PayFacto Payments inc. together with its affiliates, subsidiaries, and related entities (collectively, “PayFacto”, “we”, “us” and “our”) are committed to the protection of your privacy. This privacy Notice (the “Notice”) explains why and how we collect, use, share, store, transfer, and protect (collectively, “Processing”, “Process” and any variation thereof) your Personal Information, as more fully described hereunder. How we Process your Personal Information may evolve over time, so this Notice may be updated from time to time to reflect any changing practices. This notice applies to all PayFacto Merchants, unless they use a service covered by a separate privacy notice.

1.      Our Privacy Philosophy

We value the trust that you have placed in our organization and are committed to prioritizing commitment to maintaining the accuracy, confidentiality, and security of personal information. We will not collect, use or disclose your personal information without your informed consent, unless required or permitted to do so by law. Read through this Privacy Policy (“Privacy Policy”) so you understand how we use, share, and store your data. This Privacy Policy applies to the main website of PayFacto Payments Inc. (“PayFacto”), as well as to the websites of any affiliate and products and services offered by Payfacto such as www.payfacto.com, https://velocehq.com, https://azbarplus.com, https://ishopfood.com (collectively, the “Website(s)”).

2.      Our Policy

In this Privacy Policy, “PayFacto”, “we”, or “us” refers to PayFacto. All services mentioned are services provided by PayFacto.

“You” refers to anyone who visits our website(s), our clients and third-party providers, and anyone who engages with our services. It’s our duty to inform you about what we’re doing with your personal information and why, and ensure you are properly informed so you can give us meaningful consent.

For the purposes of this Privacy Policy, “personal information” means information that: (i) can identify an individual directly; or (ii) is information about an identifiable individual. This does not include information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession.

3.      Agreeing to the Terms of Our Privacy Policy

By providing personal information to PayFacto, using our website(s) including www.payfacto.com (collectively, the “Website”), or engaging with our social media, you are consenting to our use, collection, and disclosure of your personal information in accordance with the terms of this Privacy Policy. Providing personal information or authorizing a third party to disclose personal information to us signifies your consent to PayFacto’s collection, use, and disclosure of personal information in accordance with this Privacy Policy.

4.      Types of Information Collected

The type of information that may be collected includes but is not limited to:

• Contact information such as your name, residential address, phone number, email address – we use this to communicate with you.
• If used to verify your identity, you may be asked for certain information, such as your date of birth, gender, social insurance number, other government identification (such as driver’s license or passport information), employment, and information about other financial accounts.
• If we wish to assess your suitability as a customer and your eligibility for credit-related products and services, we may ask you to provide us with information about your current and past employment, income and assets.
• Information about how you use our products and services – we use this to provide these products and services to you, to protect us and your account (by spotting unusual activity), and to notify you about changes that will impact your products and services. We also use this to provide you with personalized products and services, to better understand your needs and preferences (including through data analytics), to personalize your experience on our websites and mobile applications, and to provide you with tailored communications and offers.
• Information about another individual – if need be and if you have a joint account or a legal guardian or personal representative, we will also collect personal information about those individuals.

Other information you voluntarily provide to us, our employees, our service providers or our contractors.

Information will be collected by fair and lawful means. We won’t take more information than we need, and you decide how and what you want to share.

5.       Why We Collect Your Information

Here are some examples of why we collect personal information and how we use it:

• to verify your identity, including to meet our ‘know your client’, anti-money laundering, and sanctions obligations;
• to evaluate and process your application for an account or credit limit, including determining your eligibility;
• to obtain your credit report;
• to communicate with you about your loans, securities, or deposits;
• to make changes you request to your account;
• to process and keep track of transactions and report back to you;
• to detect and prevent theft, fraud and error, and to protect you, us, and others against theft, fraud and error;
• to analyze information to determine that relevant services are offered to you;
• to provide you with products and services, or information about products and services, that have been requested by you and/or that PayFacto believes may be of interest to you and provide value to you;
• to inform you about new business initiatives including contacting you to obtain your views and to encourage you to express your views about them;
• to offer you the opportunity to participate in contests, giveaways or other promotions;
• to conduct research and generate statistics related to our business, products and services;
• for business purposes, such as data analysis, audits, developing new products, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities;
• to help manage and assess our risks, operations, and relationship with you; 
• to obtain and maintain insurance coverage;
• to comply with legal and governmental requirements;
• to fulfill any other purpose for which you provide it or with your consent; and
• if you hold a product that generates income, and we have your SIN, we may use it for tax reporting purposes and share income information with the Canada Revenue Agency. With consent, we may also use your SIN to match your personal information and your credit bureau information, or as an internal identification number to accurately identify customers having the same or similar names.

We will obtain your consent before proceeding with any other purpose not identified in this Privacy Policy.

6.      How We Collect Your Information

Personal information may be collected in a number of ways, including: through our Website, in person, by mail, by email, from our applications or other software, and from third parties whom you have authorized to disclose personal information to us.

If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent.

A) COOKIES

We may also collect information through “cookies” on our Website. Cookies are small text files inside your computer that contain a unique identifier, allowing us to recognize you when you visit our Website again. This helps us tailor our content to meet your needs and for advertising purposes. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. By accepting cookies and continuing to visit or use our Website, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this Privacy Policy.

