Privacy Policy

Yellow Card (referred to as "Yellow Card," "we," "us," or "our") is committed to protecting the privacy and confidentiality of the personal data of our users, including individuals and businesses. This Privacy Policy outlines how we collect, use, store, share, and protect your information when you access or use the Yellow Card Site (www.yellowcard.io), our mobile applications, any Yellow Card API (directly or through third-party applications), or any Yellow Card product or service (collectively, "Yellow Card Services").

This Privacy Policy forms an integral part of the relevant Yellow Card User Agreement that applies to you. Terms defined in the User Agreement apply equally herein unless otherwise indicated.

1. Our Commitment to Privacy

At Yellow Card, we understand the importance of privacy and the safeguarding of information, particularly “Personal Data”, which refers to any data that is related to an identified or identifiable natural or legal person (also known as a data subject).  Protecting the privacy and confidentiality of Personal Data is a core principle of our business operations. We only collect information that is necessary for the provision of our services and in accordance with applicable data protection laws.

2. Scope of this Policy

This Privacy Policy applies to all users of Yellow Card Services, whether you are an individual consumer or a business entity utilizing our platform for your operations. It is designed to address the regulatory requirements of the jurisdictions in which Yellow Card offers its Services. These include, but are not limited to, the General Data Protection Regulation (“GDPR”) as enacted by the European Commission, and specific national data protection laws in countries where we operate.

Our Services are offered via operating subsidiaries of Yellow Card Financial Inc. The specific entity responsible for processing your data (the “data controller”) depends  on your jurisdiction, including but not limited to;

While this Privacy Policy applies to all users globally, certain provisions are specific to your location and are detailed in the policies below:

If you live in the European Region, Afritech Services Sp. z. o.o processes your personal data under this Privacy Policy.

If you live in Nigeria, Yellow Card Financial Nigeria Ltd processes your personal data in line with  this Privacy Policy.

If you live in South Africa, Yellow Card Financial South Africa (Pty) Ltd processes your personal data in line with this Privacy Policy.

3. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We encourage you to review it periodically. If we make a material change, we will notify you by email or by means of a prominent notice on the Yellow Card Site prior to the change becoming effective. The "Effective Date" at the top of this Privacy Policy will be revised to indicate the updated version.

By using and/or continuing to use the Yellow Card Services, you signify your understanding and agreement to the policies, practices, and any subsequent changes outlined in this Privacy Policy.

4. Information We Collect

We collect various types of information to provide and improve our Services, ensure security, and comply with legal obligations.

4.1 Information You Provide.

We collect the information you voluntarily provide to us  when you use the Yellow Card Site and our Services, primarily for the purposes of performing the User Agreement and to set up and manage your Account. The information includes, but is not limited to:

• Identity Information: Your name, email address, phone number, date of birth, physical address, password, and government-issued identification number (e.g., national ID, passport, driver's license).
• Financial Information: Bank account number, routing number, bank card number, IBAN, or other related payment information when you link a bank account or payment method.
• Business Information (B2B Considerations): For business accounts, we may collect information about your company, including its legal name, registration details, business address, tax identification number, industry, beneficial ownership information, and details of authorized representatives or administrators.
• Communication Information: Information you provide when you communicate with us through customer support, surveys, or other channels.

Failure to provide required information may limit or prevent your access to certain Yellow Card Services.

4.2 Information Collected Automatically

When you access and use the “Yellow Card Site” and “Services” in accordance with the User Agreement,  certain information is collected automatically: 

• Location Information: With your permission, we  may collect your precise geolocation information, address details and device location for address verification purposes and to offer you location-based services, such as a map identifying relevant service providers in your area.
• Transaction Information: Details about your transactions and payment activity on the Yellow Card Site and Services, including the amount, time, date, recipient wallet, and type of trade. For B2B clients, this includes transactional data related to your business operations on our platform.
• Device and Usage Information: Information about the device you use to access Yellow Card Site and Services, including language, type of device, operating system, mobile phone number, mobile network, and other device identifiers. We  also log information about your activity on Yellow Card Site and Services, such as access times, pages viewed, other pages visited, and IP address.
• Cookies and Tracking Technologies: Like most websites and applications, we use cookies and similar tracking technologies (e.g web beacons, pixels) to collect information. Cookies are small data files placed on your computer or other devices that allow us to identify you as a Yellow Card customer and customize the Yellow Card experience.
  
