NAYAX Capital

Privacy Policy 

[Last Updated: June 2024]

Welcome to NAYAX Capital  operated by IoT Capital Technology Holdings Ltd., a NAYAX affiliate and business partner (“NAYAX Capital”, “Company”, or “us”). NAYAX Capital is committed to your right to privacy. This Privacy Policy (the “Privacy Policy”) is an integral part of our applicable Terms and Conditions in each jurisdiction and governs the processing and transfer of data collected in connection with our services, including the Capital Solutions (as such term is defined in the Terms and Conditions applicable in each jurisdiction) (“Services“) offered by us to Nayax Customers (the “User” or “you”) using the Services.

NAYAX Capital is part of the Nayax group that includes Nayax Ltd. and affiliated companies (“NAYAX Group”). In addition to this Privacy Policy and the applicable Terms and Conditions, other terms may apply to you, with respect to the services you subscribed to, as indicated in the applicable agreement executed between you and the relevant Nayax group entity and as specified in Nayax’s General Privacy Policy.

This Privacy Policy explains what information we may collect, how such information may be used or shared with others, how we safeguard it and how Users may exercise their rights related to their Personal Information (as such term is defined below), among others, according to the California Consumer Privacy Act (“CCPA”), where applicable.

If you choose to use, interact with, register or provide data to us or through the Services you explicitly agree to the use of such data in accordance with this Privacy Policy. You may not use the Services or submit any data through the Services if you do not agree to any of the provisions hereunder. This Privacy Policy shall not be construed in any manner to derogate from the Terms and Conditions applicable in each jusridictions, or any other agreement made by and between NAYAX Capital or NAYAX and you. Any terms used herein and not defined shall have the meaning ascribed to them in the applicable  Terms and Conditions. 

THE HIGHLIGHTS:

• • You are not required by law to provide us with any Personal Information. Sharing Personal Information with us is entirely voluntary although we do receive certain Personal Information about you from Nayax.
  • Our Services are intended for Users over the age of 18. If you are under such age you should cease to use the Services immediately.
  • You may be entitled to request to review, access, amend, erase or restrict the processing of your Personal Information, pursuant to applicable law. Please note that in case you request to erase or restrict the processing of your Personal Information, your use of the Services may be restricted. 
  • We do not sell, trade, or rent Users’ Personal Information to third parties. We only share Personal Information with third parties in connection with the provision of the Services to our Users, or other limited circumstances specified herein.
  • If you have any questions or requests regarding the processing of your Personal Information, or would otherwise like to contact us in connection with this Privacy Policy, please send us an email to: privacy@nayax.com. 

1.  What is Personal Information and what data is collected about me by NAYAX CAPITAL ?“Personal Information”, means any information which identifies or can be used to identify a natural person,  including, but not limited to, first and last name, phone number, email address, online identifiers, IP address, billing information (such as credit card number), information concerning households, devices etc. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA
   
   “Non-Personal Information”  as opposed to Personal Data, non-personal data, or anonymized data, is information which does not identify a specific natural person and cannot reasonably be used for such identification. This type of information includes for example aggregate or statistical data, technical information transmitted from your device such as type of browser and operating system, language preference, referring and exit pages and URLs, time and date stamp, and amount of time spent on particular page.
   
   Personal Information is only used for limited purposes, as specified below.

