PRIVACY POLICY

[Last updated: February 2022]

1. GENERAL

Tigapo Ltd. (“we”, “us”, “our”, “Company” or “Tigapo”), a part of the Nayax Group (as defined below), is committed to protecting the privacy of users who use our platform and services, and visitors of our website, all as further detailed below. We take several precautions and have implemented certain mechanisms designed to protect Personal Data (as defined below), as well as to comply with applicable privacy and data protection laws.

“Nayax Group” refers to Nayax Ltd. affiliated companies. Please note, that in case you are using additional, supplementary or other services offered by the Nayax Group, additional and/or other terms may apply to you, with respect to such services you subscribed to, as indicted in the applicable agreement executed between you and the relevant Nayax entity and as specified in Nayax’s Privacy Policy.

This Privacy Policy (“Privacy Policy”) is an integral part of our Terms of Use and governs the collection, processing, usage and transfer of data by us from: (i) individuals who access and use our website: https://www.nayax.tigapo.com/ (respectively, “Visitors” and “Website”); (ii) end-users (“End-Users”) who use the machines operated by of our clients (i.e., Merchants, as defined below) and use our app and the services offered by us (“App”); (iv) End-Users who use the machines operated by Merchants and use one of our self-service kiosks (“Kiosks”) placed at Merchant locations; and (iii) Merchant’s personnel. All of the above shall be referred to as “you” or “User(s)”.

This Privacy Policy explains how you can exercise your rights related to your Personal Data, in accordance with the laws and regulations applicable to you (which may include for example the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”)). In the event you are a California resident and the CCPA applies to you – please make sure to review Section 16, below describing your rights under the CCPA.
If you have any questions regarding this Privacy Policy, please send any inquiries to: [email protected]

THE HIGHLIGHTS:

1. WHAT IS PERSONAL DATA?

Personal Data is any information which identifies or can be reasonably used to identify a natural person. Such data includes for example: first and last name, phone number, email address, unique online identifiers, billing information, credit card details, etc.

As opposed to Personal Data, non-personal data, or anonymized data, is information which does not identify a specific natural person and cannot reasonably be used for such identification. This type of information includes for example aggregate or statistical data, technical information transmitted from your device such as type of browser and operating system, language preference, referring and exit pages and URLs, time and date stamp, and amount of time spent on particular page. 

2. PERSONAL DATA PROCESSED BY US IN CONNECTION WITH THE SERVICES AND WEBSITE

Types of Personal Data processed
Purposes of processing
For EU persons – Legal Basis under the GDPR
Data related to End-Users
Users Sign Up and Profile Data
When you sign up to use our Services we will require you to provide your date of birth for age validation purposes.
When you sign up to our Services and create an account on the App in order to use the Merchant’s machines, you will need to provide us with certain information including your name, email address and your credentials.
Once registered, you may complete your profile on the App and provide us with additional information (at your choice). Such information includes your phone number, language preference and gender. Note that you are not required to provide us with the additional information in order to use the Services.
If you choose to sign up using Facebook connect, Google+, Twitter or Apple (“Social Media”), we will collect your profile picture available on your Social Media account and your email address. Note that the Social Media operators’ use of your data is governed by their privacy policies.
If you provide us with permission, we also collect and process your geolocation (Geofencing – location based service).
  • We will use this information for the purpose of performing our contract with you, provide you with the Services you have requested, and verify your account.
  • To send you service-related massages.
  • We will use your email address and phone number for our legitimate interest in order to send you needed information related to the Services and our business engagement (e.g., to notify you regarding any updates to our Services, send applicable invoices, and additional occasional communications related to the Services).
  • To provide you with messages and alerts relating to a nearby Merchant location.
  • To suggest activities and machines at the Merchant’s location that we think you would be interested in.
  • To develop and train algorithms that help us gain insight into user preferences and machine use at Merchant locations and which otherwise enhance the Service.
  • To prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and other misuses of the Services, to protect the security or integrity of our databases, and to take precautions against legal liability.
  • Necessity of processing for the purposes of our legitimate interests. To perform a contract to which the data subject is a party to. To fulfil legal obligations under applicable laws.
  • To perform a contract to which the data subjects is the party to.
  • To fulfil legal obligations under applicable laws.
Using the Services with Merchant’s Machines
When using our Services in connection with the Merchant’s machines (e.g., playing arcade games in amusement parks), we will process the following information:

