Recently updated: December 15, 2020

1. General
   • NAYAX is committed to your right to privacy. Protecting our Users' privacy is a core value of NAYAX, and we take precautions to ensure the protection of our Users' Personal Data (as defined below), as well as to comply with applicable privacy and data protection legislation. We respect the fact that our Users' personal data is their own, and have implemented mechanisms to ensure you have control over your data and content.
   • A reference to “NAYAX”, “we”, “us” or the “Company” is a reference to all NAYAX entities, including the local company that operates this Website and offers the goods and services therein, and the relevant affiliate involved in the data processing activity (e.g., local distributers).
   • This Website offers a platform for purchasing NAYAX’ various Products concerning various services, such as cloud services for cashless payments, payment processing, telemetry systems and management software and app for unattended vending machines (“Services”) offered by NAYAX. Please note, your subscription to one or more of NAYAX’ Services is governed by an applicable Agreement (as defined below), and may also include, demanding your jurisdiction, filling out Know Your Client (KYC) forms, as required under Anti Money Laundering applicable regulation.
   • This Privacy Policy (the “Privacy Policy”) is an integral part of our Terms of Use and Sale, and governs the data collection, processing usage and transfer made by us (or on behalf of us) and our privacy practices with respect to data associated with: (i) individuals who access and use this Website (“Visitors”); and (ii) customer who purchase through the Website (e.g., merchants of vending machines), including new customers who have subscribed to our Services and executed an applicable Customer Agreement (“New Customers”), including anyone who acts on their behalf, such as their employees or contractors (collectively, “Customers”). Visitors and Customers shall also be referred together as “you” or “User”.
   • Any capitalized terms used and not defined herein shall have the meaning ascribed to them in the Terms of Use and Sale.

THE HIGHLIGHTS:

• You are not required by law to provide us with any Personal Data. Sharing Personal Data with us is entirely voluntary.
• Our Website and/or Services are intended for Users over the age of 18. People under such age are not permitted to use the Website or the Services. If you are under such age you should cease your use of the Website and Services immediately.
• You may be entitled to request to review, amend, erase or restrict the processing of your Personal Data, pursuant to applicable laws. Please note that in case you request to erase or restrict the processing of your Personal Data, your use of the Services may be restricted. You may be entitled to exercise additional rights under applicable laws, such as the CCPA, therefore, for further information about your rights - please refer to our User Rights Policy.
• We do not sell, trade, or rent Users' Personal Data to third parties. We only share Personal Data with third parties in connection with the provision of the Services to our Users, or other limited circumstances specified herein.
• If you have any questions or requests regarding the processing of your Personal Data, or would otherwise like to contact us in connection with this Privacy Policy, please send an email to: privacy@nayax.com. 

2. Additional terms that may apply to you
   • Additional terms may apply to you with respect to the Services you purchased from NAYAX, as will be indicted in the applicable agreement executed between you and NAYAX (“Agreement”).
   • If you are using the Services, as a Customer or Customer’s employee, pursuant to the Agreement with Nayax - your Personal Data will be processed in accordance with our Agreement, Nayax Privacy Policy. Furthermore, additional terms shall be applicable to you in connection with the processing of Personal Data regarding your end-users, as further specified in the Data Processing Addendum (“DPA”).
   • Please note that if you are an end-user (i.e., consumer of our Customers) – please refer to the Nayax Privacy Policy for more information about how we collect and process your data.
   • You may not use this Website or submit any data through the Website and/or use the Services if you do not agree to any of the terms hereunder. This Privacy Policy shall not be construed in any manner to derogate from the Terms of Use and Sale or any other applicable Agreement made between NAYAX and you.
   • In the event you are a California resident and the CCPA applies to you (subject to the relevant CCPA provision), please review our CCPA Privacy Notice, for more information regarding your rights and information that you are entitled to under the CCPA.

3. Amendments to this Privacy Policy
   • We reserve the right to periodically revise or update this Privacy Policy. Any modifications to this Privacy Policy will go into effect upon the publication of the revised Privacy Policy on our Website. The last revision date will be reflected in the “Recently Updated” heading located at the top of the notice.
   • We will make a reasonable effort to provide notification in the event that we implement any amendments that substantially change our privacy practices. We recommend that you review this page periodically to ensure that you understand our privacy practices and to check for any amendments.