   Type of user and type of Data	Purposes of Processing	Lawful Basis
   Registration of new Users to the Services  In order to use the Services, you will be asked to create an account and provide with Personal Information, such as your name, email address, phone number and business information related to your NAYAX devices, such as number of units, products offered by you, etc. This information is provided by you when registering the Services and creating an account to use the Services.	–    To onboard a User to our Services and sign-up registration and provide with a bespoke funding offer; –    To resolve any disputes, communicate with you regarding customer service and support issues, and to respond to questions or comments and help resolve any problems. –    To provide updates with respect to material changes to this Privacy Policy or our Terms and Conditions, applicable in each jurisdiction. To improve the Services, and to develop new features, products and services.	In order to take steps at the request of the User prior to entering into a contract.
   Receive a funding offer from NAYAX Capital In order to utilize the bespoke funding offer provided to you by us when you purchase at NAYAX’s eComm website, we will receive from NAYAX (unless you express your objection to NAYAX beforehand) , the following data about you and your business: information about transactions associated with your machines (machine IP & latitude), billing reports, machines, devices, geo location (country, state, zip-code), as well as your name, address, contract and your outstanding balance.  Note, most of the data above is associated with businesses (b2b), in certain cases it will be associated to sole traders/individuals. In both cases, we treat the Personal Information in accordance with this Privacy Policy.  This information is provided by NAYAX  Please note, in certain cases we will be required to conduct a risk evaluation in order to determine the funding terms. For such purpose, and subject to your explicit approval, we will require visibility to your bank statements, existing loans and debts, and credit score. This done through access to your personal and business credit bureau assessment.	To provide the Services, and offer you with a customized funding offer.	1.     NAYAX CAPITAL receives the Personal Information from NAYAX based on the legitimate interests of NAYAX CAPITAL in developing its business and expanding its offerings to customers. This is also the legal basis of NAYAX CAPITAL’s use of this information to call you with a funding offer. 2.    If you are in the European Economic Area other than the UK or France, the legal basis of NAYAX CAPITAL’s use of your information to send you marketing emails and SMS about the funding offers is your consent, which you can provide as explained below. 3.     If you are in the UK or France, the legal basis of NAYAX CAPITAL’s use of your information to send you marketing emails and SMS about the funding offers is the legitimate interests of NAYAX CAPITAL in developing its business and expanding its offerings to customers. 4.    To fulfil our legal obligation.
   Performance of the Services Once we provided you with a funding, we will keep processing the information above, as well as, any information associated with your remaining payments, debts, purchased devices, etc.	To provide the Services, and offer you with a customized funding offer. To improve the Services, and to develop new features, products and services.	1.    Necessity of processing for the purposes of the legitimate interests of NAYAX CAPITAL . 2.    To perform the contract which the User is a party. 3.      To fulfil our legal obligation.
   Technical Information and Online Identifiers We collect technical information transmitted by your device when using the Services. Such information includes type of operating system, type of the device used to access the Services, date and time stamp, language preference, device ID, IP address, advertising ID (android), IDFA (apple advertising ID) and user’s actions within the Services. This information is collected automatically via your use of the Services.	–    To identify authorized users of Customer. –    To access and use the Services. –    To resolve any disputes, communicate with you regarding customer service and support issues, and to respond to questions or comments and help resolve any problems. –    To improve the Services, and to develop new features, products and services.	1.       Necessity of processing for the purposes of the legitimate interests of NAYAX CAPITAL . 2.       To perform the contract which the User is a party.
   Contact us When you submit a customer-service request or using the “contact us” feature, you may be asked to provide personal information depending on the activity or request. For example, by placing a message in the “contact us” form we will collect your full name, email, mobile number, country, company and the content of your message.	–    To answer your queries and provide you with the services you requested from us. –    To improve the Services, and to develop new features, products and services.	1.       Necessity of processing for the purposes of the legitimate interests of NAYAX CAPITAL . 2.       To perform a contract we may have with you. 3.       To fulfil our legal obligation.

   In addition, we may use certain Personal Information to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the website or the Services and to enforce the Terms and Conditions, applicable in each jurisdiction, as well as to protect the security or integrity of our databases, website and the Services, and to take precautions against legal liability. Additionally, we may also use Personal Information to comply with any applicable law and assist law enforcement agencies and competent authorities, when we have a good faith belief that our cooperation with them meets the applicable legal standards. All the above processing is based on out legitimate interests or legal requirements.
   Non-Personal Information, aggregate and statistical or otherwise anonymized data may be shared without limitation with third parties at our discretion. This information does not contain Personal Information and is used to develop content and services for our Users.

