Data Privacy Policy (Flouci Payment Gateway / Flouci POS)

ARTICLE 1: PREAMBLE ‍

The purpose of this privacy policy is to inform users about the collection and use of personal data by Kaoun SARL in connection with the Flouci Payment Gateway and Flouci POS products (hereinafter the Application), as well as about their rights concerning the protection of personal data under Tunisian national legislation.‍

ARTICLE 2: GENERAL PRINCIPLES CONCERNING THE COLLECTION AND PROCESSING OF DATA 

The information collected will be processed in accordance with the provisions of Organic Law No. 2004-63 of 24 July 2004 on the protection of personal data.

Kaoun SARL undertakes to process personal data fairly, in relation to the purposes for which it was collected. Kaoun SARL also undertakes not to disclose the data collected to third parties.

The Privacy Policy applies to personal data processed for the purpose of completing the transaction. This includes the following purposes:

Subscribing to services and opening your account in the registers of Kaoun SARL;

  • Managing these accounts and executing payment transactions;
  • Managing payment orders;
  • Managing customer relations (for example, providing transaction statements);
  • Handling your questions and any complaints;
  • Online access to your account (and management of any authentication procedure);
  • Executing card payments (when you make a card payment on a partner’s Application).

Your personal data is also collected and processed for the following purposes:

  • Combating identity fraud;
  • Combating external fraud;
  • Combating card payment fraud;
  • Preserving the security of the Kaoun SARL API and of the services in general. 

In addition, your data may be collected and processed in order to meet the legal obligations applicable to Kaoun SARL as a payment service provider, in particular in the fight against money laundering and terrorist financing.

Kaoun SARL implements all appropriate security measures to ensure the protection and confidentiality of your data, including to prevent the destruction, loss, alteration or unauthorised disclosure of data, or unauthorised access to such data. Any security breach affecting your data and likely to present a high risk to your rights and freedoms will be notified to you.

ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED‍

The personal data collected on the Applications includes:

For individuals: first name, last name, postal address (address, postcode, city, country), telephone number, e-mail address, identification number (national identity card or passport)

For professionals: first name, last name, postal address (address, postcode, city, country), telephone number, e-mail address, identification number (national identity card, passport or residence permit), company name, trade name, registration number, tax identification number, nature of the business, legal form, GPS coordinates, contact number, working hours.

In order to provide and improve the features of our Application, we request access to the following permissions:

  • Camera access
    Used to capture photos or videos, scan codes or for any feature requiring the use of the camera.
  • Contacts access
    Allows contacts to be selected and imported in order to improve your user experience (e.g. sharing or invitations).
  • Location access (precise and approximate)
    Allows location-based services to be provided, such as geolocation to display relevant information or nearby services.
  • Audio recording
    Used to record audio when using specific features (e.g. voice commands, recordings required for a service offered).
  • NFC access
    Allows the use of NFC technology to exchange information or make contactless payments when required by a specific feature of the Application.

When you subscribe to the services of Kaoun SARL through a Partner, you agree that your personal data necessary for the provision of these services will be processed by Kaoun SARL. This mainly concerns your login credentials on the Partner’s Site (enabling access to the services of Kaoun SARL), as well as your identification data (including your last name, first name, address, date and place of birth, and where applicable your identity document and any supporting document that may be required for the use of the services).

This data is transmitted to Kaoun SARL from your personal area on the Partner’s website or application. Mandatory data is clearly indicated in the collection forms on the Partner’s site. If you refuse to provide the mandatory data, the subscription to the services may be refused or the services may be suspended.

In addition, Kaoun SARL processes payment data and data relating to the operation of your account (this data is generated when you use the services), as well as data relating to the management of payment fraud.

Accordingly, personal data concerning you is collected and processed in connection with: the subscription to the services of Kaoun SARL and the opening of the account (payment account or electronic money account); the use of the services and the management of the account; the management of your personal area; authentication to access your account or to transmit a payment instruction; the handling of your requests for assistance or complaints; compliance with obligations relating to the fight against money laundering and terrorist financing; fraud management.

In addition, when a payment is made on the site, the proof of the transaction, including the purchase order and the invoice, will be retained in the publisher’s computer systems.

ARTICLE 4: TRANSMISSION OF DATA TO THIRD PARTIES 

We undertake not to sell, rent or disclose your personal data to third parties, except in the following cases:

Kaoun/Flouci group companies‍

We may share your personal data within the Kaoun group companies in order to provide you with Flouci Payment Gateway.

Suppliers and partners‍

We may share your personal data with third-party suppliers and partners who help us provide or make available Flouci Payment Gateway. These third-party suppliers and partners may include:

  • suppliers who provide us with data hosting, database management and card processing services;
  • our banking and financial services partners as well as payment networks, including Visa, Mastercard, Société Monétique Tunisie and SIBTEL.

Merchants‍

We will share your personal data with merchants to the extent necessary to enable them to provide you with their products and/or services and to enable us to fulfil our contractual obligations towards them. Please note that we will act as a processor for the merchant concerned when transmitting this information.

For legal reasons‍

We may share your personal data with third parties:

  • if we are legally required to do so;
  • if we believe, in good faith, that such disclosure is necessary to comply with a legal obligation or request;
  • to enforce our general terms and conditions; or
  • to protect your rights or ours as well as your safety.

ARTICLE 5: DATA HOSTING

Personal data is hosted in Tunisia. Certain data that does not meet the definition of personal data, such as commercial information in the public domain, images and logos, and anonymised data, may be processed outside Tunisia at the discretion of Kaoun SARL.

ARTICLE 6: USER RIGHTS

In accordance with the regulations concerning the processing of personal data, the User has the following rights:
The user may access, update, modify or request the deletion of data concerning them by sending a registered letter specifying their request and enclosing a copy of their identity document. If they have one, the user has the right to request the deletion of their personal area by sending a registered letter, enclosing a copy of their identity document. The request for deletion of data will be processed within 30 working days.

ARTICLE 7: CONDITIONS FOR AMENDING THE PRIVACY POLICY‍

This privacy policy may be consulted at any time on the Kaoun SARL website. The publisher of the site reserves the right to amend the privacy policy to ensure its compliance with the law in force. Consequently, the user is invited to consult this privacy policy regularly.

ARTICLE 8: USER ACCEPTANCE OF THE PRIVACY POLICY

‍The user confirms having read and understood this privacy policy and accepts its terms, in particular with regard to the collection and processing of their personal data.