these situations below:

(a) Provided by You. We may collect User Information:

(i) when you provide information to us through your access and use of our Services, such as filling out a form on our Site;

(ii) when you subscribe to our newsletter; or

(iii) when you otherwise communicate with us.

(b) Automatic Collection.

(i) Cookies. We may use cookies and similar technologies to track and analyze user activity in order to improve our Services and improve your experience. A cookie is a tiny element of data sent to your browser from a website. The cookie is stored on your hard drive so that your computer or other device may be recognized while you interact with the Site.

Most web browsers allow you to modify your settings to notify you when you receive a cookie or to reject cookies entirely. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. Your computer provides you with the ability to clear all cookies that have been stored onto your hard drive, should you wish to do so. However, please be aware that you may be unable to access certain parts of the Services if you block or disable our cookies. For more information about cookies, please see: https://www.allaboutcookies.org/.

(ii) Web Analytics. We may use web analytics services (e.g., Google Analytics) in order to better understand the user experience on our Site, including:

(I) how you reached our Site;

(II) the website you came from;

(III) how long you stayed on our Site;

(IV) what pages you looked at;

(V) how many pages you looked at;

(VI) what buttons you clicked;

(VII) what browser you are using; and

(VIII) what device you are using.

Any use of such analytics services by us will be governed by the terms of service of the web analytics provider and any contract between us and such provider. The analytics providers may collect your User Information when you access and use our Services. These third parties may set and access their own tracking technologies (including cookies and web beacons) and may otherwise collect or have access to your device identifier, site usage information, and related information about you.

If you do not wish to participate in web analytics, you may be able to download an opt-out browser add-on. Your web browser may also allow you to set a “Do Not Track” signal when you use online services. To learn more about “Do Not Track” signals, visit http://www.allaboutdnt.com/. You may also contact us at the “Contact Us” section below regarding any questions about web analytics services that we may use.

(iii) Third Party Data. We may also obtain User Information from third parties. We protect such User Information according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the User Information and applicable laws.

5. Consent for Processing User Information

We will not process your User Information without your consent, unless we are permitted or required to do so by applicable law. Consent may be express or implied, depending on the nature and sensitivity of the User Information. The type of consent we may rely on in processing your User Information will vary based on your reasonable expectations, the sensitivity of your User Information, and the circumstances surrounding the collection of your User Information. Express consent is when you willingly agree (e.g., orally, in writing, or electronic agreement) to the processing of your User Information for particular purposes. Implied consent is when: (a) you do not expressly give consent, but you rather volunteer User Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your User Information being processed for specified purposes, and you do not opt-out. For certainty, by accessing and using our Services, you consent to us handling your User Information in accordance with this Privacy Policy.

6. Disclosure of User Information

(a) Service Providers. We may provide your User Information to third-party service providers in order to help us fulfill the Purposes. For example, we may use third-party service providers to help us process payments, analyze usage of our Services, track the effectiveness of our marketing strategies and communications, assist with the prevention, detection and investigation of potentially illegal acts and security breaches, collect and process error and crash reports, and store data. If we provide your User Information to service providers, we limit the information to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality and security of such information.

(b) Corporate Transactions. We may also disclose or transfer your User Information to affiliates or third parties in the event of a proposed reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements.

(c) Legal Disclosure. We may disclose User Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Benji Pays will have no liability associated with any such disclosures made in good faith.

(d) International Transfer and Storage. User Information may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using our Services, and otherwise providing us your User Information, you consent to the transfer of your User Information to countries outside of your country of residence, which may have different data protection rules than in your country. While such information is outside of the Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your User Information will at all times continue to be governed by this Privacy Policy.

7. Retention of User Information

We will retain User Information only as long as necessary to: (a) fulfill the Purposes; (b) protect our legal rights; and (c) comply with applicable law. We will securely delete or anonymize the User Information once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of any such disposal of User Information.

