Last Updated on February 9, 2021
SocialPay Inc., a Delaware corporation, owns and operates the website www.socialpaynow.com (the “Platform”). The Platform provides crowdfunding options, whereby non-profit organizations can establish or gain access to campaigns, payment services, events, conferences and crowdfunding options. The Platform serves as an intermediary between non-profit organizations and funding partners by facilitating transactions between them.
- BACKGROUND AND DEFINITIONS
“Campaigns” shall refer to the funding campaigns established on the Platform. Every Campaign shall specify the purpose thereof, a description of the purpose, the duration of the Campaign, the financial goal and the amount raised.
“Funding Partners” shall refer to SocialPay’s partners, which may include event planners, service providers and other entities who provide services, goods, or other resources to Non-Profit Organizations at preferential prices.
“Non-Profit Organizations” shall refer to the non-profit organizations and their members, who access and use the Platform.
“Office” shall refer to the division of SocialPay that is responsible for assessing the Non-Profit Organizations. The Office shall also be responsible for screening and approving the User accounts.
“Users” shall refer to all users of the Platform, whether they are Non-Profit Organizations, Funding Partners, or visitors of the Platform.
For interpretation purposes, the term “Platform” shall refer to the website www.socialpaynow.com and the mobile application currently under development, which shall be named SocialPay.
- INFORMATION PROVISION
There is no obligation or requirement to provide personal information to access or visit the Platform. To be recognized as a Non-Profit Organization and to establish Campaigns, it is necessary for the Non-Profit Organization to create a User account. The creation of the User account by the Non-Profit Organization shall follow the instructions provided on the Platform.
When creating the User account, the Non-Profit Organization shall provide accurate and complete information, which may include, the Non-Profit Organization’s name, list of members, purpose, address, mission objective, revenues, contact information and other relevant information requested by the Office. The Non-Profit Organization shall submit the information requested to the Office for review and handling.
The Office shall review the information provided by the Non-Profit Organization to approve and certify the Non-Profit Organization’s User account to the Platform. The Non-Profit Organization acknowledges that without the information requested, the Office may not certify the Non-Profit Organization’s User account, which would prohibit the Non-Profit Organization from engaging in Campaigns and benefitting from certain services offered on the Platform.
- PERSONAL INFORMATION
By law, personal information is defined as information relating to an identifiable individual (also referred to as a natural person). Personal information includes, without limitation, an individual’s name, residential address, email, payment information, credit card number, and other private information regarding a specific individual.
Personal information allows an individual to be identified, either directly or indirectly. Information allowing for the indirect identification of an individual shall include, without limitation, location data, and online identifiers.
- HANDLING AND COLLECTION
The collection and handling of personal information on the Platform shall remain fully compliant with applicable laws and regulations.
All personal information provided by Users on the Platform shall be subject to the confidentiality measures implemented by SocialPay. Consequently, SocialPay shall not communicate, disclose, transmit or otherwise share personal information with its employees, directors and affiliates (collectively, the “Affiliates”) except for those who require such information.
The collection and handling of personal information by SocialPay and its Affiliates shall be handled in a manner that is transparent and lawful.
- TYPE OF PERSONAL INFORMATION COLLECTED
As previously mentioned, for Non-Profit Organizations to be certified and approved by the Office, the Non-Profit Organization shall submit information requested to complete the User account. The information to be provided by Non-Profit Organization to create a User account shall include the Non-Profit Organization’s mission, objectives, total number of members, annual revenues, authorized representatives, offices, scope of activities, and national and international impact. The Non-Profit Organization may also submit its payment information to benefit from the payment services, preferential rates and discounts available to authorized users of the Platform. The payment information shall be stored by SocialPay to allow the Non-Profit Organization to engage in transactions, pay for services or events, and to build the Non-Profit Organization’s credit score.
The Office shall review the information provided to verify if the Non-Profit Organization is focused on making impactful and lasting changes. The Office shall curate its list of approved Non-Profit Organizations based on their purpose, their commitment to fulfilling such purpose, their effectiveness, productivity and engagement in civic, economic and financial sectors. Non-Profit Organizations shall be expected to engage in citizenry, personal and professional growth as well as organic sustainable growth and scalability.
The Office reserves the right to refuse to certify any Non-Profit Organization that fails to provide the requested information. The information collected by the Office shall consist of the information voluntarily provided by the Non-Profit Organization.
