DATA PRIVACY AND PROTECTION POLICY

This privacy declaration (hereinafter referred to as “Privacy Policy”) is applicable, inter alia, to (i) our websites https://www.eBanqo.com/, https://www.eBanqoChat.com/ and https://www.eBanqo.io/ (hereinafter referred to as the “Website”), (ii) visiting our offices and (iii) all (commercial) relations between eBanqo and its customers, prospects and business partners.

This Privacy Policy includes information about the personal data collected by eBanqo, how we collect said personal data, and the manner in which eBanqo uses and processes this personal data.

By accessing or using our services in any manner, which includes but not limited to, (visiting our websites, creating an account for the purpose of eBanqo Messenger Trial, creating an account in order to use eBanqo Services, subscribing to the newsletter and/or a seminar, webinar or event), you confirm to us your express approval (through disclosure of your personal information or opt-in) of the Privacy Policy and consequently how we collect, use and process your personal data.

You also indicate to us that you have read and accepted this Privacy Policy and consent to the data practices described in this Privacy Policy.

You agree that upon granting us your consent, you have the legal capacity to give consent and you are aware of your privacy rights and your option to withdraw your consent at any given time.

1. Personal Information

   When you create an account with us, order, or use any of our products or services, we collect personal data that you voluntarily provide during the account creation. eBanqo can collect and process the following personal data:

   1. Name
   2. Company name
   3. Designation
   4. Company address
   5. Email address
   6. Telephone number
   7. Google User name
   8. Password
   9. Information concerning your use of the Website, the eBanqo Messenger platform (hereinafter referred to as the “Platform”) and/or the eBanqo Messenger mobile application (hereinafter referred to as the “App”) (including, but not limited to IP address, browser type, the web pages you visited when you obtained access to the Website)
   10. The log-in details of your mobile device, as well as geographical location data (where appropriate)
   11. Photograph
   12. Communication preference; and
   13. All personal data freely provided to eBanqo (e.g., in consideration of correspondence with eBanqo).

   eBanqo also automatically collects anonymous information regarding your use of the Website and eBanqo services via the Platform and/or the App. As such, eBanqo shall, for example, automatically log which sections of the Website, Platform and/or App you visit, which web browser you use and which website you visited when you obtained access to the Website. We cannot identify you through these data, but it allows eBanqo to draw up statistical data regarding the use of the Website, the Platform and/or the App.

   Methods of personal data collection:

   Personal data is collected by us when you voluntarily provide data to us in the following contexts:

   1. Request a quote
   2. Create a (trial) account
   3. Collaborate with eBanqo
   4. Download the e-book
   5. Visit the Website
   6. Visit the offices of eBanqo
   7. Use eBanqo services, whether or not via the Website, the Platform and/or the App, and whether or not using a mobile device
   8. Subscribe to the newsletter and/or the blog (via the Website or not)
   9. You provide information after a request by us for the verification of your identity (e.g. when you contact customer support)
   10. Incoming and outgoing correspondence with eBanqo
   11. Communicate ideas to eBanqo with regards to improving the services, the Platform and/or the App
   12. exchange business cards with us ; and
   13. Make a connection between the Platform and social network platforms.

   The personal data collected by eBanqo are therefore expressly and voluntarily provided by you.

   We may also collect information automatically or passively via the use of cookies, where permitted, and mobile device unique identifiers on our Website. Please refer to the section on cookies below for further explanation on how we may use cookies.

   Use of personal data:

   eBanqo can use your personal data for the following legitimate business purposes:

   1. Registration of visitors when visiting the eBanqo offices
   2. Creating a (trial) account and confirmation thereof
   3. Performance of the agreement with eBanqo (including follow-up thereof)
   4. Providing eBanqo services, whether or not via the Website, the Platform and/or the App, and whether or not using a mobile device
   5. Providing technical support/assistance (e.g., in case of problems) to users or potential users
   6. Send targeted marketing and advertising, updates and promotional offers based on your communication preferences and – where applicable – upon explicit consent
   7. Issuing invoices and collecting payment
   8. Providing e-books, newsletters and/or blog
   9. Sending a confirmation upon subscription for a webinar, seminar, event
   10. Optimising the quality, management and content of the Website, the Platform and/or the App
   11. Creating statistics
   12. Drawing up a quote
   13. Conducting customer satisfaction studies, surveys and other market research; and
   14. Security of eBanqo offices.

   Please note that we may still use any aggregated and de-identified personal data for legitimate business purposes.

