Privacy Policy

Cyberbyte Software Limited(“Cyberbyte”, “Company”, “we”, “us” or “our”) is committed to protecting your privacy. This Privacy and Cookie Policy (“Privacy Policy”) describes how we collect, use, store, share and protect personal data from Website Visitors, Customers, and/or Vendors (“Data Subjects”) who engage with our services. This Privacy Policy applies to all forms of systems, operations and processes within the

Cyberbyte environment that involve the processing of personal data. By using or accessing our Services, you agree to the collection, storage, use, and disclosure of your personal data as described in this Privacy Policy. Your use of our Services is also subject to Cyberbyte’s Terms.

1. The Information We Collect

2. How We Use Personal Information

We use the Personal Data we collect to:

1. Provide you with the required services

2. Respond to your questions or requests

3. Improve features, website content and analyse data to develop products and services

4. Address inappropriate use of our website

5. Prevent, detect and manage risk against fraud and illegal activities using internal and third party screening tools

6. Send you marketing content, newsletters and service updates curated by Cyberbyte (only with your explicit consent)

7. Verify your identity and the information you provide in line with Cyberbyte’s statutory obligations using internal and third party tools

8. Maintain up-to-date records

9. Resolve disputes that may arise, including investigations by law enforcement or regulatory bodies

10. Any other purpose that we disclose to you in the course of providing Cyberbyte services to you

3. How We Share Personal Data

Cyberbyte does not sell, trade or rent personal data to anyone. Further, we will not share or disclose your personal data with a third party without your consent except as necessary to provide the Services or as described in this Privacy Policy. o Merchants. We may share your contact information with merchants as part of your purchase details for record purposes. We will not share this information with other third parties except as a necessary part of providing our website and services.

We do not share your card information with merchants. Please review your merchant’s privacy policy to understand the privacy policies guiding the merchant you transact with. o Service providers. We share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we’ve hired to provide customer service support, to assist in protecting and securing our systems and services, or to perform sanctions screening and identity verification services may need access to personal data to provide those functions.

The processing by such third parties shall be governed by a written contract with Cyberbyte to ensure adequate protection and security measures are put in place for the protection of personal data in accordance with the terms of this Privacy Policy. o Financial services & payment processing. When you provide payment data, for example to make a purchase, we will share payment and transactional data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. o Affiliates.

We enable access to personal data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access is needed to provide our services and operate our business. o Corporate transactions. We may disclose personal data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets. o Legal and law enforcement.

We may access, disclose, and preserve personal data in accordance with applicable law and when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies. o Security, safety, and protecting rights. We will disclose personal data if we believe it is necessary to: o protect our customers and others, for example to prevent fraud, or to help prevent the loss of life or serious injury of anyone; o operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or o protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies.

Third party analytics and advertising companies also collect personal data through our website and apps including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies section of this statement. These third party vendors may combine this data across multiple sites to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website; Finally, we may share de-identified information in accordance with applicable law.

Please note that merchants, sellers, and other Users you buy from or contract with have their own respective privacy policies, and although Cyberbyte’s Merchant Terms of Use does not allow the other transacting party to use your information for anything other than as authorised by you, Cyberbyte is not responsible for their actions, including their data protection practices. If you provide personal data to any of those third parties, or allow us to share personal data with them, that data is governed by their privacy policies.

4. Cookies

We and our partners use cookies and similar technologies on our website to help collect information and operate the site. We use cookies to remember Users and make your user experience easier; customise our services, content and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies are small text files placed by a website and stored by your browser on your device.

Our cookies hold a unique random reference to you so that once you visit the site we can recognise who you are and provide certain content to you. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this may impact your experience using our website.

5. How We Protect your Information

Cyberbyte shall establish adequate controls in order to protect the integrity and confidentiality of personal data, both in digital and physical format and to prevent personal data from being accidentally or deliberately compromised.

Cyberbyte is committed to managing your personal data in line with best practices. We protect your personal data using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration, we also use industry recommended security protocols to safeguard your personal data. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files, and only granting access to personal data to employees who require it to fulfil their job responsibilities.

