AMBERPAY’S DATA PROTECTION AND PRIVACY POLICY
By using the Amber Pay product and services you agree and consent to this Data Protection and Privacy Policy.
1. Personal Information We May Collect
2. “Personal Information” means any information relating to an identified or identifiable individual.
3. We may collect the following categories of Personal Information:
3.1. Transaction information, such as personal account number, the merchant’s name and location,
the date and the total amount of the transaction, and other information provided by financial
institutions or merchants when we act on their behalf.
3.2. Product and service information, such as registration and payment information, and program-specific information, when you request products or services directly from us, or participate in
marketing programs.
3.3. By using Amberpay’s products and services you consent to Amber Pay sharing your personal
data for marketing purposes with our affiliate companies, and subsidiaries of Amber Group
Limited. You can always opt out of this arrangement by sending an email to
support@amberpay.com with your request.
3.4. Website, device and mobile app usage, and similar information collected via automated means,
such as cookies and similar technologies.
3.5. Job applications and related information when you apply for a job with us.
3.6. Business contact information when you work for one of our business partners.
Personal Information We Receive from Financial Institutions, Merchants, and Other Partners in
Connection with Amberpay’s Products or Services
4. As a processor of payment transactions and provider of related services, we obtain a limited amount
of information in connection with your payment transactions such as the personal account number,
the merchant’s name and location, the date and the total amount of the transaction.
5. In addition, for certain products and services, your financial institutions, the merchants where you
make a transaction or other partners may provide us with more information about you, or we may
collect it directly from you to provide you with those products and services on their behalf, support
their business or perform processing activities on their behalf.
6. In the above situations, we act on behalf of and under the instructions of financial institutions,
merchants and other partners which act as data controllers. Unless otherwise authorized by law, we
will process your Personal Information to process payment transactions or for the purposes agreed
between Amber Pay and the financial institutions, merchants and other partners. Please refer to
their respective privacy policies for more information regarding the processing of your Personal
Information.
7. Personal Information We Collect when Providing Amberpay’s Products and Services Directly to
You
8. Amber Pay may provide you directly with products and services such as marketing programs,
rewards programs, and biometric authentication tools (See clause 3.3). To benefit from one or more of these
products and services, you can submit information to us directly via various means including: (i) on
our websites, (ii) in response to marketing or other communications, (iii) by signing up for an Amber
Pay product or service, or (iv) through your participation in an offer, program or promotion. We may
also obtain Personal Information about you through your use of our products or services, from
companies that use or facilitate our products or services, from publicly available sources, or from
third party partners. Your Personal Information may also be passed on to us by your financial
institution, merchant or other business partners.
9. Below is an overview of the types of Personal Information we may collect in relation to programs we
offer directly to you.
10. Registration and payment information: We may collect identifiers and your contact information
(such as name, email address, phone number, billing or shipping address), authentication
information (e.g., username and password), age, date of birth, gender and family status, language
preferences, payment details, personal account number, commercial information, such as
merchant’s name and location, date and total amount of the transactions, card expiration date and
card verification code.
11. Information we process to provide you with the program: We may collect different types of
Personal Information depending on the program. For example, programs designed to offer you
location-based services will typically require the collection of your address or geolocation data.
Programs within our payment solutions may require the collection of your financial account
information. Similarly, programs designed to allow you to authenticate for example, via facial or
fingerprint recognition may require the processing of your photograph and/or biometric
information. All these programs are voluntary, and your Personal Information is only collected if you
subscribe to such programs.
12. Other information you choose to provide: You may choose to provide other information, such as
different types of content (e.g., photographs, articles, comments), contact information of friends or
other people you would like us to contact, content you make available through social media
accounts or memberships with third parties, or any other information you want to share with us, for
example when you contact customer service.
13. In addition, we may collect or use Personal Information for fraud prevention and monitoring, risk
management, dispute resolution and other related purposes. Such information may include
identifiers, commercial information, and Internet or other electronic network activity information,
such as the personal account number, merchant’s name and location, date and total amount of the
transactions, IP address, credit information, location data, merchant details, items purchased and
information about the dispute.
