Updated: October 11, 2024

INTRODUCTION

Kapcharge Inc. and its affiliates and subsidiaries including, Kapital Solutions Inc., Kaptrak Inc., Kapcharge (USA) Inc. and Kapital (USA) Inc. (Individually a “Kapcharge Entity” and collectively “Kapcharge” or “we” or “us”), are committed to protecting your personal information that we collect, use, and disclose in the course of providing our services and operating our business in accordance with applicable privacy laws. We recognize the importance of data privacy, and this Privacy Policy sets out in general terms how we collect, use, disclose and protect the personal information of our merchant customers, other individuals and our Website users (collectively “you”).

Unless stated otherwise, our current Privacy Policy applies to all information that we may have about you.

Personal Information

Privacy legislation in Canada defines Personal information as any information which relates to a natural person and allows that person to be identified. In general, personal information does not include business contact information, including your name, title or position, business, telephone or facsimile number.

What Personal Information Do We Collect and How Do We Collect it?

During the application and onboarding process as well as when providing our services, which includes online payment products and services, value-added services and software support services, we collect the following types of Personal information which includes but is not limited to:

  • Information you provide us with via email, telephone, application forms, agreements, the Kapcharge platform and social media.
  • Contact information and identifiers for individuals such as name, date of birth, email address, phone number, physical address, account credentials (e.g., username) and similar identifiers.
  • Identification documents and numbers such as driver’s licence.
  • Corporate information such as internal documents, details on authorized representatives, financial information, banking information, physical and billing addresses, and other details required for legal and regulatory purposes.
  • Information from your merchant account(s), banking account(s), and transactions, including balances.
  • Supplementary information obtained from external sources like partners, service providers, financial institution(s), and identity and sanctions verification services.
  • Information necessary for payment processing services such as customer information, which includes, full name, banking information, physical address, email address, and social security number (as applicable) of our merchant’s customer(s).

We may also collect personal information about you in the following circumstances:

  • When you communicate with us in person, by phone, email, social media platforms.
  • When you apply for a job or work for Kapcharge, its subsidiaries, and/or affiliates. This includes personal details like name, email, physical address, telephone number, and social insurance number.
  • Through online interactions on our Website (www.kapcharge.com), email communications, and online advertisements. This information is collected in order to help us authenticate you, to enable account access, administer the Website, and for analytical purposes to understand site usage, interactions and tailor our website. Please refer to the “Cookies and Website Data” section below for more details.

Why We Collect and How We Use and Disclose Personal Information?

As a part of our business operations, we routinely collect, use and disclose personal information for the primary purpose of providing payment products and services as well as for the following purposes:

  • to establish and maintain a commercial relationship with you.
  • to provide you with the products, solutions and services you have requested including issuing invoices, administering accounts, collecting and processing payments and/or payment data, reconciliation and accounting, to evaluate credit standing of our merchant customers, and fulfil contractual obligations.
  • to provide services through our partners, third-party service providers including financial institution(s).
  • to respond to customer inquiries and communicate with you and other individuals when providing our services, evaluating customer service and satisfaction and to safeguard your interests.
  • for reporting purposes and for security measures under applicable rules and/or regulations which relates to but is not limited to debit cards, Electronic Fund Transactions (EFT), Automated clearing house (ACH) transactions, Interac e-transfer and anti-money laundering requirements.
  • to detect, investigate and monitor potentially fraudulent, questionable or illegal activities regarding your merchant account(s) and/or the use of our services.
  • to develop and manage our business operations, document management systems as well as our accounting systems and databases.
  • for marketing purposes in order to offer you additional products, services and solutions we believe you might be interested in.
  • for employment purposes.
  • to comply with applicable legal or regulatory requirements or provisions and to comply with contractual obligations.

How is my personal information shared or disclosed?

Kapcharge is not in the business of selling your personal information. There are however certain circumstances in which we may share your personal information with our subsidiaries and affiliates as well as with certain third-party service providers and partners without further notice to you.

We may share/disclose the personal information we collect as outlined below.

Subsidiaries, Affiliates and Partners: We may share your personal information with our subsidiaries, affiliates, and trusted partners in accordance with applicable privacy laws. This sharing is done to facilitate the provision of our services, enhance your user experience, and for other legitimate business purposes. They are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.

Third-Party Service Providers: We may share your personal information with trusted third-party service providers who assist us in operating our Services. These providers offer various services, such as customer support, hosting, data analytics, payment processing, sanctions screening, productivity tools, email delivery, marketing, ad measurement services, and database management services. They are authorized to use your personal information solely as directed by us and are strictly prohibited from using or disclosing your information for any other purpose.

We are currently using a third-party analytics provider, such as Google Analytics, who support our research and analytics efforts. They may utilize collection technologies to help us gain insights into your usage of our services, enhance those technologies, and optimize your overall experience and interactions. For more details on how Google Analytics handles information, please refer to Google Analytics’ Privacy Policy. To opt out of Google Analytics’ utilization of your information, you can click here.

