privacy policy

At BNA Smart Payments Ltd. (“BNA” or “we”), we respect the privacy rights of individuals and we are committed to keeping personal information accurate, confidential, and secure. We have adopted the following Privacy Policy to ensure that BNA continues to meet its commitment to privacy.

 

INTRODUCTION

 

BNA provides a variety of products and services to the public, including but not limited to the processing of payments in connection with the use of debit cards and credit cards.  BNA is both a vendor of processing equipment and a processor of payments for merchants who have purchased and are using our processing equipment.

In the course of providing these products and services to merchants (e.g. retailers), BNA may collect, with consent, certain personal information about its merchants.  In addition, BNA may receive personal information from customers of merchants in the course of providing BNA’s payment processing services.  BNA is responsible for personal information that it collects, uses or discloses as well as personal information that it receives from the customers of its merchants.

 

“Personal Information” means information about an identifiable individual. This may include, without limitation, the individual’s name, home address, age, income, health or financial information. Personal Information does not include the name, title, business address or telephone number of an employee of an organization.

The BNA Privacy Policy is based on Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). 

 

This Privacy Policy describes the ten principles that BNA follows to ensure that we protect Personal Information that we receive, collect, use or disclose in the course of carrying on our business. All of our employees who have access to Personal Information must adhere to the BNA Privacy Policy and related procedures. To this end, BNA has appointed a Chief Privacy Officer to ensure compliance by all BNA employees and to address privacy concerns.

By submitting your Personal Information to BNA, you signify your consent to the collection, use and disclosure of your Personal Information in accordance with this Policy.  If you do not agree with the terms of this Privacy Policy, please do not provide any Personal Information to BNA.

 

THE TEN PRINCIPLES OF PRIVACY

 

The following ten principles govern our actions as they relate to the use of Personal Information:

 

Principle 1 – Accountability
Principle 2 – Identifying Purposes
Principle 3 – Consent
Principle 4 – Limiting Collection
Principle 5 – Limiting Use, Disclosure and Retention
Principle 6 – Accuracy
Principle 7 – Safeguarding Personal Information
Principle 8 – Openness
Principle 9 – Access
Principle 10 – Addressing Complaints

 

Principle 1 – Accountability

 

BNA has designated a Chief Privacy Officer. The Chief Privacy Officer is ultimately responsible for Personal Information under the control of BNA and is accountable for compliance with the terms and procedures of this Privacy Policy. Any individual that wishes to challenge BNA’s procedures, or wishes to make a complaint about BNA’s Personal Information handling practices should contact the Chief Privacy Officer. For contact information, please refer to “Principle 10 – Addressing Complaints” below.

 

Principle 2 – Identifying Purposes

 

BNA informs individuals of the purposes for which it is collecting Personal Information, before or at the time the information is collected from such individuals.

In particular, BNA informs merchants of the purposes for which it uses its Personal  Information and the Personal Information of such merchant’s customers, before or at the time the information is received by BNA. 

 

Principle 3 – Consent

 

BNA will obtain an individual’s consent before or when it collects, uses or discloses Personal Information. In obtaining consent, BNA will use reasonable efforts to ensure that such individual is advised of the identified purposes for which Personal Information will be used or disclosed. In determining the appropriate form of consent, BNA will take into account the sensitivity of the Personal Information and the reasonable expectations of a reasonable person. Consent will not be obtained through deception.

Consent can be express, implied, or given through an authorized representative. Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice.  BNA will inform an individual of the implications of such withdrawal.  However, BNA may collect, use or disclose Personal Information without an individual’s knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or required by law.

When Personal Information is received by BNA for processing from a merchant, the responsibility for obtaining consent for the provision of Personal Information to BNA rests with the referring merchant.  BNA expects that merchant’s customers will understand that such merchant may forward the Personal Information of its customers for processing and thus assumes the implied consent of the merchant’s customer when BNA receives the Personal Information. 

 

Principle 4 – Limiting Collection

 

The information collected by BNA will be limited to those details necessary for the purposes it has identified to the individual or the merchants to perform the services requested. Information will be collected by fair and lawful means.

 

The Kind of Information We Collect

 

BNA receives from merchants, Personal Information including a merchant’s and/or its principal’s name, contact information, home address, date of birth, and bank account information, so that the information may be used to perform a credit check prior to accepting the merchant as a purchaser of BNA’s payment processing equipment.