Personal Information We Obtain from Your Interaction with Amber Pay’s Ads, Websites, Apps or
Other Digital Assets
14. We, our service providers and partners may collect certain information about you via automated
means such as Internet or other electronic network activity information, cookies, and web beacons
when you interact with our ads, mobile apps, or visit our websites, pages or other digital assets. The
information we collect in this manner may include: IP address, browser type, operating system,
mobile device identifier, geographical area, referring URLs and information on actions taken or
interaction with our digital assets. A “cookie” is a text file placed on a computer’s hard drive by a
web server. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is a technology
that helps us identify when content has been accessed or visited.
15. We use this information to improve our online products and services by assessing how many users
access or use our online products and services, which content, products and features of our online
products and services most interest our visitors, what types of offers our customers like to see and
how our online products and services perform from a technical point of view. For instance, we may
use third-party web analytics services on our websites and mobile apps. The analytics providers that
administer these services use technologies such as cookies and web beacons to help us analyze how
visitors use our websites and apps.
16. We, our service providers and partners may also collect information about you in connection with
our marketing activities, including offers and promotions (See clause 3.3). The information collected for these
purposes may include identifiers and your contact information (e.g., name, postal address, email
address, phone number), electronic identification data (e.g., username, password, security
questions, IP address), and data collected in the context of online marketing programs, including
commercial information, Internet or other electronic network activity information, geolocation data,
and inferences drawn from Personal Information (e.g., personal characteristics, life habits,
consumption habits, interests, location data, and voice and image recordings).
17. We, our service providers and partners may also collect information about you to provide you with
content and advertising tailored to your individual interests based on inferences drawn from
Personal Information. The information collected for these purposes may include Internet or other
electronic network activity information, such as details about things like the particular pages or ads
you view on our websites and apps and the actions you take on our websites and apps.
18. We, our service providers and partners may collect certain information about you via automated
means such as, social media tools, widgets or plug-ins to connect you to your social media accounts.
These features may allow you to sign in through your social media account, share a link or post
directly to your social media account. When you visit a website that contains such tools or plugins,
the social media or other service provider may learn of your visit. However, your interactions with
these tools are governed by the privacy policies of the corresponding social media platforms. As we
do not control these third-parties’ data handling practices, we recommend that you review their
privacy policies, terms of use, and license agreements (if any).
19. In addition, some of our online products and services include advanced fraud prevention technology
using behavioral-based data or biometric information, such as keystroke timing, device
accelerometer, scroll position and mouse-location.
20. Applicable law means the Data Protection Act of Jamaica and any regulations made thereunder.
21. Where required under applicable law, we obtain your consent prior to using the above automated
means, and prior to sending you marketing communications, tailored content and advertising.
Personal Information We Collect in the Context of Our Business Relationship with Financial
Institution, Merchant or other Entity Partnering with Amber Pay
22. We may collect Personal Information from individuals working for one of our business partners
(including financial institutions, merchants, customers, suppliers, vendors and other partners),
including identifiers, name, job title, department and name of organization, business email and
postal addresses, business telephone number, queries, answers to security questions, security
passwords and other credentials. We may use this information to provide products and services
directly to financial institutions, corporate clients, merchants, customers and partners, to manage
our business relationships and financial reporting, for transparency and integrity, to protect us from
financial crime, to improve our service, for marketing and to comply with applicable law, as well as
for accounting, auditing and billing purposes.
How We May Use Your Personal Information
23. We May Use Your Personal Information to:
23.1. Process your payment transactions.
23.2. Protect against and prevent fraud, and other legal or information security risks.
23.3. Provide our Open Banking solutions.
23.4. Provide and communicate with you about products and services offered by Amberpay,
financial institutions, merchants and partners.
23.5. Provide you with personalized services and recommendations.
23.6. Operate, evaluate and improve our business, including anonymization and analytics.
23.7. Process your job application.
23.8. Serve other purposes for which we provide specific notice at the time of collection, and
as otherwise authorized or required by law.
23.9. Generate anonymized and aggregated data to prepare insights to advise Amberpay’s
customers and partners regarding spending patterns, fraud and other trends.
