A. Overview
In order to operate the CloudAsia
service and to reduce the risk of fraud, CloudAsia ("CloudAsia" or "we")
must ask you to provide us information about yourself and your credit card
and/or bank account. This Privacy Policy describes the information we collect
and how we use that information.
CloudAsia takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail in Part C below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy. This Privacy Policy applies to all services that are hosted on the CloudAsia.biz web site, whether the services are offered by CloudAsia or by its subsidiaries.
By accepting the Privacy Policy and User Agreement in registration, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the CloudAsia User Agreement. This Privacy Policy will take effect on July 1, 2012. This Privacy Policy was last updated on August 20, 2012.
Notification of Changes
This
policy may be revised over time as new features are added to the CloudAsia
service or as we incorporate suggestions from our customers. If we are going
to use or disclose your personally identifiable information in a manner
materially different from that stated at the time we collected the
information, you will have a choice as to whether or not we use or disclose
your information in this new manner. Any material changes will be effective
only after we provide you by e-mail with at least 30 days' notice of the
amended Privacy Policy (if you have closed your CloudAsia account, you will
not be contacted to notify you of the amended Policy and your personal
information will not be used or disclosed in this new manner).
We will post the amended Privacy Policy prominently on our Web site so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check the CloudAsia Web site at www.CloudAsia.biz at any time for the most current version of our Privacy Policy.
CloudAsia and other pages on the CloudAsia Web site include links to third party Web sites. These sites are governed by their own privacy statements, and CloudAsia is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party Web sites should review the privacy statement of these sites before providing them with personally identifiable information.
A Special Note About Children. Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
________________________________________
B. Information We Collect
Required Information
To open an CloudAsia
account, you must provide your name, address, phone number, and e-mail
address. In order to make payments through CloudAsia, you must provide credit
card, debit card or bank account information (bank account information is
required to make payments totaling more than $1,000.00 USD). We also ask you
to choose two different security questions to answer (such as your city of
birth or your pet's name) This required information is necessary for us to
process transactions, issue a new password if you forget or lose your
password, protect you against credit card fraud and checking account fraud,
and to contact you should the need arise in administering your account.
Transaction Information
When you
use CloudAsia to send money to someone else or request money from someone
else, we ask you to provide information related to each transaction, including
the amount of the transaction, the type of transaction (purchase of goods,
purchase of services, or simple money transfer ("quasi-cash")) and the e-mail
address or phone number of the third party. We retain this information for
each of your transactions through CloudAsia. We also collect the Internet
address (IP address) of the computer or device you use to access your
CloudAsia account, in order to help detect possible instances of unauthorized
transactions.
Information About You From Third
Parties
In order to protect all our customers against
potential fraud, we verify with third parties the information you provide. In
the course of such verification, we receive personally identifiable
information about you from such services. In particular, if you register a
credit card or debit card with CloudAsia, we will use card authorization and
fraud screening services to verify that your card information and address
matches the information that you supplied to CloudAsia, and that the card has
not been reported as lost or stolen.
If you register your online business with CloudAsia or if you send or receive high overall payment volumes through CloudAsia, in some circumstances we will conduct a background check on your business by obtaining information about you and your business from a credit bureau or a business information service such as Dun & Bradstreet. If you incur a debt to CloudAsia, we will generally conduct a credit check on you by obtaining additional information about you from a credit bureau, to the extent permitted by law. CloudAsia, at its sole discretion, also reserves the right periodically to retrieve and review a business and/or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.
Additional Verification
If we
cannot verify the information that you provide, or if you request a withdrawal
by check to an address other than your verified credit card billing address,
we ask you to send us additional information by fax (such as your drivers'
license, credit card statement, and/or a recent utility bill or other
information linking you to the applicable address), or to answer additional
questions online to help verify your information.
Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you
arrive at or leave the CloudAsia Web site, we automatically receive the Web
address of the site that you came from or are going to. We also collect
information on which pages of our Web site you visit while you are on the
CloudAsia site, the type of browser you use and the times you access our Web
site. We use this information only to try to understand our customers'
preferences better and to manage the load on our servers, so as to improve our
service and your experience with CloudAsia. We do not track the Web sites
that you visit before or after you leave the CloudAsia site.