4. What is Personal Data, and what data is collected about me by NAYAX?

“Personal Data” or “Personal Information” (will be referred together as “Personal Data”), means any information which identifies or can be used to identify a natural person, including, but not limited to, first and last name, phone number, email address, online identifiers, IP address, billing information, information concerning households, devices etc.

“Non-Personal Data”, means non-identifiable aggregated data, such as technical data transmitted by the user’s device and aggregated use of the website. This data is not used to identify individuals.

• Personal Data is only used for limited purposes, as specified below.

• In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the Website or the Services and to enforce the Terms of Use and Sale, as well as to protect the security or integrity of our databases, Website and the Services, and to take precautions against legal liability. Such processing is based on our legitimate interests.
• Non-Personal Data, aggregate and statistical or otherwise anonymized data may be shared without limitation with third parties at our discretion. This information does not contain Personal Data and is used to develop content and services for our Users.

5. Cookies

We use data files such as cookies, pixel tags, “Flash cookies,” or other local storage files provided by your browser or associated applications (“Cookies”). We use these technologies in order to recognize you as a User; customize our Website, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our Website. Please read our Cookie Policy for more information about the Cookies we use. You may at any time program your browser to block Cookies or use the Cookie Management Platform embedded within our Website but please be aware that such blocking may prevent us from providing some or all of the Services to You. These cookies help us track how Visitors use the Website.

6. Will NAYAX Share my Personal Data?
   • Non-Personal Data, aggregate and statistical or otherwise anonymized data may be shared without limitation with third parties at our discretion. This information does not contain any Personal Data and is used to develop content and services for our Users and clients.

We share Personal Data only under the following limited circumstances:

• We share Personal Data about Customers with credit card processors for the purpose of processing credit cards payments with respect to purchases made through the Website.
• We operate with multiple suppliers in various fields of activity with respect to the Website and Services. Such third parties assist us in operating the Website and Services, conducting our business, expanding our business or servicing you, and for personalizing your experience in the Services. These suppliers include: fraud prevention, cloud storage services, bill collection, marketing, maintenance and technology service vendors.
• We may share your Personal Data with a parent company, subsidiaries, joint ventures, or other companies under common control with us (“Affiliated Companies”) solely if and when applicable or necessary. In addition, we may share information, in the event of a corporate transaction (e.g. sale, merger, consolidation, etc.), provided however, that our Affiliated Companies or acquiring company will be subject to the obligations detailed herein with respect to your Personal Data.
• To comply with a legal requirement, for the administration of justice, to protect your vital interests or the vital interests of others, to protect the security or integrity of our databases or the Services, to take precautions against legal liability.

7. Will NAYAX transfer my Personal Data internationally?
   • NAYAX is a global company with offices all over the world. Our databases are located currently in Germany, Israel and in the US. Some of our processing activities are made in Israel. The European Commission has decided that Israel ensures an adequate level of privacy and data protection, therefore, in accordance with the GDPR, the transfer of Personal Data to Israel is lawful and does not require any specific authorization.
   • Any future transfer of Personal Data outside the EU to a third country (other than Israel) shall be made in accordance with applicable law, including by providing adequate protections, or otherwise implementing appropriate safeguards to ensure the protection of our Users' rights.
8. Will I receive SPAM from NAYAX?

We may send Visitors who provided us with their consent or to our Customers with information on new products, features, activities, services and periodic announcements or newsletters. You may opt-out any time from such communications by either: (i) using the “unsubscribe” feature available within the message; or (ii) sending us an email to: privacy@nayax.com asking to opt-out.

9. What User Rights am I entitled to?

Since different Users have different privacy rights under applicable laws, we provide you with the ability to exercise certain choices, rights and controls in connection with your data, depending on your relationship with us and the applicable laws. For instance, if you are a Visitor of our Website, or a Customer, you may be entitled to different rights under applicable data protection and privacy laws, including (and depending on your jurisdiction):

• The right to confirm whether or not we process your Personal Data;
• The right to access Personal Data that we process about you;
• The right to ensure your Personal Data is accurate, complete and up to date;
• The right to ask that we delete your Personal Data (to the extent practical and applicable);
• The right to object to the processing of your Personal Data, to the extent applicable;
• The right to request the portability of your Personal Data;
• The right to file a complaint with a supervisory authority or national authority;
• The right to withdraw consent, subject to legal or contractual restrictions;
• The right to not be discriminated against when you request to exercise your rights;
• The right to submit an opt-out (e.g. “do not sell”) request, where applicable;

For more information about these rights and how you can exercise them, please review our User Rights Policy.

