Nosh Privacy Notice
Effective as of May 1, 2021
This “Privacy Notice” describes the privacy practices of Nosh.ng and our subsidiaries and affiliates (collectively, “Nosh”, “we”, “us”, or “our”) in connection with the www.nosh.ng website, the Nosh mobile application, and any other website or mobile application that we own or control and which posts or links to this Privacy Notice (collectively, the “Service”), and the rights and choices available to individuals with respect to their information.
This Privacy Notice does not apply to the privacy practices of the merchant whose gift card is sold via the Service. We may provide additional or supplemental privacy notices or policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies or notices will govern how we may process the information in the context of the specific product or service.
Personal Information We Collect
Information you give us
Personal information you may provide through the Service or otherwise communicate to us includes:- Contact information, such as your first and last name, email address, mailing addresses, phone number, and company name.
- Profile information, such as your username and password that you may set to establish an online account with us, your date of birth, your gender, etc..
- Feedback or correspondence, , such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
- Payment information, , such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online. , such as your credit or debit card information, cryptocurrency wallet address, or the fact that payment was completed through a third-party payment solution (such as ApplePay or PayPal); and, in the case of corporate sales, bank account information and purchase order number.
- Precise geolocation information, such as when you authorize our mobile application to access your location. Transaction information, such as information about the gift cards you purchase and the personal message you may choose to include in connection with a gift card order Gift card information, such as your gift card number and PIN.
- Usage information, such as when you authorize our mobile application to access your location.
- Gift card information, such as your gift card number and PIN.
- Usage information, such as information about how you use the Service and interact with us, including information associated with any content you submit to us.
- Marketing information,such as information such on your preferences for receiving communications about our offerings and promotions, and details about how you engage with our communications.
- Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Notice or as otherwise disclosed at the time of collection.
Information we receive about gift card recipients
When a user of the Service purchases a gift card as a gift, we receive the recipient’s name and email address or phone number. The gift buyer must have the recipient’s permission to provide us with the recipient’s contact details so that we may deliver the gift card.
Information we obtain from third-party platforms and social media networks
We may maintain pages for our company, and our products and services on third-party platforms, such as Facebook, LinkedIn, Twitter, Google+, YouTube, Instagram, and other social networking services. When you interact with our pages on those third-party platforms, the third-party’s privacy policy will govern your interactions on the relevant platform. You may choose to provide us with information through the third-party platform, and we will treat such information in accordance with this Privacy Notice. If the third party platform provides us with information about our pages on those platforms or your interactions with them, we will also treat that information in accordance with this Privacy Notice. If you choose to login to the Service via a third-party platform or social media network, or otherwise connect your account on the third-party platform or network to your account through the Service, we may collect information from that platform or network. For example, if you connect via Facebook, this information may include your Facebook username, user ID, profile picture, cover photo, and networks to which you belong (e.g., school, workplace). You may also have the opportunity to provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address.
Information we obtain from merchants and third parties
We may receive personal information about you from merchants. For example, a merchant may share your contact information with us if you have expressed interest in purchasing a gift card with the merchant or have previously done so. We may also obtain your personal information from other third parties, such as marketing partners, and publicly-available sources.
Cookies and other information collected by automated means
We, our service providers, and our business partners may automatically log information about you, the device you use to access the Service, and your activity on the Service. The information that may be collected automatically includes your device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, preferred language, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications. On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), Flash-based LSOs (also known as “Flash cookies”), web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our mobile application.
- A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.
- Browser web storage or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content on a webpage or in an email was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites.
- An SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.
Referrals
Users of the Service may have the opportunity to refer friends or other contacts to us. You may submit a referral only if you have permission to provide the referral’s contact information to us so that we may contact them.
How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described in this Privacy Notice or at the time of collection:
To operate the Service
We use personal information to:- provide, operate and improve the Service
- maintain gift card wallets on behalf of our users and enable users to export gift card to third-party wallets
- send gift cards purchased through the Service
- provide information about our products and services
- establish and maintain your user profile on the Service
- facilitate your login to the Service via third-party identity and access management providers, such as Facebook and Google
- communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages
- understand your needs and interests, and personalize your experience with the Service and our communications
- provide support and maintenance for the Service
- to respond to your requests, questions and feedback
For research and development
We analyze your use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.