Our Use of "Cookies"
"Cookies" are
small files of data that reside on your computer and allow us to recognize you
as a CloudAsia customer if you return to the CloudAsia site using the same
computer and browser. We send a "session cookie" to your computer if and when
you log in to your CloudAsia account by entering your e-mail address and
password. These cookies allow us to recognize you if you visit multiple pages
in our site during the same session, so that you don't need to re-enter your
password multiple times. Once you log out or close your browser, these session
cookies expire and no longer have any effect.
We also use longer-lasting cookies to display your e-mail address on our sign-in form, so that you don't have to retype the e-mail address each time when you log in to your CloudAsia account. In addition, we use cookies to process our referral program, described in Section C below. Our cookie files are encoded so that your e-mail address and other information can only be interpreted by CloudAsia. We may, however, share cookie information regarding whether or not a certain user is already registered with CloudAsia with certain merchants with whom we have an official co-marketing relationship.
Customer Service Correspondence
If
you send us correspondence, including e-mails and faxes, we retain such
information in the records of your account. We will also retain customer
service correspondence and other correspondence from CloudAsia to you. We
retain these records in order to measure and improve our customer service, and
to investigate potential fraud and violations of our User Agreement. We may,
over time, delete these records if permitted by law.
Questionnaires, Surveys and Profile
Data
From time to time, we offer optional questionnaires and
surveys to our users for such purposes as collecting demographic information or
assessing users' interests and needs. The use of the information collected will
be explained in detail in the survey itself. If we collect personally
identifiable information from our users in these questionnaires and surveys, the
users will be given notice of how the information will be used prior to their
participation in the survey or questionnaire.
Non-member Recipients and Requests
When a member either sends a payment to, or requests a payment from, an
individual who is not a registered member of CloudAsia, we will retain the
information that the member submits to us, including, for example, the other
party's email address and/or name, for the benefit of the member who is
attempting to contact the non-member, so that the member can see a complete
record of his or her transactions, including uncompleted transactions.
Although this information is stored indefinitely, we will not market to the
non-member in any way at any time. Additionally, these non-members have the same
rights to access and correct information about themselves (assuming that their
email addresses were correct enough to reach them) as anyone else who uses
CloudAsia.
________________________________________
C. Our Use and
Disclosure of Information
Internal Uses
Disclosure to Other CloudAsia
Customers
If you are a registered CloudAsia user, your name,
e-mail address, phone number (if applicable) date of sign-up, and whether you
have verified control of a bank account are displayed to other CloudAsia
customers whom you have paid or who are attempting to pay you through
CloudAsia. If you are a Business account holder, we will also display to other
CloudAsia customers the Web site address (URL) and customer service contact
information that you provide us. However, your credit card number, bank account
and other financial information will NEVER be revealed to anyone whom you have
paid or who has paid you through CloudAsia, except with your express
permission or if we are required to do so pursuant to a subpoena or other
legal process.
If you are buying goods or services and paying through CloudAsia, the seller of the goods or services may request that you provide a mailing address that CloudAsia has confirmed as matching the billing address in the credit card system. You do not have to provide this information. If you do not provide the information, however, the seller may choose not to accept your CloudAsia payment and not to complete the transaction.
We work with third party merchants to enable them to accept payments from you, including direct credit card payments. Merchants who use this service will share personally identifiable information you provide to them with CloudAsia in order to validate the information, assess the risks of your payment, or confirm the existence or status of your CloudAsia account. You permit CloudAsia to share information with the merchant on the validity of the personally identifiable information you provided to the merchant, and on the existence or status of your CloudAsia account.
CloudAsia does not store the personally identifiable information provided
by these merchants to validate the existence of your account.
Disclosure to Third Parties Other Than CloudAsia
Customers
CloudAsia will not sell or rent any of your
personally identifiable information to third parties. CloudAsia will not
share any of your personally identifiable information with third parties
except in the limited circumstances described below, or with your express
permission (and with other CloudAsia customers as described above). These third
parties are limited by law or by contract from using the information for
secondary purposes beyond the purposes for which the information is shared.
1. We share information with companies
that help us process the transactions you request and protect our customers'
transactions from fraud, such as sharing your credit card number with a
service that screens for lost and stolen card numbers. See "Information About
You From Third Parties" in Section B above. Additionally, if you go into a
negative balance and owe us money, we may share information with processing
companies including collection agencies.