   We will ensure that all personal data disclosed by you and that is held by us will be collected, processed, and stored according to the following principles;

   1. Processed lawfully, fairly, and in a transparent manner
   2. Collected for specified, explicit, and legitimate business purposes and not further processed in a manner that is incompatible with those legitimate business purposes
   3. Adequate, relevant and limited to what is necessary
   4. Accurate and without prejudice to the dignity of human person
   5. Stored only for the period within which it is reasonably needed
   6. Kept in a form which permits identification of data subjects for no longer than is necessary
   7. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage and against all foreseeable hazards and breaches such as theft, cyberattack, viral attack, dissemination, manipulations of any kind, damage by rain, fire, or exposure to other natural elements

   Processing takes place on the following legal grounds, as the case may be:

   1. You have given consent to the processing of your personal data for one or more specific purposes
   2. Processing is necessary for the performance of the agreement with eBanqo or in order to take steps at your request prior to entering into an agreement
   3. Processing is necessary for compliance with a legal obligation to which eBanqo is subject
   4. Processing is necessary in order to protect your vital interests or of another natural person
   5. Processing is necessary for the performance of a task carried out in the public interest
   6. Processing is necessary for the purposes of the legitimate business interests pursued by eBanqo, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data (in particular when you are a child).

2. Data Minimization

   We limit Personal Information collection and usage to data that is relevant, adequate, and necessary for carrying out the purpose for which the data is processed. We will evaluate whether and to what extent the processing of Personal Information is necessary and where the purpose allows, anonymized data will be used.

3. Disclosure of personal data to third parties

   eBanqo shall not disclose your personal data to third parties, unless it is necessary in the context of providing eBanqo services and optimizing them (including but not limited to maintenance works, payment processing, the delivery of services to eBanqo (e.g. subcontracting) and database management). For clarity, your personal data may be disclosed to payment providers, software providers, cloud partners, data centers, external IT-consultants and service providers and you expressly agree to such disclosure. If it is necessary that eBanqo discloses your personal data to third parties in this context, the third party is required to use your personal data in accordance with the provisions of this Privacy Policy.

   Notwithstanding the foregoing, it is possible that eBanqo may disclose your personal data to the competent authorities that includes law enforcement agencies, public or tax authorities or other organizations for the following purposes:

   1. If eBanqo is obliged to do so under the law or under legal or future legal proceedings and/or to safeguard and defend our rights
   2. If eBanqo, or the majority of its assets, are taken over by a third party, in which case your personal data – which eBanqo has collected – shall be one of the transferred assets
   3. To enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof
   4. To detect, prevent or otherwise address security, fraud, or technical issues
   5. protect the rights, property, or safety of eBanqo, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction)
   6. For the purpose of identifying similar profiles to your own, except if you have expressly opted out in this respect

   In all other cases, eBanqo will not sell, hire out or pass on your personal data to third parties, except when it (i) has obtained your permission to this end and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of your personal data.

   Transfer of Personal Information to Foreign Country

   Where Personal Information is to be transferred to a country outside Nigeria, we shall put adequate measures in place to ensure the security of such Personal Information. We shall, among other things, confirm whether the country is on the National Information Technology Development Agency (“NITDA”) White List of Countries with adequate data protection laws. Transfer of Personal Information out of Nigeria would be in accordance with the provisions of the Nigeria Data Protection Regulation ("NDPR”). We will therefore only transfer Personal Information out of Nigeria on one of the following conditions:

   1. the consent of the Data Subject has been obtained;
   2. the transfer is necessary for the performance of a contract between us and the Data Subject or implementation of pre-contractual measures taken at the Data Subject’s request;
   3. the transfer is necessary to conclude a contract between us and a third party in the interest of the Data Subject;
   4. the transfer is necessary for reason of public interest;
   5. the transfer is for the establishment, exercise or defense of legal claims;
   6. the transfer is necessary to protect the vital interests of the Data Subjects or other persons, where the Data Subject is physically or legally incapable of giving consent.

   We will take all necessary steps to ensure that your Personal Information is transmitted in a safe and secure manner. Below are a few ways we ensure the protection of your data when transferring it to a foreign country:

   1. In order to protect from being intercepted or accessed by unauthorized parties, the data is going to be transferred in an encrypted form.
   2. It will also be transferred over a virtual private network (VPN) or other secure connection to prevent unauthorized access during transmission.
   3. Depending on the size and nature of the data, we can decide to transfer offline in a storage device.
   4. The data transfer operation is going to comply with relevant data protection regulations, such as the Nigerian Data Protection Regulation (NDPR) in Nigeria.
   5. We are also going to conduct a risk assessment before transferring the data to identify any potential risks and take steps to mitigate them.

