This privacy notice is effective as of September 2023.
Legal Information.
At SpacePointe Inc., safeguarding your privacy, ensuring security, and promoting transparency are integral components of our corporate philosophy. To this end, this privacy policy outlines our practices regarding the collection of personal information. Specifically, it covers the following aspects:
- how we gather data;
- identification of the entity responsible for managing your data;
- the legal grounds on which we process your information;
- an overview of SpacePointe services;
- the sharing of information and cross-border data transfers;
- our measures for maintaining compliance, security, and certification;
- your rights with regards to data protection;
- additional information for California residents;
- data retention policies;
- data retention policies;
- any changes that may be made to this policy in the future.
Our corporate headquarters is located at 985 Senate Dr Dayton, OH 45459, United States.
How SpacePointe Collects Data.
At SpacePointe, we strive to be transparent about how we collect and process personal data. Our goal is to ensure that you have a clear understanding of our practices and how they relate to your privacy. We collect information primarily in two ways:
- By visiting one of our websites; and
- By subscribing to any of our services purchased by your employer or business.
Please note that our websites and services are not intended for use by individuals under the age of 16, and we do not knowingly collect personal information from minors. If we become aware that we have collected personal information from a minor, we will take immediate steps to delete such data.
We encourage you to read this privacy notice carefully. It provides detailed information about how we collect and process data, how we protect it, the type of data we collect, how it is processed, where it is processed, who it may be shared with, and your legal rights concerning your data.
Ekikart Webstore
Please note that information collected through our Ekikart Webstore is governed by this Privacy Notice and Shopify’s Privacy Policy. As a customer shopping in the Ekikart Webstore powered by Shopify, the most relevant content within the Shopify Privacy Policy is the ‘Privacy for Customers’. You acknowledge and agree that your use of the Ekikart Webstore is subject to our Privacy Notice and Shopify’s Privacy Policy.
Understanding Who Controls Your Data.
When you subscribe to any of the SpacePointe services as a named user, we act as a data processor (“Processor”) under the instructions of a data controller. In this instance, all future requests or exercises of your rights must be made to the data controller.
When services are used in the context of US healthcare, a Business Associate Agreement between SpacePointe and the customer/partner is required per 45 CFR Part 160 & 164. We use appropriate safeguards to prevent the use or disclosure of electronic protected health information (“ePHI”) according to the requirements of the HIPAA Security Rule. SpacePointe employs administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHI that is created, received, maintained, or transmitted via services on behalf of the subscribed HIPAA Covered Entity or Business Associate as defined in 45 CFR 164.103.
When you share information with us directly by visiting our website, SpacePointe acts as a Data Controller (“Controller”) according to the definitions in Article 4 of Regulation (EU) 2016/679 (“EU GDPR”) or the Data Protection Act of 2018 (“UK GDPR”), collectively referred to as the General Data Protection Regulation (“GDPR”). As a Controller, where we determine the purpose and the means of the processing, we are responsible for controlling and safeguarding your personal data.
Toward that, we have assigned a Privacy Officer to superintend all aspects of this privacy notice, ensuring your questions are answered and your rights are respected. Whenever you have questions, you should contact the Privacy Officer via one of the venues below:
SpacePointe
Privacy Officer
Abhay Warik
E: wabhay@spacepointe.com
SpacePointe's Lawful Basis for Processing Your Data.
At SpacePointe, we are committed to processing your personal data only within the parameters allowed by law. We will typically only use your data in the following situations:
- when you provide us with consent to process your personal data, which you may revoke at any time and for any reason;
- when it is necessary for our legitimate interests;
- when we need to comply with legal or regulatory requirements; and
- when we need to fulfill our obligations to provide services when you subscribe to our services.
We have provided a table below that outlines the different ways we may use your personal information, with each use tied to a legal basis for processing. Where appropriate, we have also indicated where we have a legitimate interest to process your data.