Cookies can be used to: (i) recognize you when you visit the Website, remember your preferences, and give you a personalized experience that’s in line with your settings, (ii) make your interactions with the website faster and more secure, and (iii) bring you advertising and customized experiences through personalization. Further, cookies are used for authentication, security, and research.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit wikipedia.org, allaboutcookies.org, or aboutcookies.org.

B) SOCIAL MEDIA

If you post a review, make a comment, or otherwise submit personal information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public.

7.      Who We Share Your Information With

PayFacto may share your information with third parties to support with providing our services, administering our business, and for such other purposes as set forth below, including:

• With affiliate companies: To assist us with offering the best services to you, we may share your personal information with our other companies and respective affiliates.  
• With our employees: While performing their duties, our authorized employees may have access to personal information and other confidential information.  Employees may only access personal information strictly necessary to perform their duties.  All employees that are likely to have access to personal information must sign a Code of Ethics under which they commit to maintaining its confidentiality.  
• With third-party product and service providers: We may disclose personal information to certain third-party product and service providers retained by us, to assist in providing you with products and services, or to perform certain specialized services to assist us in our business.
  • We only disclose to these providers the specific information they require to perform the services. Before we release any personal information to them, each of our providers must undertake to use the information solely to carry out the services they have been retained to provide, must agree to safeguard and respect the confidentiality of the information, and must agree to contractual terms that are consistent with our Privacy Policy. Third-party providers must also comply with applicable Canadian privacy laws.
  • When we use these providers, we may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider in another country, we require it to comply with requirements equal or superior to our Privacy Policy and applicable Canadian privacy laws.
• Transfers of Business: As we continue to grow, we may expand or sell our businesses or part of it. In such a case, the personal information we hold may be among the assets transferred. 
• We may also disclose personal information in situations where we are legally required or permitted to do so. These situations may include criminal investigations, government tax reporting requirements, court orders, or instances where we believe the rights and safety of others may be at risk. We may be ordered by a court to disclose personal information to a third party or to the court, or to preserve personal information pending the outcome of a legal hearing. We may also be legally required to disclose information in connection with the collection or repayment of a debt, to assist in the prevention of fraud or other criminal activity, when we obtain legal advice from a lawyer, or in an emergency that affects the health or safety of an individual.

In the instances described above we may be required to share your personal information with or without your consent. In limited circumstances, we may be legally prohibited from advising you that your information was shared in this way.

If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

8.      Accuracy

We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. We encourage you to verify the accuracy and completeness of your personal information in our records.

Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.

9.      Protecting Your Personal Information

Our employees and contractors understand the importance of keeping your information private. All employees and contractors are expected to maintain the confidentiality of personal information.

To ensure that your personal information is protected, we utilize security safeguards that are on par with industry standards. We keep electronic files in a secured environment with restricted access and use.

Despite all of the foregoing security measures, online storage and online communications are not entirely secure. We encourage all individuals to provide only the information they are comfortable with providing a third party, keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible. As a community, we can all help keep it safe.

10.      Opting-out

You may choose to restrict the collection or use of your personal information in the following ways:

• You may write to or email us using the contact information below to withdraw your consent to us using your personal information for direct marketing purposes.
• If you receive commercial email from us, you can also unsubscribe using the unsubscribe tool we provide in such messages.

Please note that if you seek to withdraw consent to our collecting and processing information that we must process to provide our services, we may not be able to provide those services to you. For example, you cannot withdraw consent to ongoing collection, use and disclosure of personal information needed in connection with administering a loan product you have purchased. Similarly, you cannot withdraw consent for us to collect, use or disclose information we need to carry out regulatory purposes.

11.      Updating this Privacy Policy

PayFacto strives to evolve to meet our clients’ needs and expectations, and that means our services, how we offer our products and how we communicate information may change. With that in mind, we review our privacy practices from time to time, and our information handling practices may change. If PayFacto makes a material change to this Privacy Policy, we will provide a revised version on our Website and set out the date on which changes were made. Changes shall take effect upon posting on our Website of such changes. You may determine when this Privacy Policy was last updated by referring to the date found at the bottom of this Privacy Policy. If at any point you do not agree with the terms of this Privacy Policy, you must not use the PayFacto platform, Website, or services.

12.      Website and Apps Governed by this Privacy Policy

Our Website and any of our applications available from our Website or third party platforms are governed by the provisions and practices stated in this Privacy Policy. Our Website and such applications may contain links to third party sites or applications that are not governed by this Privacy Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Privacy Policy will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third party sites and applications to learn how they collect, use, and disclose your personal information.

13.      Governing Law

This Privacy Policy and all related matters shall be interpreted and construed in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada.

14.      Personal Information Outside of Canada

Personal information provided to our service providers may be stored outside of Quebec and outside of Canada. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

15.      Addressing Your Inquiries and Concerns

We are happy to provide you with a copy of this Privacy Policy and to discuss any of its content with you.

We have designated our VP Legal Affairs as the Privacy Officer who is responsible for maintaining and implementing our Privacy Policy. Please direct all questions or enquiries about this Privacy Policy to:

Attention: Privacy Officer

Email: legal@payfacto.com

PayFacto Payments Inc.
1, Place du Commerce #402
Montreal (Quebec) H3E 1A2
Telephone (toll-free): 877 341-8293

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Last revised: May 2023