4. Storage of personal data

   eBanqo’s standard data retention period is seven (7) years. However, there are exceptions which are determined by the following:

   • the contract terms agreed between eBanqo and a client, or as long as it is needed for the purpose for which it was obtained; or
   • whether the transaction or relationship has statutory implication or a required retention period ; or
   • whether there is an express request for deletion of the personal data by the Disclosing Party; or
   • whether eBanqo and/or the client have another lawful basis for retaining the information beyond the period for which it is necessary to serve the original objective.

5. Cookie Notice

   We may place small data files, called cookies, or similar technologies on your browser. A cookie is a small text file saved on your computer or mobile device when you visit a website. In some jurisdictions, we are not permitted to send cookies to the browser of a user without the prior consent of the affected user. In this case, we will seek such consent. The remainder of this section assumes that either the use of cookies is not restricted by applicable law, or if it is restricted that you have expressly and explicitly consent to the use of the cookies.

   In the cookie banner on the Website and in this notice, we will explain in clear and plain language the relevant details about their use. This includes where they are hosted, the lifespan of the cookie, and their purpose. This list is subject to change, and it may not include all such providers at any given time. The Website uses four types of cookies; strictly necessary, performance, functional and marketing, and analytics cookies. These include first and third-party cookies: first party cookies are set and controlled by eBanqo, while third party cookies are set and controlled by a third-party tool or service.

   The duration of a cookie varies: session cookies disappear from your computer or browser when you logout of your account or close your browser, while persistent cookies are stored even after you have closed the page. With the exception of Strictly Necessary Cookies, cookies will only be placed on your device and/or browser after you confirm or update your preferences through the cookie banner. If you decide to not allow opt-in cookies, the Website may not function as designed. For example, you may face issues logging in or retaining set preferences.

   You can accept or decline cookies by modifying your browser setting to decline cookies, if you prefer.

Even though we collect your data only for legitimate business purposes, your data stays your own.

We have established a system that facilitates the exercise of the following data subject rights by you:

1. Request access to your personal data (commonly known as a “data subject access request”): This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may notify you of our refusal to comply with your request in these circumstances. Where we have reasonable doubts concerning the identity of the natural person making the request for information, we may request the provision of additional information necessary to confirm the identity of the Data Subject. Kindly note the following:

   1. You may request, no more than twice in a 12-month period, access to the specific pieces of personal information we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for legitimate business or commercial purposes, and the categories of third parties with whom we share your personal information. You may make these requests by contacting using the contact information provided below in the “Contact eBanqo” Section below. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
   2. You may request, no more than twice in a 12-month period, transportable copies of your personal information that we have collected about you in the last 12 months. You may make these requests by contacting using the contact information provided below in the “Contact eBanqo” Section. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
2. Right to rectification, completion or update of your personal data: This enables you to have any incomplete, inaccurate, or obsolete data we hold about you corrected, complete or updated, though we may need to verify the accuracy of the new data you provide to us.
3. Right to change your cookie settings;
4. Right to delete or erase your personal data (‘right to be forgotten’): This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request (eBanqo wishes to point out that in this context certain services will no longer be accessible and/or can no longer be provided if you delete certain required personal data). Kindly note: You may request that we delete the personal information we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by contacting us using the contact information provided below in the “Contact eBanqo” Section below. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

5. Right to limit or restrict the processing of your personal data: This enables you to ask us to suspend the processing of your personal data in the following scenarios:

   1. If you want us to establish the data’s accuracy;
   2. Where our use of the data is unlawful but you do not want us to erase it;
   3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
   4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
6. Right to transferability of your personal data: We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7. Right to object to/oppose the processing of your personal data: Where we are relying on a legitimate interest (or those of a third party) there may be something about your situation which could justify an objection to processing on this ground as you may feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
8. Right to withdraw consent at any time where we are relying on consent to process your personal data: This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to invoke or exercise your privacy rights, please contact privacy@eBanqo.com. In principle, you can exercise these rights free of charge via the above-mentioned form. In addition, you can always, via your personal account, update, modify and/or verify your personal data which you were required to submit when creating your (trial) account.