BNA also receives from merchants, Personal Information regarding such merchants’ customers, pursuant to such customers’ use of BNA’s payment processing terminal.  This Personal Information includes such customers’ name, home address, bank account information, debit or credit card information and related purchase details, all of which is encrypted.

BNA gathers and uses Personal Information in order to provide the products and services requested. BNA may also use Personal Information to update our services and to offer additional products or services that our customers may be interested in.

 

If you visit BNA websites, we do not collect personally identifiable information about you unless you provide it. All information that you do provide us with is securely maintained and kept strictly confidential. This Privacy Policy does not apply to aggregated data from which it is not possible to determine the identity of a specific individual. BNA reserves the right to use aggregated data in any manner that it determines is reasonable and/or appropriate.  By accessing and browsing our website, you agree that we may collect, use and disclose any Personal Information about you through our website as described in this Policy.

 

Anonymous Information and “Cookies”

 

BNA may collect anonymous information about you. This means that the information collected cannot be traced back to a specific person. For example, our web servers may record certain information automatically when you visit BNA websites. This information is collected using “cookies” and might include the pages you visited, your IP (Internet Protocol) address and other site usage statistics. This anonymous information is used for research and analytical purposes only (like evaluating how many visitors our websites receive or which pages they visit most often). It does not reveal any Personal Information about you, the user. This aggregate data may be disclosed to third parties, but never with personally identifying information.

 

“Cookies” are small text files that contain a unique identification number that allows our computers to identify your web browser (but not you) each time you visit one of our websites that uses cookies. The information helps BNA improve the functionality of the site and enhance the navigation and security of your session. Most major websites use this technology and most browsers are set up to accept them.

 

Principle 5 – Limiting Use, Disclosure and Retention

 

Personal Information will only be used or disclosed for the purpose for which it was collected or received unless the individual has otherwise consented. Personal Information may only be retained for the amount of time needed to fulfil the purpose for which it was collected or received.

In certain exceptional circumstances, BNA may have a legal duty or right to disclose Personal Information without an individual’s knowledge or consent.

 

How We Use Your Information

 

At BNA we may use Personal Information to carry out one or more of the following:

    • To communicate with customers in order to provide our products and services.
    • To assist in the development and marketing of our products and services.
    • To conduct credit investigations and collect financial information from credit reporting agencies.
    • To forward to financial institutions and debit and credit card associations (including Visa, Mastercard and Interac).
    • To establish and maintain relations with customers, suppliers, financial institutions, and affiliates, and to provide ongoing products and services, administer accounts, make and receive payments, engage in leasing arrangements and fulfill contractual obligations.
    • To develop, enhance, market, sell, provide and inform our customers of products and services of third parties, including our affiliates with whom BNA has a commercial relationship.
    • To update and verify our databases and information provided by third parties.
  • To engage in business transactions, including without limitation, the reorganization, purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposition, securitization or financing involving BNA or its affiliates.

We will only use Personal Information for the purpose that we have previously disclosed. If we want to use the information for a different purpose, we will notify the individual or merchant and obtain their consent first. 

 

When We are Permitted to Disclose Information

 

(i) When Authorized

Many of the services offered by BNA require us to use Personal Information in order to perform the services we have been engaged to provide. We will always obtain consent first, and we will never use the information for purposes other than those we have previously disclosed.

Consent may be withdrawn at any time, subject to any legal or contractual implications (which we will inform you about). In some cases, if you do not consent to our use or disclosure of certain Personal Information, we may be unable to continue to provide all or part of the services you have requested.

 

(ii) When Required by Law

In some cases, such as under a court order, we may be required to disclose certain information to persons specified in the court order. We will only provide the specific information requested and only upon being satisfied that the authorities have legitimate grounds to request the information.

 

(iii) When Permitted by Law

The legislation has provided certain situations where BNA is legally permitted to disclose Personal Information without your consent. Examples for the disclosure of Personal Information include situations involving the collection of debt in arrears, medical emergencies, or suspicion of illegal activities. 

 

With Whom We May Share Information

 

(i) BNA Employees

In the course of daily operations, access to Personal Information is limited to those employees with a legitimate reason for accessing it. As a condition of their employment, BNA employees are required to follow all applicable laws and regulations, including this Privacy Policy. Unauthorized use or disclosure of confidential Personal Information by any BNA employee is prohibited and may result in disciplinary measures.