  1. 1. Payment details that include 4 digits of credit card number and the credit card provider (i.e., Visa, AMEX, etc.). Note that we do not process the payment directly. We use a third party payment processor that will process your full payment information (e.g., credit card details). We are currently using Authorized net services. Consequently, any transactions that are processed by this third party payment processor will be governed by its privacy policies and terms which we recommend that you review.
  2. 2. Data regarding the purchases made at the Merchant’s location, such as machines used, prices, location of Merchant’s facility (approx. 500 meters radius of Merchant’s machines), date of purchase, prizes you won, etc. We also infer insights related to your uses at the App and the Services in order to customize and enhance the Services, provide you with incentives, etc.

End User using NFC
In the event you are using our Services by NFC (near field connection) devices, provided to you by the Merchant at the Merchant’s facilities, we will collect certain information about you that includes, your name, phone number and email. When using the NFC we do not collect your payment details. Your credit will be updated automatically through our Solution integrated with the Merchant’s machines.
  • This information will be processed for the purpose of performing our contract with the Merchant and you, to enable you to use our Services (e.g., play the arcade games offered through the coin machines).
  • To suggest activities and machines at the Merchant’s location that we think you would be interested in.
  • To develop and train algorithms that help us gain insight into user preferences and machine use at Merchant locations and which otherwise enhance the Service.
  • The legal basis for processing will be determined by the Merchant. Please refer to the Merchant’s privacy policy for full details. The following are examples of lawful basis that Merchants may rely on:
  • Necessity of processing for the purposes of the legitimate interests of Merchant.
  • To perform a contract to which the data subject is a party to on behalf of Merchant.
  • To fulfil legal obligations under applicable laws.
Technical Data
We collect certain technical information transmitted by your device when accessing the App, this information includes: type of the device used, IP address, device name, IP address, operating systems and device ID. We also collect certain information about your use of the App automatically such as access time and date, and user actions such as purchases and page views.
  • To locate the Merchant’s services.
  • To improve our Services, identify any difficulties or failures in the process, for analysis, statistics and customization of the services.
  • To suggest activities and machines at the Merchant’s location that we think you would be interested in.
  • To develop and train algorithms that help us gain insight into user preferences and machine use at Merchant locations and which otherwise enhance the Service.
  • To resolve any disputes, communicate with you regarding customer service and support issues, and to respond to questions or comments and help resolve any problems.
  • To prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and other misuses of the Services.
  • To perform a contract to which the data subject is a party to on behalf of Merchant
  • Necessity of processing for the purposes of our legitimate interests.
  • To perform a contract to which the data subject is a party to.
Merchant and Merchant’s Personnel
Merchant’s onboarding
Merchant’s onboarding In order to provide Merchant with our Solution and the Services, and upon registration, we collect information regarding the Merchant’s and its personnel: Merchant’s full name, name and contact details of the Merchant’s contact person, address, phone number, financial information for billing purposes and email address.

Additionally, if applicable and in order to fulfill our legal obligations to prevent fraud and money laundering, we may obtain information for the purpose of “Know Your Client” (KYC) check. Such information includes information regarding Merchant or Merchant’s shareholders (if applicable), such as: identification number (SSN, passport, I.D. number or driving license number), financial information (credit card number and banking information), date of birth, residence country, citizenship country, nationality, position, phone and mobile number, face snapshot, image and video, and copy of the identification document.