23.10. Learn more about you, including your preferences or other characteristics. We treat
these inferences as Personal Information where required under applicable law.
24. Where required under applicable law, we will only use your Personal Information with your consent;
as necessary to provide you with products and services; to comply with a legal obligation; or when
there is a legitimate and overriding interest that necessitates the use.
25. We may use Personal Information we obtain about you for the purposes set out below. Depending
on the country in which you are located, we will only process your Personal Information, when we
have a legal basis for the processing.
Processing activity
Legal Basis for Processing (where required under applicable law):
26.1. Process your payment transactions (including authorization, clearing, chargebacks and
other related dispute resolution activities).
26.2. In most cases, we process your payment transactions as a processor on behalf of your
financial institutions, merchants and other partners which act as data controllers. When
we act as a processor, controllers are responsible for ensuring a legal basis for the
processing of your Personal Information.
27. In some limited cases (e.g., chargebacks), we may process your payment transactions as a data
controller, provided that:
27.1. You consented to the use of your Personal Information; or
27.2. The processing is necessary for entering into, or performance of a contract to which you
are party; or
27.3. The processing is necessary for compliance with a legal obligation or other regulatory
obligations.
27.4. Protect against and prevent fraud and cyber threats, unauthorized transactions, claims
and other liabilities, and manage risk exposure and franchise quality with respect to the
integrity and security of our payments network.
28. When we process Personal Information for fraud and cyber threat prevention, we may act as a
controller or as a processor.
29. When we act as a controller, we rely on one of the following legal grounds:
29.1. You consented to the use of your Personal Information; or
29.2. The processing is necessary for compliance with a legal obligation or other regulatory
obligations; or
29.3. The processing is necessary for entering into, or performance of a contract to which you
are party; or
29.4. We, or a third party, have a legitimate interest in using your Personal Information for
the purpose of protecting against fraud, securing our network and the payment
transactions that we process.
29.5. We, or a third party, have a legitimate interest in using your Personal Information for
such purpose (e.g., detecting fraud risks or resolving disputes).
29.6. In some cases, we provide our Open Banking solutions as a processor on behalf of your
service provider, merchants and other partners which act as data controllers. When we
act as a processor, controllers are responsible for ensuring a legal basis for the
processing of your Personal Information. Please refer to their respective privacy policies
for more information regarding the processing of your Personal Information in these
contexts.
How We Share Your Personal Information
30. We May Share Personal Information with:
30.1. Amber Pay’s affiliates and other entities within Amber Pay’s group of companies (see clause 3.3).
30.2. Service providers acting on our behalf.
30.3. Other participants in the payment ecosystem, including financial institutions, and
merchants.
30.4. Other participants in the Open Banking ecosystem, including financial institutions,
merchants and third parties.
30.5. Third parties for fraud monitoring and prevention purposes, or other purposes required
by law.
30.6. Third parties whose feature you use in connection with our products and services or
with your consent.
30.7. Other entities as required under applicable law or in the event of a sale or transfer of
our business or assets.
31. We do not disclose Personal Information we collect about you, except as described in this Data
Protection and Privacy Policy, as disclosed to you at the time of data collection or as described in our
program specific privacy notice. Please see the “Data Transfers” section below to understand how
we comply with applicable cross-border data transfer rules.
32. We may also share your Personal Information:
32.1. With financial institutions and other entities that issue payment cards or merchants to
process payment transactions and perform other activities that you request.
32.2. With entities that partner with Amber Pay or assist Amber Pay in providing its products
and services, for fraud prevention and monitoring and third party identification
services, to ensure the security of transactions and our payment processing system.
32.3. With other participants in the Open Banking ecosystem, including financial institutions,
merchants and other entities of your choice (e.g., your investment advisors).
32.4. When we act as a service provider for third parties and provide them with Personal
Information that we process on their behalf.
32.5. With our service providers who perform services on our behalf for the purposes
described in this Data Protection and Privacy Policy (or in the applicable program
specific privacy notice). We require these service providers by contract to only process
Personal Information in accordance with our instructions and as necessary to perform
services on our behalf or in compliance with applicable law. We also require them to
safeguard the security and confidentiality of the Personal Information they process on
our behalf by implementing appropriate technical and organizational security
measures and confidentiality obligations binding employees accessing Personal
Information.