 

[NTD:  Confirm process at BNA regarding employees and confidentiality]

 

(ii) BNA Affiliates

In order to better meet our customers’ needs, we may share some Personal Information with BNA affiliates. Should you not want to receive promotional materials from or have your Personal Information shared with BNA affiliates please contact the Chief Privacy Officer at the address, phone number or email address provided at the end of this Policy.

 

(iii) BNA Third Party Contractors

We may engage and coordinate third party contractors to provide you with certain services offered through BNA. Such contractors are only given the information that is needed to provide the specific service for which we contract them to provide. Contractors are obliged to protect the confidentiality of your Personal Information and are prohibited from doing anything with this information that we have not authorized them to do. They are required to treat your Personal Information in a manner consistent with the BNA Privacy Policy.

 

(iv) Sale of Business

We may transfer your Personal Information to a third party in connection with a reorganization, sale, merger or other disposition (whether of assets, stock or otherwise) of our business.  Personal Information may be disclosed to a potential successor of our business, for the purpose of allowing the potential successor to asses and evaluate our operations.

 

Principle 6 – Accuracy

 

BNA will keep Personal Information as accurate, complete and current as necessary to fulfil the identified purposes for which it was collected or received. You may have this information amended where it is found to be inaccurate or incomplete.

 

Principle 7 – Safeguarding Information

 

Personal Information is safeguarded using measures appropriate to the sensitivity of the information.

 

How We Safeguard Information

 

BNA will use reasonable efforts and security measures to protect Personal Information against loss or theft, as well as unauthorized access, use and disclosure. BNA has extensive controls in place to maintain the security of its information and information systems. Files containing Personal Information are stored according to the sensitivity of the information contained therein and are backed up at offsite locations. Appropriate technological controls (such as passwords, encryption, firewalls) are placed on our computer systems and data processing procedures. Physical controls (such as locked filing cabinets, restricting access to offices, alarm systems) are in place as are organizational controls (such as staff training and access on a “need to know basis”).

 

BNA may store and process your Personal Information at BNA’s offices in Canada, or elsewhere.  To the extent BNA employs third-party service providers to store, handle or, process Personal Information on our behalf, we will use contractual and other means in an attempt to provide a comparable level of protection.  Service providers, however, may be located in various countries, so please be aware that authorized officials of governments in those countries may be lawfully able to access your Personal Information without your knowledge or consent pursuant to the laws of such countries.

 

Website Security

 

The BNA website may contain links to other websites, including those of its business partners. BNA is in no way responsible and cannot guarantee the content or privacy of other sites linked to our website.

 

 

Principle 8 – Openness

BNA will make available to its customers (including customers of merchants) information about the policies and procedures BNA uses to manage Personal Information.

 

Principle 9 – Access

Upon written request to BNA’s Chief Privacy Officer, you will be informed of the existence, use and disclosure of your Personal Information and will be given access to it.  You also have the right to verify or amend the information if it is shown to be inaccurate. BNA will respond to all such requests as efficiently as possible and no later than 30 days for a request for Personal Information. If BNA is prohibited from providing such access they will explain the reasons for the lack of access, except where prohibited by law.

 

Principle 10 – Addressing Complaints and Suggestions

You may challenge BNA’s compliance with this Privacy Policy. BNA has policies and procedures to receive, investigate and respond to complaints and questions regarding this Privacy Policy and our receipt, collection, use and disclosure of Personal Information. Complaints will be investigated and where a complaint is found to be justified, BNA will take appropriate measures, including amending our policies and practices, when necessary. You may contact BNA’s Chief Privacy Officer to make a complaint, express any concerns or to request access to your Personal Information.

 

Questions, Concerns and Complaints

 

If you have any questions, concerns or complaints about your Personal Information, or about the BNA Privacy Policy, please contact our Chief Privacy Officer using the contact information provided below:

 

Chief Privacy Officer
  Matt Moore
905.726.9753 x 101
matt@bnasmartpayment.com

 

Changes to this Privacy Policy

 

We may change this Privacy Policy from time to time.  Any changes will be posted on our website at ● and will be made available upon request through our Chief Privacy Officer.

 

E-mail: info@bnasmartpayment.com