Note that if you are an employee or an authorized user of a Merchant, we may process certain personal data about you, in the framework of our engagement with your employer, as specified herein.
  • To onboard Merchants to our Services and sign-up registration.
  • To identify authorized users who access the Solution.
  • To resolve any disputes, communicate with you regarding customer service and support issues, and to respond to questions or comments and help resolve any problems.
  • To send you marketing communications regarding our products and Services.
  • To prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and other misuses of services, to protect the security or integrity of our databases and services, and to take precautions against legal liability.
  • Necessity of processing for the purposes of our legitimate interests.
  • To perform the contract to which the Merchant is a party.
  • In order to take steps at the request of the Merchant prior to entering into a contract.
  • To fulfil our legal obligations.
Website Visitors
Demo
If you register for a demo, available through our Website, we will collect and process your name, email address and company name.
Contact Information:
In the event you contact us for customer service, support or any other inquiries, by sending us an email via the “Get in touch” feature available on the Website, or by any other means of communications we may make available to you, you will be requested to provide us with your full name, email address and phone number. In addition, you can choose to provide us with additional information as part of your correspondence with us.
To send you a demo of our Services.
  • We will process this information and use it solely for the purpose of responding to your inquiries and providing you with the support or information you requested.
  • We may process the contents of our correspondence with you in order to improve our customer service, and in the event we believe it is required in order to provide you with any further assistance (if applicable).
  • Your consent.
  • To perform a contract we may have with you.
  • Necessity of processing for the purposes of our legitimate interests.
  • To perform a contract to which the data subject is a party to.
Technical Data
We collect certain technical information transmitted by your device when accessing the Website, this information includes: type of the device used, IP address, type of browser, internet service provider, End-User actions and page views, directing URL’s, device name, device ID and operating systems.
  • To estimate the number of visitors to our Website and visitor usage patterns.
  • To store information about your preferences so we can customize our Website.
  • To recognize you when you return to our Website.
  • To provide marketing messages about our Services.
  • Necessity of processing for the purposes of our legitimate interests.

3. DATA SUBJECTS RIGHTS

You are not required by law to interact with us or provide us with Personal Data. If you choose to use any of our App or Services, or if you choose to use or purchase from Merchants’ machines, we will process certain Personal Data (as detailed above) in order to deliver to Merchants and you, as applicable, our Services. 

4. CHILDREN

Our Services are not intended to persons under 16 years old or equivalent minimum age for providing consent to processing of Personal Data in the relevant jurisdiction (“Child”). If a parent or guardian becomes aware that his or her Child has provided us with Personal Data without their consent, he or she should contact us immediately. We do not knowingly collect or solicit Personal Data from a Child. If we become aware that a Child has provided us with Personal Data, we will delete such data from our databases.

5. WHAT ARE DATA SUBJECT RIGHTS AND HOW CAN THEY BE EXERCISED?

Depending on your jurisdiction, data protection and privacy laws provide you with the ability to exercise certain rights regarding your Personal Data that we process. Please note that, unless you instruct us otherwise, we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements. If you object to the aforesaid collection, use and sharing of data, please immediately cease using the Services and/or App.

Data subject rights include (depending on your jurisdiction and applicable law):

To assert any of these rights, please contact us at: [email protected]

We may request additional information from you when you contact us with a request concerning your data subjects rights in order to: (i) verify your identity; (ii) determine the applicable laws; (iii) and locate your data. 

6. HOW CAN DATA SUBJECTS CONTACT WITH US WITH QUESTIONS OR CONCERNS ABOUT PRIVACY AND PERSONAL DATA?

If you have any questions, concerns or requests in relation to your privacy or personal data, you are welcome to contact us, by sending an email to: [email protected]

You may also contact us using the following contact information:
NAYAX Ltd.
3 Arik Einstein St., Herzliya 4659071 Israel
+97237694380

EU residents may also contact us by using the following details of our EU entity:
Nayax Europe UAB
Antakalnio 17, LT-10312, Vilnius, Lithuania

7. WITH WHICH THIRD PARTIES DO WE SHARE PERSONAL DATA?

WE DO NOT SELL OR RENT ANY OF YOUR PERSONAL DATA TO NON-AFFILIATED THIRD PARTIES FOR THEIR MARKETING PURPOSES.