  - Purpose of Cookies:
  - To maintain the technical accuracy and continuity of your session between the service server and your device.
  - To optimize the website's usability and adjust its display on your device.
  - To ensure the security of your use of our services.
  - To collect statistics on website visits, helping us improve the structure and content of our services.
  - To display advertising content that is tailored to your preferences. Cookies stored on your device may also be used by advertisers or business partners we work with.  
  
  - Types of Cookies
  - Session cookies:  Temporary files that are automatically deleted when you log out of the service, leave the website, or close your browser.
  - Persistent cookies:  Stored on your device for a specified period or until you delete them. These cookies are only placed on your device with your consent.
  
  - Cookie Management: Most internet browsers accept cookies by default. You can change your browser settings at any time to block cookies automatically or to be notified when cookies are placed on your device. Detailed information on managing cookies is available in your browser's settings. Restricting cookies may negatively impact the functionality and continuity of our services.
  
  - Note on Personal Data: Cookies are considered Personal Data only when linked with other identifying information provided by the user while using the service.

4.3 Information We Collect From Other Sources 

We may obtain information about you from third-party services and public databases. This includes, but is not limited to: 

• Identity Verification and Fraud Prevention Services: Non-public personal information from identity verification sources or public databases to help us verify your identity, prevent fraud, and comply with "Know Your Customer" (KYC) and Anti-Money Laundering (AML) obligations.
• Third-Party Analytics and Advertising Partners: Our site uses technologies from third-party partners to help us recognize your device, understand how you use our site(s) to improve our services, and deliver interest-based advertising. These partners may collect information about your activity on our site(s) to measure and analyze traffic and Browse activity.

For this reason, you can use the following third-party tools to decline the collection and use of information for the purpose of serving you interest-based advertising:

• The NAI's opt-out platform: http://www.networkadvertising.org/choices/ 
• The EDAA's opt-out platform http://www.youronlinechoices.com/  
• The DAA's opt-out platform: http://optoutaboutads.info/?c=2&lang=EN 

5. How We Use Your Information

The information we collect is used for various purposes, primarily to provide, maintain, and improve our Services, ensure security, and comply with legal obligations.

• Service Provision & Improvement:
  - To provide and enhance the full range of Yellow Card Services in performance of our User Agreement.
  - To provide customer service, notifications, and security notices.
  - To personalize, manage, and improve the Yellow Card Site and Services experience.
  - To combine your information with data from other sources to understand and improve user needs and tailor our advertising efforts.
• Security & Compliance:
  - To detect and prevent fraud, money laundering, and other criminal activities.
  - To verify your identity, address, and/or location, to allow access to your accounts, conduct online transactions, secure your personal information, prevent illegal or unauthorized activity, enforce our User Agreements, and comply with applicable laws and regulations in the country where the transaction took place.
  - To comply with applicable regulatory requirements (e.g., KYC, AML).
• Communication:
  - To send you important information, such as changes in terms, conditions, policies, and/or other administrative information.
  - To respond to your inquiries and fulfill your requests.
• Business Operations & Analytics:
  - For internal business purposes, including data analysis, audits, developing and improving products and services, enhancing Yellow Card Site and Services, identifying usage trends, and determining the effectiveness of promotional campaigns.
  - To resolve disputes and troubleshoot problems.
• Marketing & Promotional Offers:
  - To send direct marketing and promotional offers on behalf of Yellow Card, its partners, and associates, including via SMS and email, where you have provided your consent. You can withdraw your consent at any time. We respect your marketing preferences in accordance with applicable laws, such as the opt-out provisions and the requirements for valid consent.
• Other Lawful Purposes:
  - To fulfill any other purpose in line with our legitimate interests, or for which the information was collected with your consent.

Yellow Card will never sell or rent your personal information to any third parties. We will only use or share your information according to the terms of this Policy and for Yellow Card's own information processing.