- USAGE OF PERSONAL DATA
SocialPay shall be authorized to use personal information and information provided on the Platform to provide services, features and preferential pricing to Users. Further, SocialPay may use such information to allow Non-Profit Organizations to transact and interact with other Users on the Platform, including Funding Partners. As such, SocialPay shall use the information provided on the Platform to: (i) offer services, options and features available on the Platform, (ii) facilitate exchanges between Non-Profit Organizations and Funding Partners, (iii) manage and handle Campaigns in conjunction with the relevant Non-Profit Organization, (iv) provide the Social Pay Impact Card, (v) offer discounts, preferential pricing and rebates and offers from Funding Partners, (vi) process payments, (vii) grant access to exclusive and personalized content, (viii) review and assess the User accounts, and (ix) provide support and respond to inquiries.
Upon the Non-Profit Organization’s approval by the Office, SocialPay shall issue a Social Pay Impact Card to such Non-Profit Organization. The Social Pay Impact Card shall grant the Non-Profit Organization benefits and rewards to foster growth and the fulfillment of the Non-Profit Organization’s mission.
The Non-Profit Organization may add funds to its Social Pay Impact Card. The Social Pay Impact Card may be used to purchase supplies for events and other relevant merchandise. SocialPay may issue secondary cards to members of the Non-Profit Organization, which funds held may be applied towards the payment of annual fees, yearly events, conferences, educational programs and project Campaigns.
SocialPay shall report the Non-Profit Organization’s payments and transactions to credit bureaus to build the Non-Profit Organization’s credit. The Non-Profit Organization therefore consents to SocialPay’s sharing information with credit bureaus to establish credit to allow the Non-Profit Organization to participate in national or international projects.
SocialPay reserves the right to establish and pursue investment ventures for the purposes of providing additional revenue streams for the selected stakeholders and Non-Profit Organizations.
By providing information on the Platform, the User agrees that SocialPay may use such information to provide customized recommendations, opportunities, and updates with respect to the Platform, the User account, or other matters relating to the User. The customized recommendations and opportunities may refer to promotional materials and newsletters relating to causes, donors, business support, research and development projects, Campaigns, education, resources and similar matters. SocialPay may also use information provided by the User to respond to the User’s inquiries, concerns, information requests and other claims.
SocialPay may use the information to email the Non-Profit Organizations and the Funding Partners regarding community events, professional support, and engagement. In addition thereto, SocialPay shall use personal information collected from the Platform for statistical purposes. As such, information shall be assessed to calculate metric data, performance data, and statistics relating to usage and interest on the Platform.
The User may unsubscribe or no longer receive written communications or notices in connection with the Platform, at any time, by sending a request. This request may be sent by email or through the Platform.
- LEGAL OBLIGATIONS AND COURT ORDERS
In accordance with applicable legislation, SocialPay shall communicate and disclose personal information if required by a legal obligation or a valid court order. In such cases, SocialPay, shall disclose all necessary information in compliance with applicable laws and regulations.
In case of a legal obligation arising out of a binding law or a court order, SocialPay may have no choice but to disclose the information without notifying the affected User in advance. Users of the Platform understand that SocialPay shall not need to advise them prior to disclosing information if required by law. SocialPay shall try, if permissible, to notify the affected User of SocialPay’s obligation to disclose information, but SocialPay does not guarantee that the affected User shall be notified in advance. This notification shall grant the User the opportunity to secure a protective order or legal remedy to protect the confidentiality of the information.
When legally obligated to disclose information, SocialPay shall ensure the information disclosed is limited to information that is strictly necessary to comply with the legal requirement of the legislation or court order. If required by a valid court order, SocialPay shall disclose information collected from the Platform. The information shall be disclosed by SocialPay according to the instructions in the court order.
- INFORMATION STORAGE
The personal information collected on or through the Platform shall be stored and maintained in SocialPay’s servers and in a trusted third party’s servers. The third party hosting the servers abides by strict protocols to ensure the security of the information stored.
Any information relating to payments and credit cards shall be handled by SocialPay’s secured partner, who shall maintain the confidentiality and safety of such information.
All information held by SocialPay shall be stored for the duration required to fulfill the objective for which it was obtained. Notwithstanding the foregoing, SocialPay shall not maintain information on file for an unreasonably lengthy or excessive duration.
