Privacy Policy

Privacy and Data Protection Policy

Thank you for using (the "Platform") and the services, features and functions (each a "Service" and collectively, the "Services") offered on the Platform. The Platform is owned and maintained by Volopay Pty Ltd, ACN 645096635 ("Volopay"). All access to and use of the contents and services provided on the Platform shall be governed by the terms and conditions contained in this Privacy and Data Protection Policy ("Privacy Policy"), which shall constitute legally binding obligations on you in consideration for permitting you access to the Platform and use of the Services. The Privacy Policy is governed by the Privacy Act of 1988 (Privacy Act), Privacy Regulation 2013 and the latest addition for security breach reporting Privacy Amendment (Notifiable Data Breaches) Act 2017.

The Privacy Policy should be read in conjunction with any of the terms and conditions entered into between you and Volopay.

1. We may make changes to this Privacy Policy from time to time and post a revised version on this Volopay, which shall be effective immediately upon such posting. We are under no obligation to separately inform you of any such revision. Your continued access of this Volopay after the revised Policy has taken effect will constitute your unconditional acceptance of such revised Policy. All communications, transactions and dealings with Volopay will be subject to the latest version of this Privacy Policy in force at the relevant time.

2. From time to time, Volopay may collect Personal Data from (a) users, (b) third parties, including user's beneficial owners, partners, directors, officers, administrators or authorised signatories, employees, customers, payors, payees, guarantors, other security providers and other natural persons related to that user (the "Relevant Individuals") and/or (c) publicly available sources including credit bureaus, Personal Data about users, Relevant Individuals and related parties in connection with the access and use of the Volopay, Platform or any of the Services to provide more personalised service for our users. This may include:

2.1. the use of cookies in the Volopay, Platform and in the provision of the Services;

2.2. collection of information in relation to the devices (including device operating system, hardware version, settings, file and software names and types and device identifiers, device location, connection information such as the name of the ISP or mobile operator through which the Platform is accessed, browser type and IP address) which are used to access the Volopay or the Platform.

3. Should you provide Volopay any Personal Data of yourself or others:

(a) you represent and warrant to Volopay that (i) each individual (including yourself) whose Personal Data has been provided to us, has been notified of the purposes for which data will be collected, processed, used or disclosed; and (ii) such individual's consent for the collection, processing, use and disclosure of such Personal Data by Volopay has been obtained and authorised by such individual.

(b) you shall notify us immediately upon becoming aware of any withdrawal by any individual of his/her consent to the collection, processing, use and/or disclosure by Volopay of his/her Personal Data provided to Volopay. The withdrawal of such consent may affect the services which Volopay is able to provide to you, such individual and/or the corporate you represent (including possible termination of your contractual relationship with us, subject to termination provisions relating to registered users and may be deemed a breach of your representation and undertakings to us).

(c) you shall ensure at all times that any information provided (including any Personal Data) to us is correct, accurate and complete, and that any consent given in relation to Personal Data shall, subject to all applicable laws and regulations, survive death, incapacity, bankruptcy or insolvency of any such individual and the termination or expiration of any account in connection with the use of the Platform.

4. Personal Data submitted or collected by Volopay may be used by Volopay for any of its business purposes, including (the "Purposes"):

(a) to operate, administer any account and to provide Services to any user through the Platform including, but not limited to, facilitating the transfer of funds, maintaining accurate "know your customer" information, to verify the identities or authorities of users and/or their representatives who contact Volopay or may be contacted by Volopay, to carry out or respond to requests, questions or instructions from users and/or their representatives, and to perform risk modelling or analysis;

(b) to facilitate transactions on the Platform or in connection with the Services (including for any third party insurance, escrow account and other Services related matters);

(c) to comply with the Terms of Use, this Privacy Policy and any other terms and conditions as may be stipulated by Volopay from time to time and at any time;

(d) to verify the identity or authority of users and/or representatives of users and/or to pursuant to current Volopay security procedures or internal procedures;

(e) in the assessment and evaluation of viability, credibility, suitability, eligibility and identity of users in connection with the Platform, the Services, and/or any other documents entered into or agreed to by such Registered Users;

(f) to carry out, monitor and analyse Volopay' business;

(g) for the marketing, promoting or advertisement of products and services (including any co-branded products or services) which we think you may be interested in;

(h) as part of, or in connection with, any sale, merger, or similar change of Volopay' business;

(i) for customer feedback and complaints or legal purposes in enforcing Volopay' rights, drafting and reviewing of documents, procuring legal advice and dispute resolution;

(j) to comply with any applicable laws, rules, or regulations in any country;

(k) to detect, prevent and investigate fraud, crime, offences, money-laundering, counter-terrorist financing and bribery; and

(l) purposes reasonably related to the aforesaid.