6. Rights of The Data Subject

Regarding the personal data we collect about you, as a data subject, you have the following rights, subject to applicable laws and certain limitations:

• Right to be informed: To be informed about the purposes for which your personal information would be used.
• Right of access: To access your personal information in our custody. This includes the right to request access as provided under applicable data protection laws.
• Right to object: To object to the processing of all or part of your personal information (e.g., for direct marketing). 
• Right to rectification: To correct any inaccurate or misleading information.
• Right to data portability: To request the transfer of your personal data to another controller, where technically feasible.
• Right to withdraw consent: To withdraw your consent at any time where processing is based on consent.
• Right to erasure ("Right to be forgotten"): To request the deletion of your personal information, especially if it is no longer necessary for the purposes for which it was collected or if you withdraw consent and there is no other legal ground for processing. This right may be subject to exceptions, such as those related to legal obligations under applicable data protection laws
• Right to restriction of processing: To request the restriction of processing of your personal data in certain circumstances.

To exercise any of these rights, please contact us through our Support Page or the Data Subject Access Request Form. We will respond to your request in accordance with applicable data protection laws.

7. Protection & Storage of Information

The protection and security of your personal information are important to us. Yellow Card employs reasonable physical, technical, and administrative security measures to protect your information, including any non-public personal information that can be used to identify you, such as your government-issued ID number. These measures are designed to limit access to your information to employees who have a legitimate business need to know, thereby reducing the risks of alteration, disclosure, loss, misuse, and unauthorized access. All of our procedural safeguards are designed to comply with generally accepted standards, applicable laws and regulations. 

Yellow Card will store and protect your information securely during and after the life of your Yellow Card account in compliance with our legal obligations and policies. If you have any questions or concerns about our security measures, you may contact us through our Support Page.

8. Sharing of Information

Yellow Card may share the information we collect from you with carefully selected third parties to perform tasks necessary for delivering certain services to you, as part of our efforts to prevent and investigate fraud or other criminal activities, or where legally required.. These third parties will be contractually obligated to safeguard your data in accordance with our Privacy Policy and applicable data protection laws. 

The categories of recipients with whom we may share your information include:

• Fraud prevention and identity verification service providers: To prevent fraud and confirm the validity of the information provided against public records. By using Yellow Card Site and Services, you understand that these service providers may retain and use your information to perform services for Yellow Card and improve their own services, solely related to identity verification and fraud prevention services.
• Service providers: Entities performing financial, legal, or technical audits of Yellow Card's operations, legal services, marketing, payment processing, cloud storage, IT services and other services on our behalf. This may include services related to the analysis and improvement of the Yellow Card Site and Services experience. 
• Marketing Partners: Where you have provided your consent; we may share your information with service providers for marketing purposes, always in compliance with the relevant laws. You may withdraw your consent to receive our marketing messages anytime, and no further marketing messages will be sent to you once you opt-out. 
• Third-party advertising agencies: Agencies that serve ads when you visit our app, may use information about your visits to the app and other websites (that are contained in web cookies) for the purpose of providing advertisements for products and services that might be of interest to you. 
• Law Enforcement Agencies and Government Officials: Local and foreign law enforcement agencies, government officials, or other third parties when compelled to do so by a subpoena, court order, or other legal procedure or when we believe in good faith that disclosure is necessary to prevent any physical harm, financial loss, to report suspected illegal activity, or to investigate a potential violation of law or our User Agreement.
• Corporate Transactions: In the event of a merger, acquisition, or other purchase of Yellow Card's assets by another company, that company will have access to the information you have provided to Yellow Card. We will require that the new entity follow the procedures of this Privacy Policy and notify you of any such change in the applicable policy.
• Yellow Card Affiliates: We may also share your information with our subsidiaries, affiliates and other entities that Yellow Card controls for operations and service provision purposes.   
• Investors: We may share your information with our investors for the sole purpose of conducting a general business analysis. 
• Other Disclosures: Apart from the above, we will only share your information with other third parties with your direct consent or instruction to do so, unless we are lawfully permitted or required to do so without your consent.