2. Will NAYAX CAPITAL  Share my Personal Information?
   
   We share Personal Information only under the following limited circumstances:
   • With third parties who assist us in operating the Services – conducting our business, expanding our business or servicing you, and for personalizing your experience of the Services, such as cloud hosting services, risk analysis services, etc. These also include distributers, resellers and business partners (“Partners“), a full list of our Partners is available here.
   • Within the Nayax group – We also share certain Personal Information within the Nayax group, where certain affiliated companies provide services to assist others entities in the group in the provision of our services. For example, Nayax Ltd. headquarters the group’s activities, and may have access to Personal Information collected by its subsidiaries.
   • In the event of a corporate transaction – (e.g., sale of a substantial part of our business, merger, consolidation or asset sale). In such case, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy
   • For legal purposes – To comply with a legal requirement, for the administration of justice, to protect your vital interests or the vital interests of others, to protect the security or integrity of our databases or the Services, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.
3. Will NAYAX CAPITAL transfer my Personal Informationinternationally?
   
   NAYAX CAPITAL  is a global company with offices all over the world. Our databases are located currently in US, EU and Australia. Some of our processing activities are made in Israel. International transfers of data are done with appropriate measures to ensure that your Personal Information receives an adequate level of protection as required under applicable law. 
   
   Users’ rights with respect to Personal Information
   
   Depending on your jurisdiction, data protection and privacy laws provide you with the ability to exercise certain rights regarding your Personal Information that we process. Please note that, unless you instruct us otherwise, we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements. If you object to the aforesaid collection, use and sharing of data, please immediately cease using the Services.
   
   Data subject rights include (depending on your jurisdiction and applicable law):
   • the right to receive confirmation whether or not we process your Personal Data;
   • the right to access your Personal Data and receive a copy of the Personal Data that we hold.
   • the right to rectification of your Personal Data;
   • the right to erasure of your Personal Data.
   • the right to restrict processing of your Personal Data.
   • the right to object to processing of your Personal Data;
   • the right to data portability.
   • the right to lodge a complaint to a supervisory authority; and
   • the right to withdraw consent to processing of Personal Data.

   
   To assert any of these rights, which applicable to you, please contact us at: privacy@nayax.com.
   
   For more information about your rights under the CCPA, please see below.
   
   We may request additional information from you when you contact us with a request concerning your data subjects’ rights in order to: (i) verify your identity; (ii) determine the applicable laws; (iii) and locate your data.

    

4. Will I receive SPAM from NAYAX CAPITAL ?
   
   We may send you email or SMS communications, with information on new products, features, activities, services and periodic announcements or newsletters (“Marketing Materials”). If you are located in in the European Economic Area other than the UK or France, we will not send Marketing Materials to you unless you have approved the receipt of such materials, by subscribing to our newsletter and Marketing Materials. In case you have agreed to receive Marketing Materials and wish to rescind your consent, or if you otherwise do not want to receive further marketing messages, you may do so at any time by clicking “Unsubscribe” on the relevant communication or by contacting us at: privacy@nayax.com.
5. Is Personal Information regarding children collected by us?
   
   Our Service is a general audience Services which is not directed to persons under 18 years old or equivalent minimum age for providing consent to processing of Personal Information in the relevant jurisdiction (“Child”). We do not knowingly collect or solicit Personal Information from a Child. If we become aware that a Child has provided us with Personal Information, we will delete such data from our databases.
6. How does NAYAX CAPITAL  protect your data?
   
   We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information in accordance with the applicable law.b However, these measures are unable to provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed and you cannot reasonably expect that the Service and its related databases will be immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.
7. Questions or concerns regarding privacy
   
   If you have any questions or concerns regarding privacy issues, please send us a detailed message to: privacy@nayax.com and we will make every effort to resolve your concerns without delay.
   