We provide you with the ability to exercise your rights, depending on your relationship with us. If you wish to exercise any or all of the above rights, please download our Data Subject Request Form , and send us the complete form to: privacy@nayax.com.

We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.

10. Persons under 18

Our Website and the Services provided through it is a general audience website which is not directed to persons under 18 years old. If we become aware that a person under 18 years old has provided us with Personal Data, we will delete such data from our databases.

11. How does NAYAX protect your data?

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information in accordance with the applicable law. We adopt appropriate and generally accepted data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Data. In particular, your payment information is secured in accordance with the PCI-DSS standard. However, these measures are unable to provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed and you cannot reasonably expect that the Service and its related databases will be immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.

12. Data retention

Unless you instruct us otherwise and subject to applicable laws, we retain the information we collect for as long as needed to provide our services and to comply with our legal obligations, resolve disputes and enforce our agreements if applicable.

13. Questions or concerns regarding privacy

If you have any questions or concerns regarding privacy issues, please send us a detailed message to: support@nayax.com or privacy@nayax.com and we will make every effort to resolve your concerns without delay.

14. Do Not Track Disclosure

Our website does not respond to Do Not Track signals. For more information about Do Not Track signals, please see: http://www.allaboutdnt.com.

CONTACT US

If you have any questions about this Privacy Policy, you may contact us as follows:

By sending our DPO email at: privacy@nayax.com.  

By regular mail at:

Local branch

Nayax LLC
Executive Plaza 1, 11350 Mccormick Road, Hunt Valley, Maryland 21031

Headquarter

NAYAX Ltd.
3 Arik Einstain St., Herzliya 4659071 Israel

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

This privacy notice (“Privacy Notice”) for California residents under the California Consumer Privacy Act of 2018 (“CCPA”) governs the manner in which we process information collected from our Visitors and Users who reside in the State of California (“Consumers” as defined under the CCPA, and which will be referred to herein as “you”), and supplements the information contained in our Privacy Policy. This Privacy Notice is an integral part of our Privacy Policy and thus, definitions used herein but not defined herein shall have the meaning ascribed to them in our Privacy Policy.

To learn more about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws.

As required under the CCPA, we will update this Privacy Notice every 12 months. The last revision date will be reflected in the “Recently Updated” heading located at the top of the Privacy Policy.

types of PERSONAL information we COLLECT

Under the CCPA, “Personal Information” is defined as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device. The categories of Personal Information that we collect (and has collected within the last 12 months), are detailed in the table below. ). Note that, certain categories may not apply to you as it depends on the nature of interaction with us.

HOW WE COLLECT INFORMATION

Depending on the nature of your interaction with us, we may collect the above detailed information from you, as follows: (i) directly from you, for example, when you subscribe to our Services as a Customer you will fill your Personal Information as part of the onboarding process; and (ii) automatically when you browse through the Website.

USE OF PERSONAL INFORMATION

We may use, or disclose the Personal Information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you contact us with an inquiry and share your name and contact information, we will use that Personal Information to respond to your inquiry.
• To provide, support, personalize, and develop our Website and Services, as well as improve our Website, Products and Services.
• For security and fraud detection purposes, and to maintain the safety, security, and integrity of our Website and Services.
• For testing, research, analysis, and product development, including to develop and improve our Website, Products and Services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING AND SELLING DATA

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We share your Personal Information with the following categories of third parties:

• We share your Personal Information with our service providers (such as: AWS our cloud storage services, Salesforce, logistics vendor, Pardot and clearing service providers)
• We share your Personal Information data aggregators (such as: Salesforce Analytics and Google Analytics)

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE OR FOR SELLING PURPOSES

In the preceding twelve (12) months, the Company has disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers.

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Category D: Commercial information: Commercial Information

Category F: Internet or other similar network activity.

SALES OF PERSONAL INFORMATION

In the preceding twelve (12) months Company has not sold Personal Information (“selling” under CCPA relates to any disclosure, transfer, and selling of Personal Information for monetary or other valuable consideration).

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

The CCPA provides consumers with specific rights regarding their Personal Information. Please review our User Rights Policy regarding your rights under applicable law.

You may exercise any or all of your above rights in relation to your Personal Information by filling out the DSR Form and send it to our privacy team at: privacy@nayax.com.