Within Yellow Card, access to information is limited to only Yellow Card Employees who require such information for matters related to compliance, customer support, and verification. 

9. Transborder Transfers of Personal Data

To the extent that we transfer your Personal Data outside of the country where it was originally collected, we will ensure that the transfer is lawful and that recipients of the personal data in third countries are obliged to comply with the data protection laws applicable to the transfer. 

In the event that we transfer your personal data from the country where it was collected to any third party in a foreign country that may not have data protection laws similar to those of the country of collection (e.g., for cloud storage, ID verification, fraud prevention purposes, or for any other legitimate purpose), we will rely on applicable legal mechanisms such as standard contractual clauses (e.g., EU Standard Contractual Clauses for GDPR-related transfers), adequacy decision, or other commercially reasonable security measures to ensure the safety and protection of the transferred data.

Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice,  our privacy practices and as permitted by applicable data protection laws.

You acknowledge that by submitting your personal data, you accept its transfer, storage or processing in accordance with this Privacy Policy.

10. Data Retention and Deletion

Yellow Card retains your personal information for as long as necessary to offer our services to you and fulfill the purposes for which it was collected. The retention period may vary depending on 

• The type of data.
• The country where we collected the data.
• The user category (e.g., individual, business).
• The purposes for which we collected the data.
• Whether the data must be retained after an account deletion request due to legal, regulatory, or operational requirements.

You may request the deletion of your Yellow Card account through the Data Subject Access Request Form or through the security section under your profile on the Yellow Card mobile (where applicable). Here is the step-by-step guide on how to delete your Yellow Card account

Following an account deletion request, we will delete your Yellow Card account and associated personal data, except if it is necessary for: 

• An ongoing investigation.
• Prevention of fraud or other illegal activities.
• Compliance with legal or regulatory requirements (e.g., financial record-keeping obligations under financial regulations or specific data retention periods mandated by applicable data protection laws).
• Resolution of issues relating to your Yellow Card account, such as an unresolved claim or dispute.

In such cases, we may retain your personal information for as long as required by law or as necessary to address the specific issue.

Where your personal data is processed for the purpose of sending you marketing content we still store your information until you withdraw your consent to receive it.

If the storage of your personal data proves necessary to assert or defend a claim to which Yellow Card is entitled or against Yellow Card, your personal data may be stored until the court proceeding pertaining to the claim is finally ended and the decision made in the proceeding is enforced.

Yellow Card generally deletes user personal information in accordance with the Yellow Card data retention policy, except where retention is necessary for the reasons mentioned above. Yellow Card will not retain your personal information longer than necessary.

11. Privacy of Children Under 18

You must be at least eighteen (18) years old to use Yellow Card Site and Services. By using our Services, you confirm that you are at least eighteen (18) years old.  Yellow Card does not knowingly or intentionally collect any information from or about any individual under the age of 18.

12. How to Access and Edit Your Information

You can access, review, and edit much of your personal information directly from the Settings or Account page after you log in to your Yellow Card account. If you are unable to edit certain information from your account, please contact us through our Support Page or the Data Subject Access Request Form for assistance. 

If you close your Yellow Card account, we will retain your account information in our databases for the required number of years to comply with the various laws and financial service regulations applicable to Yellow Card.

13. Indemnity & Limitation of Liability

By accepting the terms and conditions of this policy, You shall hold harmless Yellow Card, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives from any claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) arising out of or in connection with: 

(i) Sharing any information with Third Parties in line with this Privacy Policy; 

(ii) Breach of any obligation, terms, representation, warranties and covenants under this Policy; 

(iii) breach of confidentiality obligations under this Policy. 

This provision shall survive the expiration or termination of your relationship with Yellow Card for any reason.

Notwithstanding anything to the contrary contained in this policy, Yellow Card, in any event, regardless of the form of claim, shall not be liable for any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income, capital or profits, irrespective of whether it had advance notice of the possibility of any such damages.

Contact Us

Yellow Card has appointed a data protection officer with whom users may contact regarding the protection of their personal data. Please contact our Data Protection Officer direclty by sending an email to [email protected] or through our Support Page with any questions or concerns regarding this Privacy Policy.