   NAYAX CAPITAL may, at any time and from time to time, modify this Privacy Policy. Modifications to this Privacy Policy will be posted on the website and shall be effective as of the date in which they are posted on the website.
8.  PRIVACY NOTICE FOR CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT
   
   We have set out above the categories of Personal Information about California residents that we collect. As noted below, we do not sell your Personal Information or disclose it to third parties for a business purpose. We may disclose each of these categories of personal information to our service providers, who are not permitted to use your Personal Information except as necessary for performing Services on our behalf. We collect these categories of Personal Information from the sources and for the purposes described above. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. Please note that the CCPA defines the term “sale” very broadly to include any exchange of data for consideration of any kind, not simply selling your data for monetary compensation.
9. CALIFORNIA CONSUMER RIGHTS
   
   California law grants consumers certain rights and imposes restrictions on particular business practices as set forth below. California consumers have the right to request that we disclose what personal information we collect, use, disclose, and sell about you.
   • Right to Opt-out of Sale of Personal Information (“Do Not Sell”)

   
   California residents have the right to opt-out of our sale of their personal information. We do not sell your Personal Information to other businesses or third parties. However, because of how broadly “sale” is defined under the CCPA, the collection of data by our third-party digital advertising and web analytics service providers for our targeted advertising and analytics purposes may be considered a “sale” under the CCPA. To not have your information shared with such parties, you may manage your cookie preferences through our  cookie widget web page.
   

   • Requests for Copy, Deletion and Right to Know

   
   Subject to certain exceptions, California consumers have the right to make the following requests, at no charge, up to twice every 12 months. Please see below information on how to exercise your right.
   
   Deletion: the right to request deletion of personal information that we have collected about you, subject to certain exemptions.
   Copy: the right to request a copy of the specific pieces of personal information that we have collected about you in the prior 12 months.
   Right to Know (Collection): Where we have collected personal information about you, the right to request that we disclose certain information about how we have handled your personal information in the prior 12 months, including: the categories of personal information collected; categories of sources of personal information; business and/or commercial purposes for collecting and selling your personal information; and the categories of third parties/with whom we have disclosed or shared your personal information.
   
   Right to Know (Collection): Where we have collected Personal Information about you, the right to request that we disclose certain information about how we have handled your Personal Information in the prior 12 months, including: the categories of Personal Information collected; categories of sources of Personal Information; business and/or commercial purposes for collecting and selling your personal information (if applicable); and the categories of third parties/with whom we have disclosed or shared your personal information.
   
   Right to Know (Disclosure and Sale): Where we have sold or disclosed for a business purpose your Personal Information, the right to request that we disclose certain information about how we have handled your Personal Information in the prior 12 months, including: the categories of Personal Information collected; categories of third parties to whom your Personal Information has been sold and the specific categories of personal information sold to each category of third party (if applicable); categories of third parties to whom Personal Information has been disclosed; and the categories of Personal Information that we have disclosed or shared with a third party for a business purpose.
   
   Submitting Requests: You can exercise your rights by emailing us at: privacy@nayax.com. Once you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the Personal Information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or if you have created an account on our Services, we may ask you to sign into your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request where we are satisfied that we have verified your identity to an appropriate degree of certainty. We will make every reasonable effort to respond to you within 45 days after we receive a verified request. If we are unable to meet this timescale, we will contact you to let you know why it will take more than 45 days and respond as soon as possible over the next 45-day period.

10. INCENTIVES AND DISCRIMINATION
    
    The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information. We do not currently offer financial incentives for the collection of personal information. If consumers exercise their rights under CCPA, businesses may not discriminate against them including by denying or providing a different level or quality of goods or services or charging or suggesting that a business will charge different prices or rates or impose penalties, unless doing so is reasonably related to the value provided to the consumer by the consumer’s data.
11. NEVADA RESIDENTS
    
    We do not sell your personal information as defined under Nevada law. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us at privacy@nayax.com

CONTACT US

If you have any questions about this Privacy Policy, you may contact us as follows:

By sending our privacy team email at: privacy@nayax.com.

By regular mail at:

NAYAX Capital (IOT Capital)

Address: 3 Arik Einstein, Herzliya, Israel. 

List of Nayax Capital’s Local Distributers and Resellers