5. Volopay may retain Personal Data for so long as one or more of the purpose for which it was collected remains valid, where required by regulation or law (national or international), or as required by its own record retention policies or own business purposes.

6. Volopay may from time to time also disclose Personal Data for any of the Purposes to Volopay' shareholders, directors, officers and employees and the following parties (whether inside or outside of Australia):

(a) any agent, contractor, vendor, associate, partner, AFSL license holder or third party service provider who provides banking, remittance, payments, forex, administrative, mailing, telecommunications, call centres, business process, travel, visa, knowledge management, human resource, data processing, information technology, computer, payment, debt collection, escrow agent, credit reference checks or securities clearing or risk modelling or analysis or other services to Volopay in connection with the business operations of Volopay and/or the Volopay, Platform or any of the Services;

(b) any person or entity employed by or on behalf of Volopay or is a part of or related to any group of companies of which Volopay forms part or is affiliated to;

(c) any person or entity to whom Volopay is under an obligation or otherwise required to make disclosure pursuant to any applicable laws and regulations, including disclosure to courts, tribunals, and/or legal, regulatory, tax and government authorities and stock exchanges;

(d) any party giving or proposing to give a guarantee or third party security to guarantee or secure the obligations of any user;

(e) any party for purposes of conducting checks with the Do Not Call Registry;

(f) any party for purposes of meeting or complying with Volopay' internal policies and procedures and any applicable rules, laws, regulations, codes of practice or guidelines, orders or requests issued by any court, legal or regulatory bodies (both national and international) (including but not limited to disclosures to regulatory bodies, conducting audit checks or any investigations);

(g) any actual or proposed assignee of Volopay or transferee of Volopay' rights in respect of all or any part of the assets or business of Volopay; and

(h) any credit bureau (including without limitation Australian Credit Bureau) as well as the members of such credit bureau including Experian, Equifax, Transunion among others

7. Without prejudice to the foregoing, Volopay may disclose Personal Data to any person or entity to whom Volopay is under an obligation or otherwise required to make disclosure pursuant to any applicable laws and regulations, including disclosure to courts, tribunals, and/or legal, regulatory, tax and government authorities in Australia or otherwise.

8. You may access or make corrections to any of your Personal Data held by Volopay. To do so, please contact us (at Volopay reserves the right to charge such fees as it may, in its sole and absolute discretion, deem appropriate for the grant of such access and to correct any Personal Data.

9. Volopay may from time to time send you and/or the Relevant Individuals email messages or short message service ("SMS") to mobile phones based on Personal Data provided to us. We do not guarantee that these messages will be completely secure. Under no circumstance will Volopay be liable for any damages incurred or sustained by you or the Relevant Individuals in connection with or arising from any such messages transmitted by Volopay or to Volopay.

10. You acknowledge and accept that the inherent nature of the internet and/or telecommunications services is such that transmissions may be subject to interruption, interception, hacking, fluctuation, inaccuracy, defect, corruption, loss, connection error, transmission blackout, delayed or failed transmission and/or incorrect, garbled or incomplete data transmission. Volopay will not be liable for breakdown, interruption, failure, closure or malfunctions in communications facilities not under its control that may affect the accuracy, authenticity or timeliness of messages and transactions that may be sent and does not warrant that any identified defect will be corrected.

11. This Privacy Policy does not derogate from any of Volopay' terms and conditions. Volopay' rights under this Privacy Policy shall be without prejudice to other rights of collection, use and disclosure available pursuant to the such terms and conditions or under the law and nothing herein is to be construed as limiting any of these other rights.

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