| Processing Activity | Personal Data | Lawful Basis |
|---|---|---|
| Requesting information and relationship management including emails to us, requests for marketing information, enquiries about services, responding to feedback, texting you, notifying you about changes to our terms and conditions, notifying you about changes to our privacy notice, sending you communication through our newsletters and news bulletins, asking you to update your contact information, communicating with you about our service. | Identity data, contact data, communication data, marketing preferences including SMS opt-in preference of Merchants and Distributors/Partners. | Article 6(1)(a), Consent: The individual has given clear consent to receive SMS. Article 6(1)(b), Performance of a Contract: The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. Article 6(1)(c), Legal Obligation: The processing is necessary for you to comply with the law (not including contractual obligations). Article 6(1)(f), Legitimate Interests: The processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. |
| Merchant engagement that enables businesses to process financial transactions. | Merchant Data: Application Data that includes Full Name, Social Security Number or other Identifiers, Bank details, Credit card details, Contact details, Contact preferences and any technical identifiers generated for Stripe Integration, Authentication Data. | Article 6(1)(b), Performance of a Contract: The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. |
| Handling payments from End Customers of businesses that have employed the SpacePointe technology. | End Customer’s Loyalty card, Name, Contact data including SMS opt-in preference and Payment Data that is collected during point of sale like Debit or Credit card details, EBT (Food Stamp or Cash Benefit) card details, To cover other types like UPI data, Google Pay etc. | Article 6(1)(a), Consent: The individual has given clear consent to receive SMS. Article 6(1)(b), Performance of a Contract: The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. |
| Members of public who use Kardstash app to get coupons. | End Users’ app preferences | Article 6(1)(a), Consent: The individual has given clear consent to process personal data for a specific purpose. Article 6(1)(f), Legitimate Interests: The processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests |
| Service desk support for the service. | If working with our service desk to troubleshoot an issue, we may also gather information about the type of computer systems you use, including associated devices such as microphones and video cameras as these are relevant to the services offered by SpacePointe. The information may also include your IP address, operating system, browser type, language preferences, and other relevant details to help SpacePointe ensure your service is working correctly. | Article 6(1)(b), Performance of a Contract: The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract. |
| Website analytics. | Please be informed that we use a third-party analytics service called Google Analytics to collect, analyze and tally metrics regarding website visits. Analytics help us to determine many things, including the quantity of visitors over time, the geographic location from which visitors arrive, timeframes of high and low usage, the sites most frequented, the pages most frequented, and other helpful data. The Company processes data in ways to ensure individual identity is not stored, only anonymous metrics. Furthermore, it is forbidden for Google to determine, or attempt to determine, the identity of individuals visiting our websites, and this anonymity is inherited by SpacePointe. | Article 6(1)(a), Consent: the individual has given clear consent to process personal data for a specific purpose. |
| Recruitment process and employment in SpacePointe. | Personal data including demographics, contact information, grades, certifications, CVs, general data, tests and other government issued identity documents. | Article 6(1)(a), Consent: The individual has given clear consent to process personal data for a specific purpose. Article 6(1)(f), Legitimate Interests: The processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests |
Understanding SpacePointe Services.
This section applies to users of SpacePointe services. If you only use the SpacePointe public website, this section does not apply to you.
SpacePointe builds and enables payment technologies that make payment processing simple and fast for business owners. The SpacePointe solution brings a full suite of features that merchants need to manage their business, drive sales, engage customers and receive payments in a secure manner that meets today’s modern data protection and PCI requirements.
As a global payments technology company, SpacePointe focuses on digital transformation in both formal and informal sectors in the United States and Africa. Specializing in contactless payment initiatives, SpacePointe equips businesses to support digital transactions from mobile devices.
Information Sharing and Transborder Flows.
SpacePointe respects your right to privacy; we do not use or share your personal information in any other way beyond what has been written in this privacy notice. For instance, we do not sell your information to anyone, including but not limited to third parties for their own marketing use.
As a Data Processor, SpacePointe is acting under the instructions of the Data Controller and may share your data with the Controller in support of your service.
We will inform you or your Data Controller if we are required to share your information under any of the following circumstances: (i) to the extent that we are required to do so by applicable law, by a governmental body or by a law enforcement agency, or for crime prevention purposes; (ii) in connection with any legal proceedings (including prospective legal proceedings); (iii) in order to establish or defend our legal rights; (iv) in the event that we buy or sell any business or assets, in which case we may disclose your personal data to the prospective sellers or buyer of such business or assets; or (v) if a third party acquires all (or substantially all) of our business and/or assets, we may disclose your personal information to that third party in connection with the acquisition.
EEA, Swiss and UK Customers
The content below is applicable only for EEA, Swiss and UK Customers. If your organization is based out of other countries, then it does not apply to you.
Whenever we transfer your personal data to third countries, we ensure a similar degree of protection is afforded to it by employing at least one or more of the following safeguards:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy Decisions and United Kingdom: ICO Adequacy.
- Where we use certain service providers, we may use specific contracts approved by the European Commission or UK’s Information Commissioner Office (“ICO”) which give personal data the same protection it has in Europe. For further details, see European Commission: Standard Contractual Clauses for data transfers between EU and non-EU countries and United Kingdom: International data transfer agreement. In these cases, due diligence of the legal system in the third country to which personal data will be transferred is carried out; the rules for disclosure to and access by government agencies is verified as is whether the service provider is bound by these laws. The likelihood that the service provider will be disclosing personal data of SpacePointe to the authorities in that third country is evaluated, including categories and volume of personal data transferred, purposes of the processing by the service provider, duration of data retention in the third country and any past practices of such disclosures. The service provider’s policies and procedures for:
- notifying SpacePointe to the extent permitted by law, if a government demand extends to the exporter’s data;
- providing an opportunity to resist production; and
- complying with its obligation to notify SpacePointe that it can no longer comply with the requirements of standard contract clauses and cease processing the personal data in the event of any government demand that would not allow it in practice to comply with the contractual clauses.