32.6. With third parties whose features (e.g., third-party cookies, widgets, plug-ins) are
integrated in our products and services.
32.7. With social media networks when you directly engage with those platforms
With other third parties with your consent.
32.8. As required under applicable law or legal process, or to respond to requests from law
enforcement or governmental agencies.
32.9. When we believe disclosure is necessary to protect individuals’ vital interests, to enforce
our Terms of Use, prevent Amber Pay against harm or financial loss, or in connection
with an investigation of suspected or actual fraudulent or illegal activity.
32.10. In the event we sell or transfer all or a portion of our business or assets. Should such a
sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal
Information you have provided to us in a manner that is consistent with our Data Protection
and Privacy Policy. Following such a sale or transfer, you may contact the entity to which we
transferred your Personal Information with any inquiries concerning the processing of that
information.
Your Rights and Choices
33. Depending on your country, you may have the right or choice to:
33.1.Opt out of some collection or uses of your Personal Information, including the use of
cookies and similar technologies, the use of your Personal Information for marketing
purposes, and the anonymization of your Personal Information for data analyses
(See clause 3.3).
33.2. Access your Personal Information, obtain a copy of it, rectify it, restrict or object to its
processing, or request its deletion, destruction or anonymization.
33.3. Receive the Personal Information you provided to us to transmit it to another company.
33.4. Withdraw any consent provided.
33.5. Where applicable, lodge a complaint with your relevant supervisory authority or
regulator.
33.6. You, or a party authorized to act on your behalf, can exercise your rights by sending an
email to Us as provided in the “How to Contact Us” section below.
33.7. You have certain rights regarding the Personal Information we maintain about you and
certain choices about what Personal Information we collect from you, how we use it,
and how we communicate with you.
34. Please note that in order to use Amber Pay product and services you agree to supply the required
personal information that we request from You.
35. You can choose:
35.1. Not to provide Personal Information to Amber Pay by refraining from conducting
payment transactions or from submitting Personal Information directly to us. When we collect
Personal Information from you, we indicate whether and why it is necessary to provide it to us,
as well as the consequences of failing to do so. If you do not provide Personal Information, you
may not be able to benefit from the full range of Amber Pay products and services, and we may
not be able to provide you with the Amber Pay products or services if that information is
necessary to provide you with them, or if we are legally required to collect it in relation to the
provision of such product or service. You can also choose not to receive marketing material from
Amberpay or affiliates (see clause 3.3)
35.2. To opt out of the collection and use of certain information, which we collect about you
by automated means, when you visit our websites or use our apps you can exercise your choice
regarding the use of cookies and similar technologies by clicking on the ‘Manage cookies’
banner displayed in the bottom right corner of Amber Pay websites. Your browser may tell you
how to be notified of and opt out of having certain types of cookies placed on your device. Note
that without certain cookies you may not be able to use all of the features of our websites,
apps or online services. The aforementioned options may be restricted in certain jurisdictions.
35.3. To opt out of certain uses of information, which we collect about you by automated
means, when you visit third-party websites and interact with our ads. We may use service
providers to serve ads on those third-party websites. These ads may be customized and served
based on the use of data we and our partners have collected on our websites and apps. In
addition, some of our service providers and partners may collect information about your online
activities over time and across third-party websites to customize and serve these ads. Amber
Pay ads are sometimes delivered with icons that help consumers (i) learn more about how their
data is being used and (ii) exercise choices they may have regarding the use of their data.
Please click, where applicable, on the icon in our targeted ads to learn about your ability to opt
out or limit the use of your browsing behavior for advertising purposes. You may also exercise
your choice regarding the use of cookies and similar technologies by clicking on the ‘Manage
cookies’ banner displayed in the bottom right corner of our websites.
35.4. You can tell us not to send you marketing emails by clicking on the unsubscribe link
within the marketing emails you receive from us or by contacting us as indicated below (see
clause 3.3). You also may opt out of receiving marketing emails from Amber Pay. You can also contact Us at the
email below to opt out of receiving marketing emails.