Professional Advisors. We may disclose your Personal information to professional advisors, such as lawyers, auditors, accountants and insurers, when necessary.

Legal Compliance and Safety. We may disclose your Personal information for compliance, fraud prevention and detection, safety, and legal proceedings.

Business Transfers. We may disclose your Personal information in connection with a business transaction (or potential business transaction), such as a merger, consolidation, acquisition, or in connection with a reorganization. In the event of a Business Transfer, we will ensure that any such transfer is done in compliance with applicable data protection laws and that the privacy and security of your personal information are appropriately safeguarded. By using our Services, you acknowledge and agree that your personal information may be transferred to a new entity or organization, and that any subsequent use of your personal information will be governed by the privacy policy of the new entity or organization, to the extent permitted by law.

Except for what is set out above, you will be notified in advance if your personal information is to be used and/or shared with third parties, giving you the chance to provide your consent.

Can my information be shared outside of Canada?

The personal information you provide to us is stored on cloud servers in Quebec and Canada.

In providing the Services, maintenance and support mentioned above in this Privacy Policy, your personal information may be stored, accessed, or used in a country outside of Quebec or Canada such as the United States by Kapcharge its affiliates, subsidiaries, third-party service providers, partners and financial institutions. Personal information processed outside of Canada is subject to the laws of that country’s jurisdiction, which may differ from your jurisdiction. Any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. By providing Kapcharge with your personal information, you are consenting to cross-border transfers and Kapcharge will use all reasonable measures to safeguard your personal information that meet Canadian Standards and ensure that security safeguard measures are in place.

These subsidiaries, affiliates and third-party service providers have access to personal information needed to perform their functions and may not use it for other purposes.

Kapcharge Services used by Minors:

Kapcharge does not sell or provide Services to minors. If you are under the age of 18, you may use Kapcharge’s products and Services only with the involvement of a parent or guardian. Kapcharge does not knowingly collect personal information from minors. If you have reason to believe that a minor has provided personal information to Kapcharge, please contact us, and we will delete that information from our databases.

Cookies and Website Data

When accessing our website, we may use cookies and other technologies. Cookies are small files that our website sends to your computer and are stored by your browser (e.g., Microsoft Edge or Chrome). They save information about your interaction with our Website, such as login credentials, usage preferences, and to improve your user experience. We may collect personal information about you and your website usage through cookies as outlined below:

  • Strictly necessary cookies. These cookies are required for the operation of our website such as allowing you to log into secure areas of our Website.
  • Functionality cookies. These cookies allow us to recognize you when you return to our Website and so we may customize your online experience, for example, by remembering you choice of language or region.
  • Analytical cookies. We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on our Website, for example, the search terms, time spent on the website which will be used for our statistics.

You can choose not to accept cookies by adjusting your browser settings. If you choose to not accept cookies, some areas of our Website may not function as intended or optimally.

Links. Our Website may present links to other websites. Please be aware that operators of any linked websites may also collect your personal information as well as information that is generated through cookies when you click the link to their websites. Kapcharge is not responsible for how third parties collect, use or disclose your personal information, so you must review the privacy policy of each of those websites before browsing and/or providing them with your personal information.

Internet Advertising. We advertise on third-party websites and may also advertise third parties on our Website. Third party websites may use cookies, tracer tags or web beacons to report information about your interaction with these websites and online ads so that we may tailor the content that we send or show you as well as for analytical purposes to better understand the digital interaction you may have with Kapcharge.

E-mail communications. We may send e-mail communications to our merchant or to individuals in our contact database regarding important information related to their accounts, services and/or products or to send promotional emails. Each promotional email includes an opt-out feature and instructions on how to unsubscribe if you do not wish to receive future e-mails from Kapcharge for promotional purposes.

On-line Communications. In order to provide our Website visitors with information or requested services, visitors may voluntarily submit personal information to us for receiving a publication, reading a blog post, participating in surveys or asking a question. We use the personal information you provide only for the purpose for which you have provided it.

Safeguards

Kapcharge works to protect your personal information in our systems from loss, misuse, unauthorized access and alteration by using controls and measures that include administrative, physical and technical safeguards. In order to ensure strict adherence to internal protocols and control systems, there is a requirement to manage team member’s access to information based on their job responsibilities and genuine “need to know” situations. Whenever feasible, access controls are precisely outlined to limit information availability solely to what is essential and aligned with the specific job role(s) of our staff members.

It is important for you to protect against unauthorized access to your merchant account, username, and password. Be sure to protect your username and password and not share it with anyone.

We test, review, and update our security practices periodically to improve and enhance our security systems.

Retention of Your Personal information

Kapcharge will retain personal information as long as it remains relevant to fulfill the purpose(s) for which it was collected and is necessary to comply with legal, regulatory, and contractual obligations as well as for internal fraud detection and monitoring purposes.

Kapcharge has internal procedures and controls for the retention and destruction of records containing personal information. Once personal information is no longer necessary for its intended purposes, for fraud detection and monitoring or for legal, regulatory, and contractual obligations, it will be deleted.