9. DO WE TRANSFER PERSONAL DATA INTERNATIONALLY?

Nayax Group is an international corporation, operating globally, with offices and data centers in various jurisdictions around the world. Therefore, Personal Data may be transferred across international borders in the framework of our services, including to Israel, the US and Europe. International transfers of data are done with appropriate measures to ensure that your Personal Data receives an adequate level of protection as required under applicable law. Further, when Personal Data collected within the EU is transferred outside the EU (and not to a recipient in a country that the European Commission has decided provides adequate protection), it shall be transferred in accordance with the provisions of the Standard Contractual Clauses approved by the European Union (if applicable). If you would like to understand more about these arrangements and your rights in connection therewith, please contact us at: [email protected] 

10. DO WE SEND MARKETING MATERIALS TO USERS?

We may send users of the Services or users who provided us with their consent with information on new products, features, activities, services and periodic announcements or newsletters. You may opt-out any time from such communications at any time by either: (i) using the “unsubscribe” feature available within the message; or (ii) sending us an email to: [email protected]

11. HOW DO WE PROTECT PERSONAL DATA?

We implement security measures designed to reduce the risks of damage, loss of information and unauthorized access or misuse of personal data. We implement appropriate data collection, storage and processing practices and security tools designed to protect personal data against unauthorized access, alteration, disclosure or destruction. You should be aware that no security measures are completely fail-proof, and it is impossible to prevent all threats to the security of data and systems. Therefore, you should be aware that any processing of digital personal data holds certain inherent risks, and we cannot guarantee that our services and databases will be immune to any wrongdoings, malfunctions, unauthorized interceptions or access, malware attacks or other kinds of abuse and misuse. 

12. DATA RETENTION

Unless you or the Merchant (as the case may be) 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. APPLICABLE LAWS

The provisions included in this Privacy Policy relating to matters that may be regulated under the GDPR or CCPA apply only to the processing of Personal Data (or Personal Information) which is subject to the GDPR or CCPA in accordance with the applicability provisions contained therein. 

14. DO NOT TRACK

Our Website does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For additional details visit www.donottrack.us 

15. CHANGES TO THIS PRIVACY POLICY

We may, at any time and from time to time, modify this Privacy Policy. Modifications to this Privacy Policy will be posted on the Website, and shall be effective as of the date in which they are posted on the Website. 

16. PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

In this section, we provide information for California residents, as required under California privacy laws, including the CCPA, which requires that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA. Except for the right to opt-out and the right of non-discrimination, this section does not apply to California residents with whom we transact or communicate solely in the context of providing or receiving a product or service to or from a company that employs such residents or engages such residents as contractors. This section also does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of the Company or any affiliated entities. 

CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT, DISCLOSE AND SELL

We have set out above the categories of personal information (as defined by the CCPA) about California residents that we collect. As noted below, we do not sell your personal information or disclose it to third parties for a business purpose. We may disclose each of these categories of personal information to our service providers, who are not permitted to use your personal information except as necessary for performing Services on our behalf. We collect these categories of personal information from the sources and for the purposes described above under the heading “Overview of Data We Process”. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. Please note that the CCPA defines the term “sale” very broadly to include any exchange of data for consideration of any kind, not simply selling your data for monetary compensation. 

CALIFORNIA CONSUMER RIGHTS

California law grants consumers certain rights and imposes restrictions on particular business practices as set forth below. California consumers have the right to request that we disclose what personal information we collect, use, disclose, and sell about you.

INCENTIVES AND DISCRIMINATION

The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information. We do not currently offer financial incentives for the collection of personal information. If consumers exercise their rights under CCPA, businesses may not discriminate against them including by denying or providing a different level or quality of goods or services or charging or suggesting that a business will charge different prices or rates or impose penalties, unless doing so is reasonably related to the value provided to the consumer by the consumer’s data. 

CALIFORNIA "SHINE THE LIGHT"

LAW California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] 

17. NEVADA RESIDENTS

We do not sell your personal information as defined under Nevada law. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us at [email protected]