36. To update your preferences, ask us to remove your information from our mailing lists or submit a
request to exercise your rights under applicable law, contact us as specified in the "How To Contact
Us" section below.
37. If we fall short of your expectations in processing your Personal Information or you wish to make a
complaint about our privacy practices, please tell us because it gives us an opportunity to fix the
problem. To assist us in responding to your request, please give full details of the issue. We attempt
to review and respond to all complaints within a reasonable time and as required under applicable
law.
Data Transfers
38. Amber Pay is a global business. We may transfer the Personal Information we collect about you to
recipients in countries other than Jamaica, including the United States. Some countries may not
have the same data protection laws as the country in which you initially provided the information.
When we transfer your Personal Information to other countries, we will protect that information.
39. We comply with applicable legal requirements when transferring Personal Information to countries
other than the country where you are located.
40. Depending on your country, you may contact us as specified in the “How to Contact Us” section
below to obtain a copy of the safeguards we use to transfer Personal Information outside of your
jurisdiction.
How We Protect Your Personal Information
41. We maintain appropriate security safeguards to protect your Personal Information and only retain it
for a limited period of time.
42. The security of your Personal Information is important to Amber Pay. We are committed to
protecting the information we collect. We maintain reasonable administrative, technical and
physical safeguards designed to protect the Personal Information you provide or we collect against
accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We use
SSL encryption on a number of our websites from which we transfer certain Personal Information.
43. We also take measures to delete your Personal Information or keep it in a form that does not permit
identifying you when this information is no longer necessary for the purposes for which we process
it, unless we are required by law to keep this information for a longer period. When determining the
retention period, we take into account various criteria, such as the type of products and services
requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete
some information from or about you, mandatory retention periods provided by law and the statute
of limitations.
Features and Links to Other Websites
44. Our websites may include links to other third-party websites, social media tools, widgets or plug-ins,
permitting sharing web content including IP address, with third parties and social media providers.
These social media providers may learn of your visit even if you are not logged in to your social
media account or if you do not have an account with them. To the extent any linked websites or
features you visit or use are not owned or controlled by Amber Pay, we suggest that you review
their own privacy notices or policies.
45. Our websites may provide links to other websites for your convenience and information. Our
website may also contain certain features for which we partner with other entities. These entities
may learn of your visit regardless of whether you use these features. These websites and features,
which may include social networking and geo-location tools, operate independently from Amberpay,
and are clearly identified as such. To the extent any linked websites or features you visit or use are
not owned or controlled by Amber Pay, we suggest that you review the privacy practices of the
websites.
46. Amber Pay offers you the possibility to share, link to, or mention things on social media about
Amber Pay’s products and services. For example, you may “like” an offer via your Facebook account,
or “tweet” an offer using Twitter. When you visit a website with a social media button, your browser
establishes a direct connection to that social media provider, and data concerning your visit,
including IP address, is transferred to the social media provider. If you have an account with the
social media provider, the provider may link your visit to your account, even if you are not logged
into this account.
47. You may also choose to use certain features on our websites that can be accessed through, or for
which we partner with, other entities that are not otherwise affiliated with Amber Pay. These
features, including geo-location tools, are operated by third parties and are clearly identified as
such. Social media providers such as Facebook and Twitter, and these other third parties, are
independent from Amber Pay and do not necessarily share the same policy as Amber Pay regarding
the protection of privacy. Please review their privacy notices if you decide to use their services and
consult your social media account settings if you want to deactivate certain features.
Children’s Privacy
48. Amber Pay’s products and services are not directed to, or intended for, children under the age of 18.
Updates to This Data Protection and Privacy Policy
49. This Data Protection and Privacy Policy may be updated periodically to reflect changes in our
privacy practices.
50. We will post a prominent notice on relevant websites to notify you of any significant or material changes to our Data Protection and Privacy Policy and indicate at the
top of the Notice when it was most recently updated. If we update our Data Protection and Privacy Policy, in certain circumstances, we may seek your consent.
How to Contact Us
51. You can e-mail our Privacy Office at support@amberpay.com. You may also submit a request to
exercise your rights to your Personal Information.