SpacePointe will confirm, on the basis of the due diligence carried out, that the standard contract clauses, in conjunction with any other applicable contractual terms for the relationship, are sufficient to address any issues raised as to the protection of personal data in the third country in that context or whether the circumstances require more specific terms.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA, UK or Switzerland.
Security, Compliance and Certification Assurance.
At SpacePointe, we have a security and compliance team actively working to keep your information protected, auditing the security posture and improving safeguards from unauthorized access, accidental loss, disclosure or destruction. Toward this, we employ physical, technical, and administrative safeguards to protect the personal information we collect and process. Administrative and organisational policies and procedures are documented in the SpacePointe Information Security Management System (ISMS) where appropriate controls are designed to maintain an adequate level of data confidentiality, integrity and availability.
SpacePointe is currently implementing PCI DSS and ISO/IEC 27001 and has engaged the data protection firm Allendevaux & Company in its endeavour to certification to these standards. Also, independent technical vulnerability scanning and penetration testing are performed through Allendevaux & Company.
Your Data Protection Rights.
Many data subjects have data privacy rights afforded them by laws and regulations such as the GDPR and CCPA/CPRA. When an individual is afforded these rights, you may:
- Request access to your personal data (commonly known as a “data subject access request, SAR, or DSAR”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no lawful 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), if it is shown we 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 of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Request restriction of processing of your personal data. You have the right to request that we restrict the processing of your personal data in certain circumstances, limiting the way we use your data. This may be because you have issues with the content of information we hold, its accuracy, or how it is processed.
- Request the transfer of your personal data to you or to a third party. 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.
- Object to automated decision-making including profiling. You have the right to not be subject to a decision based solely on automated processing. Processing is “automated” where it is carried out without human intervention and where it produces legal effects or significantly affects you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, 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 exercise any of the above rights, please contact us at support@spacepointe.com.
You will not have to pay a fee to access your personal data or to exercise any of your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
In exercising these rights, we may need to request specific information from you to help us confirm your identity and ensure the right to access your personal data or to exercise any of your rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to clarify or speed up our response. We aim to respond to all legitimate requests within the timeframes set by applicable laws and regulations.
In relation to SpacePointe services, our role is that of a Processor and not Controller under GDPR definitions and hence all the data subject rights related to SpacePointe services should be directed to the Controller.
Special Information for Residents of California, USA.
In relation to SpacePointe services, we are Service Provider (and not Business under CCPA) under Section 1798.140(v) of the California Civil Code and hence all the data subject rights related to SpacePointe services should be directed to the Business who would then engage us.
If you wish to exercise any of the data protection rights, you should contact the Privacy Officer via one of the venues below:
SpacePointe
Privacy Officer
Mr. Abhay Warik, CISA, CDPSE, PMP
E: support@spacepointe.com
Or write to Privacy Officer, 985 Senate Dr, Dayton, OH 45459, United States.
Data Retention.
We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we must keep basic information about our customers (including contact, identity, financial and transaction data) for seven years after ceasing to be a customer for taxation purposes.
In cases where we decide the means and purpose of processing and act as Controller, you can ask us to delete your data and we shall address it in a timely manner, subject to legal and regulatory obligations and keep you informed of it. In other cases where we act as Service Provider or Processor, we will route your requests to the Business or Controller for actioning your request to delete your data. We may anonymise your personal data so that it can no longer be associated with you for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Our Commitment to Data Protection.
SpacePointe is committed to the highest standards of information security, privacy and transparency. Towards this, SpacePointe complies with data protection laws around the world where we process information and protect data subject rights. These include and not limited to:
- EU Regulation 2016/679 (the EU GDPR)
- EU Regulation 2018/1725
- UK Data Protection Act 2018 (DPA 2018, enacting the UK GDPR)
- California Consumer Privacy Act of 2018 (CCPA) as amended by the CPRA
- Swiss Federal Act on Data Protection (FADP)
- Relevant U.S. state data protection laws
Future Changes to this Privacy Notice.
As our services evolve, this privacy notice may change or other privacy documentation may be written and posted specific to new offerings or to keep pace with data privacy laws. When changes are substantial, we will endeavour to make you aware of any forthcoming changes by attempting to contact you via our user interfaces, portals, or through your partner or reseller. If you have questions or comments on a future privacy notice, you may write us at support@spacepointe.com.
Questions for SpacePointe.
If you have any remaining questions that are not addressed within this privacy notice, please contact the Privacy Officer at support@spacepointe.com.