The California Consumer Privacy Act (CCPA) provides California consumers with the right to request access to their personal information, additional details about our information practices and deletion of their personal information (subject to certain exceptions). California consumers also have the right to opt out of sales of personal information, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected personal information. We will not discriminate against you if you choose to exercise your rights under the CCPA.

Your personal data is safeguarded against loss, access, use, modification, disclosure, or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your personal data including without limitation firewalls, virus scan tools, employee training, and physical office security measures.

Please note that despite these reasonable measures no security can absolutely guarantee the complete safety of your personal data.

eBanqo is located in the US and adheres to the laws of the US. Personal data collected by eBanqo may be transferred to the US. eBanqo shall store all personal data which it has collected in the cloud (with data center(s)) within the US. You expressly consent to your data being transferred to the US. Notwithstanding eBanqo’s security policy, the checks it carries out and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, eBanqo is, in this context, not in a position to guarantee absolute security.

Finally, the security of your (trial) account will also partly depend on the confidentiality of your password in obtaining access to the Platform and/or the App. eBanqo will never ask for your password, meaning that you will never be required to communicate it personally. If you have nonetheless communicated your password to a third party – for example because this third party has indicated that it wishes to offer additional services – this third party shall have access to your (trial) account and your personal data via your password. In such cases, you are liable for the transactions which occur as a result of the use made of your (trial) account. eBanqo therefore strongly advises you, if you observe that someone has accessed your (trial) account, to immediately change your password and contact us.

We will retain and store your personal data only for as long as necessary to fulfill the legitimate business purposes(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you. When we no longer need information, we will take reasonable steps to destroy the information.

eBanqo is entitled to update this Privacy Policy by posting a new version on the Website. We will alert you that changes have been made by indicating on the Privacy Policy the date it was last updated. As such, it is strongly recommended to regularly consult the Website and the page explaining the Privacy Policy, to make sure that you are aware of any changes. By visiting this Website, you are accepting the practices described in the current version of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not use the Website.

We are concerned about the safety and privacy of children who use the Internet. We encourage the viewing of our website by children to be done with parental supervision. Consistent with section 8 of the Nigeria Child Rights Act (“the Act”), Cap C50, Laws of the Federation of Nigeria 2010, Article 3.1 and 2.4 of the Nigeria Data Protection Act 2023 ("NDPA”) and Article 5.5 of the NDPA Implementation Framework, we will never knowingly request Personally Identifiable Information from anyone below the age of 18 under the Act and any person below 13 years for the purposes of the NDPA without prior verifiable parental consent. If we become aware that a child below the age of 18 under the Act and any person below 13 years for the purposes of the NDPA has provided us with personal data without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has provided us with personal data without verifiable parental consent, he or she should contact us at privacy@eBanqo.com. If you access our Services or Platform and you are below 18 years, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s). If you have inadvertently provided personal data of a child to us, please notify us at privacy@eBanqo.com and we will delete such personal data.

The Website may potentially contain hyperlinks to other websites. When you click on one of these links, you may be redirected to another website or internet source that could collect information about you through cookies or other technologies. eBanqo does not bear any responsibility, liability or control authority over these other websites or internet resources, nor about their collection, use and disclosure of your personal data. You must check the privacy policies of these other websites and internet sources in order to be able to judge whether they act in accordance with the privacy legislations.

You may file a complaint in accordance with this Privacy Policy if you believe that any provision of this Privacy Policy or your privacy rights have been violated in respect of your personal information or if your access to our Services have been compromised, to enable us to take the necessary steps towards ensuring the security of your Personal Information. All complaints must be addressed to the company by sending an email to our Data Protection Officer using the following contact details:

Email: privacy@eBanqo.com

For users in Nigeria, please note that the complaint and resolution procedure is not prejudicial to your right to complain to the data protection authorities (in this case, you should contact the National Information Technology Development Agency (NITDA) or Nigeria Data Protection Bureau (NDPB)) using the following contact details:

Email: info@nitda.gov.ng, info@ndpb.gov.ng

We will notify you of any breach and also notify National Information Technology Development Agency (NITDA) or Nigeria Data Protection Bureau (NDPB) within 72 hours of becoming aware of such breach.

You may also seek redress in a court of competent jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach the data protection authorities. Kindly contact us in the first instance by sending an email to: privacy@eBanqo.com

If you have questions, comments and requests about this Privacy Policy, or the manner in which eBanqo collects, uses or processes your personal data or you would like to find out more about exercising your data protection rights, please contact us via email: privacy@eBanqo.com.