Further, such information shall remain in the Platform’s servers for the duration that is necessary considering the purpose, applicable laws and the consents provided by the User. If the storage of information for an extended duration is required for reasons of public interest, SocialPay shall exercise its right to store the information in its servers for a longer time.
- CONFIDENTIALITY AND SECURITY
SocialPay shall safeguard personal information from unauthorized disclosure, violations, damages or other breaches. In addition to the measures implemented by SocialPay to protect the security and confidentiality of personal information provided on the Platform, the Platform’s servers encourage Users to regularly change their passwords for security purposes.
- RIGHTS IN CONNECTION WITH THE PERSONAL INFORMATION
Users who share and provide personal information by way of the Platform shall benefit from a number of rights in connection with the personal information provided. Users of the Platform who submit personal information shall be entitled to exercise such rights in connection to the personal data submitted.
Any User who submits or provides personal information on the Platform shall have the right to access such information. Users wishing to exercise this right shall formulate a written request to SocialPay in accordance with the requirements set forth in the Platform’s Terms and Conditions. SocialPay shall review the written request to verify its merits. If the User’s request is founded, SocialPay shall submit the requested information to the User within a reasonable timeframe.
SocialPay employs caution and care when gathering information from Non-Profit Organizations. SocialPay shall use reasonable commercial efforts to input correct information on the Non-Profit Organizations and their members.
Despite SocialPay’s best efforts, an error or typo may occur. Any User can request the correction and rectification of any erroneous, incorrect, or otherwise unacceptable personal information concerning the User or the Non-Profit Organization it represents. A User’s request to this effect shall be submitted to SocialPay in writing in the manner detailed in the Terms of Conditions. The request shall specify which information is erroneous and such request shall be justified. SocialPay undertakes to perform the necessary due diligence to assess such requests. If the request is justified, SocialPay shall then make all necessary corrections and updates. If the erroneous information was transmitted to a credit agency, SocialPay shall, on behalf of the Non-Profit Organization, submit the correct information to the agency or bureau.
A User, acting on behalf of a Non-Profit Organization, may also request for information regarding the Non-Profit Organization to be deleted from the Platform and its servers. Any such request shall be made in writing and submitted by email. The request shall further provide a legitimate cause or reason for which the deletion is sought. SocialPay reserves the right to request additional information from the User to assess the request. Provided the legitimate cause or reason has been demonstrated by the requesting User, SocialPay shall then delete, obscure, remove or otherwise destroy the relevant information from its servers.
Non-Profit Organizations may request to obtain the information submitted on the Platform in a printable, structured, commonly used and machine-readable format. The request to obtain information in such a format shall be sent to SocialPay in writing via email or through the Platform. SocialPay shall then provide the information in the format requested if reasonable and feasible to do so. The formatted and structured information may be used by the Non-Profit Organizations to promote their Campaigns, or in furtherance of their purposes.
- SPECIFIC CONSENT
Any such specific consent may pertain to the disclosure, handling, collection, maintenance, storage and usage of the User’s personal information.
- DATA TRANSFERS
As the Platform’s servers are based in the United States, SocialPay shall not transfer any personal information collected from or via the Platform outside of the United States, except if the transfer complies with data protection legislation and privacy laws. As such, SocialPay reserves the right to transfer personal information collected from the Platform to countries that are bound by strict privacy and data protection laws. The United Kingdom, as governed by the General Data Protection Regulation 2016/679, complies with data protection principles which are as stringent and enforceable as those in the United States. In consideration thereof, personal information may be transferred to the United Kingdom and to countries located within the European Union.
- COOKIES AND AUTOMATIC DATA COLLECTION
SocialPay further reserves the right to use web beacons on the Platform. Web beacons, also referred to as tags and pixels, consist of small electronic graphic images that remain embedded in a webpage, thereby validating that users accessed specific content. Web beacons tend to be used for statistical and analytical purposes. Web beacons can be used to determine the number of Users who accessed a specific page or the popularity of content published on the Platform. Should SocialPay use web beacons, these shall be applied to determine which content on the Platform is effective and of interest to its Users.
- THIRD PARTY LINKS
These Third Party Links are provided for convenience, reference and information purposes, thereby providing Users with tools to communicate with business sponsors. The Third Party Links may facilitate the contribution of points to the Social Rewards Program, as offered on the Platform. These Third Party Links shall not bind or otherwise engage SocialPay in any way.
- QUESTIONS, COMMENTS AND REQUESTS