8. Security of User Information

The security of your User Information is important to us, and we strive to implement and maintain reasonable and commercially acceptable security procedures and practices appropriate to the nature of the User Information we collect, use and store. We protect your User Information using appropriate technical and organizational measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration of User Information. Such measures include: (i) traffic encryption using standard SSL certificates over HTTPS; (ii) encrypted storage and access; and (iii) security scans and penetration testing of our Platform. We take steps designed to ensure that only those employees who need access to your User Information to fulfil their employment duties will have access to it. While we maintain a strong system of data protection, no method of transmission over the Internet is 100% secure. Therefore, we cannot guarantee its absolute security. We encourage you to also take steps to protect User Information by, for example, closing all web browsers after using our Services.

9. Certain Rights Relating to Personal Information

(a) General. You have certain rights relating to your Personal Information, subject to applicable law:

(i) Right to be Informed. To know how your Personal Information is collected, how it is used, and how it is disclosed and stored. This further includes:

(A) Right to Withdraw Consent. To withdraw your consent to the processing of your Personal Information at any time. Please be advised that withdrawing your consent to the processing of Personal Information may impact our provision of the Services. For further information on this, please contact our Privacy Officer as provided in the “Contact Us” section below.

(B) Right to Make a Complaint. To make a complaint about the processing of your Personal Information.

(ii) Right to Access. To receive a copy of your Personal Information.

(iii) Right to Rectification. To request correction of your Personal Information.

(b) Exercising Your Rights. If you would like to exercise your rights listed above, please refer to our “Contact Us” section below. When doing so, please tell us which right you are exercising and provide us with contact information to direct our response. We may verify your identity before fulfilling requests to exercise any applicable rights. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for the purposes of verifying your identity will solely be used for the purpose of verification.

10. Third-Party Materials

This Privacy Policy addresses the handling of User Information that we collect from you. If you disclose your User Information to others, or if you engage any a third-party sites or services, such third-party’s privacy notices and practices will apply. Occasionally, we may include or offer third-party products, services, links and/or applications through our Services (collectively, the “Third-Party Materials”). These Third-Party Materials are not owned, maintained, operated or controlled by Benji Pays. We cannot guarantee the privacy or security of your User Information once you provide it to a third-party and we encourage you to evaluate the privacy and security policies of each such third-party before any such engagement or disclosure. Benji Pays is not responsible for Third-Party Materials and does not make any representations, warranties or guarantees regarding the content or the privacy practices of such third parties. For certainty, Benji Pays disclaims any liability associated with your access to, use of, download of, or reliance on, such Third-Party Materials and their content. If you decide to access, use or download any such Third-Party Materials, you do so at your sole risk.

11. Opting-Out of Communications

To opt-out from receiving our newsletters, or certain other communications from us through your use of the Services (the “Communications”), you may either contact us as provided in the “Contact Us” section below, or, if applicable, click the “Unsubscribe” link in the relevant Communication. Please note that certain Communications may be necessary for the proper functioning and use of the Services, and opting out of those Communications may prevent the proper use of the Services.

12. Information About Other Persons

Before providing any information to us on behalf of another person, or otherwise granting us access to information belonging to another person, in each case, you represent and warrant that you have received all necessary authorizations to do so. Do not provide us with any information, or access thereto, on behalf of another person if you do not hold all such authorizations to do so.

13. Children’s Privacy

We do not knowingly collect or solicit any Personal Information from children. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that data.

14. Changes to Privacy Policy

We may amend this Privacy Policy from time to time, so please review it periodically. Unless otherwise provided by us, any amendments to this Privacy Policy will be effective upon posting to our Site. Your continued use of our Services after we post any amendments to the Privacy Policy will constitute your acceptance of the amendments and your consent to abide and be bound by the amended Privacy Policy.

15. Interpretation

All references to “including” herein will be construed as meaning “including without limitation”. All references to “person” herein mean an individual, firm, estate, partnership, company, corporation, trustee, association or any public or private entity. Words importing the singular include the plural, and vice versa, and words importing a particular gender or neuter include both genders and neuter. The descriptive headings contained herein are included for convenience of reference only and will not affect in any way the meaning or interpretation of this Privacy Policy.

16. Contact Us

If you have any questions about this Privacy Policy or wish to exercise any applicable rights, you may contact our Privacy Officer at: support@benjipays.com.