To send you marketing and promotional communications
We may send you Nosh-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications if you want to.
To send you marketing and promotional communications
We may send you Nosh-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications if you want to.
To display advertisements
We may work with advertising partners to display advertisements on the Service or elsewhere online.Advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online.
For compliance, fraud prevention, and safety
We may use your personal information as we believe necessary or appropriate to:
- comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
- protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims)
- enforce the terms and conditions that govern the Service or any gift card purchased through the Service
- protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
With your consent
In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
To create anonymous, aggregated, or de-identified data
We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you.
We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
How We Share Your Personal Information
We do not share your personal information with third parties without your consent, except in the following circumstances or as otherwise described in this Privacy Notice:
Companies within the First Data group
We may disclose your personal information to our subsidiaries and corporate affiliates – including those in the First Data group of companies – for purposes consistent with this Privacy Notice.
Service providers
We may employ third party companies and individuals to administer and provide services on our behalf (such as companies that provide customer support, companies that we engage to host, manage, maintain, and develop our website, and IT systems, and companies that help us process payments). These third parties may use your information only as directed by Nosh in a manner consistent with this Privacy Notice and are prohibited from using or disclosing your information for any other purpose.
Gift recipients
When you send a gift through the Service and provide your name, we will disclose that information to the recipient.
Merchants
Merchants When Nosh performs services, including selling or managing gift cards, for a merchant, it may share personal information with that merchant.
For example, Nosh may collect information about a merchant’s customers from or on behalf of the merchant, such as when we offer or sell gift cards, and Nosh may provide personal information about those customers back to the merchant. In some cases, we may provide the name and contact information of individuals who purchase a merchant’s gift card to the merchant.
We may also provide the opportunity for you to sign up to receive marketing or promotional communication emails from merchants. We are not responsible for the privacy practices of merchants who use our services.
Professional advisors
We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
For compliance, fraud prevention and safety
We may share your personal information with third parties for the compliance, fraud prevention and safety purposes described above. When we share information with fraud prevention companies, those companies may use information about you to help us and their other clients prevent fraudulent or other illegal transactions.
Business transfers
We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
Your choices
Access or update your information
If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt out of marketing communications
You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us via any of our support and customer service channels. Note that you may continue to receive service-related and other non-marketing emails.
Targeted online advertising
Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device. If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
Do Not Track
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals.
Cookies & browser web storage
We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.
Third-party platforms or social media networks
If you choose to connect to the Service via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.
Choosing not to share your personal information
Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.
Links to other websites and services
The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
Security practices
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
International data transfers
We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
Children
The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 4. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.
Changes to this Privacy Notice
We reserve the right to modify this Privacy Notice at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Notice, we will notify you by updating the date of this Privacy Notice and posting it on the Service. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service. Any modifications to this Privacy Notice will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Notice indicates your acceptance of the terms of the modified Privacy Notice.
Acceptance And Change Of Terms
If you do not agree with any of these Terms of Service please do not use the NOSH website, app and its services. By using this site or any of Nosh’s services, you will be deemed to have irrevocably agreed to these terms and conditions.
Please note that these Terms of Service may be revised and reissued without notice at any time. You should visit this page regularly, and before engaging in any trades in particular, to review the current Terms of Service, since your continued use of the site will be deemed as an irrevocable acceptance of any revisions.
Notwithstanding the above, we will strive to notify you of changes to these Terms of Service which significantly affect your rights and obligations. Such notices shall be sent to the email address you provided as part of your account settings and it is your responsibility to keep your contact information up to date.
Statement Of Legality
You hereby warrant, assure, represent and state that the items you are transacting on, selling, or offering for sale on this website was acquired through legal means. You further state that you did not in any manner act as agent or alter ego of the Website in the acquisition of the items. You hereby, specifically state that the items were not stolen or obtained through fraudulent means. And you hereby confirm that if by any chance you violate this statement, we reserve the rights to give you support to any investigating body.
Account Monitoring , Suspension and Termination
Upon probable cause to believe that you have acted in violation of these Terms of Service or:
- That any content or material submitted or shared by you in or through the services violates these Terms of Service or the intellectual property rights, other property rights or the right to privacy of any third party.
