Privacy Policy

Effective Date: March 20, 2025

1. Introduction

WhapayInc ("Whapay," "we," "us," or "our") is committed to protecting the privacy of our clients, their customers, and visitors to our website. This Privacy Policy describes how we collect, use, disclose, and safeguard personal information in connection with our cross-border payment infrastructure services.

2. Information We Collect

We collect the following categories of information:

• Business Information: Company name, registration details, tax identification numbers, business addresses, and authorized representative details.
• Identity Information: Names, government-issued identification, date of birth, and nationality of directors, officers, and beneficial owners, as required by KYC regulations.
• Transaction Data: Payment amounts, currencies, sender and recipient information, timestamps, and transaction references.
• Technical Data: IP addresses, API access logs, browser type, and device information when accessing our platform.
• Communication Data: Records of correspondence with our support and compliance teams.

3. How We Use Your Information

We use personal information for the following purposes:

• Providing and operating our payment infrastructure services
• Verifying client identity and conducting due diligence (KYC/AML)
• Processing and settling payment transactions
• Detecting and preventing fraud, money laundering, and other financial crimes
• Complying with legal and regulatory obligations
• Improving our services and developing new features
• Communicating service updates and regulatory changes

4. Legal Basis for Processing

We process personal information based on: (a) contractual necessity to provide our services; (b) compliance with legal obligations, including AML/KYC regulations; (c) legitimate business interests, including fraud prevention and service improvement; and (d) consent, where specifically obtained.

5. Information Sharing

We may share personal information with:

• Regulatory Authorities: As required by law, including the Banco Central de la República Argentina (BCRA), financial intelligence units, and other competent authorities.
• Banking Partners: Financial institutions involved in processing and settling transactions.
• Service Providers: Third-party providers who assist in operating our platform, subject to contractual data protection obligations.
• Legal Requirements: When required by law, court order, or governmental request.

We do not sell personal information to third parties.

6. Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to satisfy legal, regulatory, and reporting requirements. Transaction records are retained for a minimum of five (5) years from the date of the transaction, or longer as required by applicable law.

7. Data Security

We implement industry-standard technical and organizational measures to protect personal information, including encryption in transit and at rest, access controls, regular security assessments, and incident response procedures.

8. International Transfers

As a cross-border payment provider operating in Argentina, Brazil, and the United States, personal information may be transferred between these jurisdictions. We ensure appropriate safeguards are in place for international data transfers in compliance with Argentina's Personal Data Protection Law (Ley 25.326), Brazil's LGPD (Lei Geral de Proteção de Dados), and applicable US privacy regulations.

9. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access your personal information
• Request correction of inaccurate data
• Request deletion of your data (subject to legal retention requirements)
• Object to or restrict certain processing activities
• Data portability
• Withdraw consent where processing is based on consent

10. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be communicated to clients with reasonable advance notice.

11. Contact

For privacy-related inquiries, contact our Data Protection team at compliance@whapay.com.

WhapayInc
101 W 15th Street
New York, NY 10011
United States