Any data breaches will be reported to the Office of the Privacy Commissioner of Canada without undue delay and, where feasible, not later than 72 hours after having become aware of it.

Access rights to information and Inquiries

In accordance with applicable law, you have the following rights:

  • You can inquire about the existence of your personal information held by us and request copies of such information, as well as details about its processing.
  • You can request the correction of any inaccurate personal information. We make every reasonable effort to keep your personal information as accurate, complete and up to date. We encourage you to verify the accuracy and completeness of your information in our records.
  • You can request the deletion of personal information that is no longer necessary for its intended purpose (this request may be subject to restrictions due to legal, regulatory, and contractual obligations).
  • You can lodge a complaint with us concerning our practices related to your personal information.

To exercise your rights as mentioned above, please contact the Kapcharge Privacy Office by emailing [email protected] by writing to us at 510 Decarie Boulevard, Saint-Laurent, Quebec, H4L 3K9 or by using our online support page. Please note that a reasonable charge may be applicable for certain requests.

If you are a Merchant Customer: To ensure the accuracy and completeness of your personal information, please contact your Kapcharge representative to update or correct any previously submitted information.

If you are a California resident, under the California Consumer Privacy Act (CCPA) you have certain rights concerning your Personal Information. You have the right to request to know what Personal Information we collected in the preceding 12 months, including its sources and disclosure details. Additionally, you have the right to request the deletion of your Personal Information and correction of any inaccuracies. While we do not sell your Personal Information, we may share it with third parties to provide our services. You also have the right to limit its use to certain purposes permitted by law. Please note that certain information may be exempt from such requests, for example if we need to keep the information to comply with our own legal, regulatory and contractual obligations or to establish, exercise, defend legal claims or to detect and monitor fraudulent activity. You will not face discrimination for exercising your privacy rights. To make any requests, contact us at [email protected], by writing to us at 510 Decarie Boulevard, Saint-Laurent, Quebec, H4L 3K9 or by using our online support page.

For security purposes, we will require proof of identity and sufficient details to identify you and your personal information before fulfilling any of the request(s) indicated above

What Information Can I Access As a Merchant

By logging into your Merchant Account, you can access your information, which includes your merchant profile, customer profile, and transaction details. For all other information please contact your Kapcharge representative.

Consent

We rely on your consent to continue to collect, use and disclose your personal information for the purposes we have identified to you. Consent will be sought when initiating contact with us or when clients voluntarily provide personal information via email, telephone, forms, agreements, Kapcharge platform and social media. We assume that an individual has consented to the reasonable collection and use of their personal information, which aligns with the purposes for which the information was provided and the continued use of the Kapcharge services.

However, we want you to know that you do have choices and can refuse or withdraw your consent as follows:

  • Kapcharge will not send unsolicited emails in connection with the Marketing of Kapcharge, its services or products. Kapcharge complies with Canada’s Anti-Spam Legislation. If you receive promotional emails from us, you have the option to opt-out/unsubscribe using the provided tool in those messages. You may also have your name removed from one or more of our marketing lists by contacting your Kapcharge representative, we use these lists to inform you of relevant products, services and special offers that may be of benefit to you. This will not affect your receipt of administrative emails (for example, emails about your account, transactions, or policy changes.
  • You may refuse to provide information to us and/or may also withdraw your consent at any time, subject to legal, regulatory or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you and may force us to cancel some or all of the Services you receive from us.
  • You may also have the right to opt out of the sharing of your personal information. To opt out of such activities, please submit a request to us by sending an email to [email protected]. Should you choose to opt out of sharing your personal information, we will not withhold or alter our Services, unless certain third-party service provider functions are necessary for our business, such as hosting our Website and servers, fraud prevention and payment processing and thus require the sharing of your personal information. If you opt out of sharing your personal information this may limit our ability to serve you and may force us to cancel some or all of the services, you receive from us.
  • For further information about the above options, please contact us at [email protected].

When we process our Merchant’s customer data, which may include but is not limited to name, telephone number, physical address, email address, debit card information and bank account information, we rely on our merchant to ensure that they have all the necessary authority and consent under applicable privacy laws which allows us to provide Services on their behalf. Please refer to the privacy policy of the merchant you are dealing with for more information about their privacy practices.

Addressing your Inquiries and Concerns

If you have any questions, concerns or complaints regarding our Privacy Policy or privacy practices, please contact our Privacy Officer in writing by:

Email: [email protected]

Mail:
Kapcharge Privacy Office
510, Decarie Boulevard
Saint-Laurent, Quebec, H4L 3K9

Support Page:
By using our online support page.

If you are not satisfied with how we have attempted to resolve your questions, concerns or complaints, please consult the federal or provincial/state privacy commissioner in your jurisdiction.

Changes to our Privacy Policy

To reflect the ongoing changes in our industry, Kapcharge periodically reviews its policies and may make changes to this Privacy Policy without prior notice. Please review this Privacy Policy from time to time and especially before you provide us with your personal information. Your continued use of our Website and/or Services shall indicate your agreement to our Privacy Policy.

This Privacy Policy was last updated on the date indicated above.