- We have reason to believe that your use of the services is in violation of any applicable law or regulation, or that you are using the services in a fraudulent manner or otherwise contrary to the purpose of this Agreement.
- We have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration, identity verification, transactions or any other use of the services, either to us or to another user.
- You have not responded to our inquiries or supplied the information requested by us within a reasonable period of time
- We are required to do so under any applicable law, regulation or an order issued by an authority
- If we determine that you have at any previous point in time violated this Agreement or any other agreement that you have entered into with us,
Upon the occurrence of ANY of the above, NOSH shall immediately close, suspend or limit your account.
Valid payment details must be provided through authorized NOSH web, app, or specified trading system. It is a violation of these Terms of Service to provide payment details through other unauthorized channels and we shall not be held responsible for any loss.
Grievance Policy
NOSH believes in providing excellent service and strives to be sincere and transparent in its approach to customer service. Your confidence in us is of paramount importance to us and we would never place our personal growth before your interest.
This Policy aims to minimize instances of customer complaints, grievances, and disputes through a channelized approach of review and redress.
Your feedback will help us in identifying shortcomings in our product features and service delivery. Your satisfaction is our main objective in our quest to build a healthy customer relationship and deliver excellent service.
NOSH has developed a procedure for the prompt attention to the grievances of its customers with respect to various issues by setting up a “customer support” and “a dispute resolution mechanism”.
AML POLICY
Overview
Money laundering is the attempt to conceal or disguise the nature, location, source, ownership or control of illegally obtained money. Money laundering is most commonly associated with tax avoidance and fraud. However, other individuals may attempt to launder money in order to conceal their identity or finance their operations. ‘Suspicious activity’ is a very difficult concept to define because it can vary from one transaction to another based upon all the circumstances surrounding the transaction or group of transactions. For example, transactions by one customer may be normal based on our knowledge of that customer and their pattern of activity, while similar transactions by another customer may be suspicious. Many factors are involved in determining whether transactions are suspicious including the amount, the nature of the transaction and frequency of deposits/withdrawals from the system.
NOSH LTD. is committed to fighting money laundering and complying fully with anti-money laundering laws in Nigeria. We understand that we have responsibilities to help fight the global battle against money laundering and our commitment will supersede all other privacy obligations contained in our policies. Accordingly, NOSH will take all reasonable and appropriate steps to prevent persons engaged in money laundering, fraud, or other financial crimes from utilizing our products and services. Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable BSA regulations and FINRA rules and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business. Key components of our AML and CTF framework include the following
RISK COMMITTEE
The appointment of an independent risk committee that reports to our board of directors regularly on all risk and compliance matters using a risk-based approach to the assessment and management of money laundering and terrorist financing risks and Comply with the requirements of the Money Laundering (Prohibition) Act, 2011 (as amended), Terrorism (Prevention) Act, 2011 (as amended) and Terrorism Prevention (Freezing of International Terrorists Funds and other Related Measures) Regulations 2013, including related laws and Regulations
INTERNAL CONTROL
Formulate and implement internal controls and other procedures that will deter criminals from using its facilities for money laundering and terrorist financing and to ensure that its obligations under subsisting laws and Regulations are met
KNOW YOUR CUSTOMER
Establishing and maintaining a risk-based approach to Customer Due Diligence (CDD), including customer identification, verification, and KYC procedures. To ensure we meet these standards, our customers are required to provide certain personal details to use certain services available within the platform. The nature, and extent, of what is required is guided by what the customer tries to do with the platform. In certain circumstances, NOSH may perform enhanced due diligence procedures for customers presenting a higher risk, such as those transacting large volumes etc. Maintaining appropriate KYC records for the minimum prescribed periods; NOSH shall ensure timely and accurate rendition of all AML/CFT returns as specified in the SEC AML/CFT Rules and Regulations as well as other relevant Regulations/Act/Guidelines/Circulars that may be issued from time to time by various government agencies. We shall exercise due diligence in identifying and reporting suspicious transactions. Suspicious transactions shall include:
- Transactions that are structured to avoid reporting and record keeping requirements.
- Altered or false identification or inconsistent information or any transaction involving criminal activity in Nosh’s view.
- Entity that belongs to a person or organization considered as terrorist.