Employees may have access to personal data only as is appropriate for the type and scope of the task in question and are contractually forbidden to use personal data for their own private or commercial purposes or to disclose them to unauthorised persons, or to make them available in any other way. In compliance with the Payment Card Industry Data Security Standard (PCI DSS Requirements”), we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure your card information is safe and secure in our servers, additionally, we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

Two factor authentication (“2FA”) is an additional layer of security we have added to your account. When 2FA is enabled, you will be required to enter a One Time Password (OTP) (which is a verification code we have sent to you for authentication purposes), each time you checkout using Cyberbyte on a merchant’s website or platform. While we encourage you to enable this feature on every transaction, you may choose to disable the 2FA feature after your initial enrolment by clicking on the toggle button to disable.

However, if you choose to disable this feature, you agree that Cyberbyte shall not be liable for any loss or damages incurred as a result of your action. Cyberbyte also maintains a data breach procedure in order to deal with incidents concerning personal data or practices leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. You may contact our Data Protection Officer (DPO) upon becoming aware of any breach of personal data or if your access credentials have been compromised, to enable us to take the necessary steps towards ensuring the security of your personal data or account. We will report any breaches that will compromise your rights and freedoms to the Relevant Authority within 72 hours of discovery.

6. Storage Limitation

We will retain your information for the following periods: o As long as reasonably necessary for the purpose of providing our services to you o For the duration your account is active and we have your consent o For the period needed to comply with our legal and statutory obligations o As needed to verify your information with a financial institution Cyberbyte is statutorily obliged to retain the data you provide in order to process transactions, ensure settlements, make refunds, identify fraud and to comply with applicable laws and regulatory guidelines.

7. Transfer of Data

As part of our service provision, we may rely on third-party servers, databases co-located with hosting providers, resident in foreign jurisdictions, which constitutes the transfer of your personal data to computers or servers in foreign countries. We take steps designed to ensure that the data we collect under this Privacy Policy is processed and protected according to the provisions of this Policy and applicable law wherever the data is located.

Where personal data is to be transferred to a country outside Nigeria, Cyberbyte shall put adequate measures in place to ensure the security of such personal data. Any transfer of personal data out of Nigeria will be in accordance with the provisions of relevant data protection regulations. In particular, Cyberbyte shall, among other things, use contractual terms to ensure protection of the data or ensure the country has adequate data protection laws (i.e. listed in Nigeria’s National Information Technology Development Agency’s [“NITDA”] White List of Countries, or the General Data Protection Regulation’s [“GDPR”] Adequacy List). Should you wish to transfer personal data to a country deemed to have inadequate data protection laws, Cyberbyte will take all necessary steps to ensure that informed consent is obtained from you, and you are aware of the risks entailed with such transfer.

In any instance, Cyberbyte will ensure personal data is transmitted in a safe and secure manner. Details of the protection given when your personal data is transferred abroad, and details of the basis of such transfers shall be provided to you upon request.

8. Grounds for Processing of Personal Data

Processing of Personal Information by Cyberbyte shall be lawful if at least one of the following applies: o the Data Subject has given consent to the processing of his/her Personal Information for one or more specific purposes; o the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract; o processing is necessary for compliance with a legal obligation to which Cyberbyte is subject; o processing is necessary in order to protect the vital interests of the Data Subject or of another natural person; and o processing is necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in Cyberbyte.

9. Choices and Rights

Individuals who have Personal Information held by Cyberbyte are entitled to reach out to Cyberbyte to exercise the following rights: o Right to request for and access any Personal Information collected and stored by Cyberbyte; o Right to be informed regarding their Personal Information; o Right to be informed about appropriate safeguards in place where data is transferred abroad; o Right to object to automated decision making and processing; o Right to request rectification and modification of Personal Information which Cyberbyte keeps; o Right to request the deletion of their data; o Right to request the movement of data from Cyberbyte to a third party – this is the right to the portability of data; o Right to revoke consent; o Right to object to direct marketing, and to request that Cyberbyte restricts the processing of their information; and o Right to submit a complaint to the National Information Technology Development Agency (NITDA). Your request will be reviewed and answered by Cyberbyte’s Data Protection Officer within a 30-day period.

10. Changes to This Privacy Policy

We may need to update, modify or amend our Privacy Policy as our technology evolves and as required by law. If we materially change the ways in which we use or share personal data previously collected from you through our Services, we will provide notice or obtain consent regarding such changes as may be required by law. The Privacy Policy will apply from the effective date provided on our website.

11. Policy Violations

Any violation of this Privacy Policy should be brought to the attention of the Data Protection Officer (details below) for appropriate sanctioning and treatment.

12. Contact Cyberbyte

If you have any questions relating to this Privacy Policy or would like to find out more about exercising your data protection rights, Acceptable Use Policy By accessing or using Cyberbyte, you agree to comply with the terms and conditions of this Acceptable Use Policy.

1. Restricted Activities You may not use Cyberbyte in connection with any product, service, transaction or activity that:

violates any law or government regulation, or promotes or facilitates such by third parties;
violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (each, a “Card Network”);
is fraudulent, deceptive, unfair or predatory;
causes or threatens reputational damage to us or any Card Network;

involves any of the business categories listed in clause 2; or results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

Certain Business Categories You may not use Cyberbyte in connection with any product, service, transaction or activity that: o falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria o relates to the sale and/or purchase of:

1. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer’s safety;

2. blood, bodily fluids or body parts;

3. burglary tools;

4. counterfeit items;

5. illegal drugs and drug paraphernalia;

6. fireworks, destructive devices and explosives;

7. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);

8. lottery tickets, sweepstakes entries or slot machines without the required licence;

9. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

10. chemicals;

11. recalled items;

12. prohibited services;

13. unlicensed financial services, stocks or other securities;

14. stolen property;

15. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

16. sales of currency without BDC licence, cryptocurrency operators;

17. obscene material or pornography;

18. certain sexually oriented materials or services;

19. certain firearms, firearm parts or accessories, ammunition, weapons or knives;

20. any product or service that is illegal or marketed or sold in such a way as to create liability to Cyberbyte; or

21. production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services. o relate to transactions that:

1. show the personal information of third parties in violation of applicable law;

2. support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;

3. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;

4. pertain to ammunitions and arms; and

5. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Cyberbyte and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

3. Actions by Cyberbyte If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Cyberbyte and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

Blocking the settlement or completion of one or more payments;
Suspending, restricting or terminating your access to and use of the Cyberbyte’s Services;
Terminating our business relationship with you, including termination without liability to Cyberbyte of any payment service agreement between you and Cyberbyte;
Taking legal action against you; o Contacting and disclosing information related to such violations to

(i) persons who have sold/purchased goods or services from you,

(ii) any banks or Card Networks involved with your business or transactions,

(iii) law enforcement or regulatory agencies, and

(iv) other third parties that may have been impacted by such violations; or o Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

4. Updates, Modifications & Amendments We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy. We advise that you check this page often, referring to the date of the last modification on the page. All claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transactions is as a payment gateway and a PoS Terminal provider. We may intervene in disputes between users and merchants concerning payments but have no obligation to do so. Your transaction ID and/or transaction details will be required to resolve all disputes.

Acceptable Use Policy You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Cyberbyte, you agree to comply with the terms and conditions of our Acceptable Use Policy which you can read on our Acceptable Use Policy page.

Disclaimers

we try to keep cyberbyte available at all times, bug-free and safe, however, you use it at your own risk. our website and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and noninfringement of intellectual property rights). without limiting the generality of the foregoing, cyberbyte makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error free. no advice or information, whether oral or written, obtained by you through our website or from cyberbyte, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “cyberbyte parties”) shall create any warranty. limitation of liability in no event will any of the cyberbyte parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or twenty thousand united states dollars (us$20,000.00) dollars, whichever is lesser (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with cyberbyte’s website or services (including, without limitation, use, inability to use, or the results of use of cyberbyte’s websites or services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory.

Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Cyberbyte Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Cyberbyte’s Party’s liability shall be the minimum permitted under such applicable law.