2. We may disclose the information we collect, as
described in Section B above, to companies that perform marketing services on
our behalf. We may also disclose the information we collect (but not your bank
account or credit card information) to other financial institutions with whom we
have joint marketing agreements, in order to determine whether you are
pre-approved for the products that CloudAsia is jointly marketing with the
third party. These companies are subject to confidentiality agreements with us
and other legal restrictions that prohibit using the information except to
market the specified CloudAsia-related products or services, unless you have
affirmatively agreed or given your prior permission for other uses.
3. We disclose information that we in good
faith believe is appropriate to cooperate in investigations of fraud or other
illegal activity, or to conduct investigations of violations of our User
Agreement. For example, this means that if we conduct a fraud investigation
and conclude that one side has engaged in deceptive practices, we can give
that person or entity's contact information (but not bank account or credit
card information) to victims who request it.
4.
We disclose information in response to a subpoena, warrant, court
order, levy, attachment, order of a court-appointed receiver or other
comparable legal process, including subpoenas from private parties in a civil
action.
5. When a user signs up for a
co-branded version of CloudAsia (e.g. CloudAsia Inc) through links to
CloudAsia from our co-branded partner's website, CloudAsia will share with
the co-branded partner that user's name, e-mail address and physical address
in order to provide enhanced integration between CloudAsia's services and the
services of our co-branded partner. If you do not want your information shared
with CloudAsia's co-branded partner, you should sign up with CloudAsia
directly and not through a link from our partner's website.
6. We disclose information to your agent or legal
representative (such as the holder of a power of attorney that you grant, or a
guardian appointed for you).
7. We share
aggregated statistical data with our business partners or for public
relations. For example, we may disclose that a specific percentage of our
users live in California. However, this aggregated information is not tied to
personally identifiable information.
8.
As with any other business, it is possible that CloudAsia in the future could
merge with or be acquired by another company. If such an acquisition occurs,
the successor company would have access to the information maintained by
CloudAsia, including customer account information, but would continue to be
bound by this Privacy Policy unless and until it is amended as described in
Section A above.
9. We share your
information with our parent, subsidiaries and joint ventures to help
coordinate the services we provide to you, enforce our terms and conditions,
and promote trust and safety.
Our Contacts with CloudAsia
Customers
We communicate with users on a regular basis via
e-mail to provide requested services, and we also communicate by phone to
resolve customer complaints or investigate suspicious transactions. We use your
e-mail address to confirm your opening of a CloudAsia account, to send you
notice of payments that you send or receive through CloudAsia (including
referral payments described below), to send information about important changes
to our products and services, and to send notices and other disclosures
required by law. Generally, users cannot opt out of these communications, but
they will be primarily informational in nature rather than promotional.
In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, these auditors cannot use personally identifiable information for any secondary purposes.
Internet Address Information
We
use IP addresses, browser types and access times to analyze trends, administer
the site, improve site performance and gather broad demographic information
for aggregate use.
Your Use of Information and Our
Services
In order to facilitate the transactions between
CloudAsia members, our service allows you limited access other users' contact
or shipping information. As a seller you may have access to the User ID, email
address and other contact or shipping information of the purchaser, and as a
purchaser you may have access to the User ID, email address and other contact
information of the seller.
By entering into our User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the site or through an CloudAsia-related communication or CloudAsia-facilitated transaction, you will only use this information for: (a) CloudAsia-related communications that are not unsolicited commercial messages, (b) using services offered through CloudAsia (e.g. insurance, shipping and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s).
In all cases, you must provide users with the opportunity to remove themselves from your database and review any information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another CloudAsia user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
CloudAsia does not tolerate spam. Therefore, without limiting the foregoing, you may not add a CloudAsia user to your mail list (email or physical mail) without their express consent after adequate disclosure, even if said user has previously made a purchase from you. We strictly enforce our Anti-Spam Policy! To report CloudAsia-related spam to CloudAsia, please contact us.
________________________________________
D. Information Security
Information
Security
CloudAsia is committed to handling your customer information
with high standards of information security. We restrict access to your
personally identifiable information to employees who need to know that
information in order to provide products or services to you. We maintain
physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information. We test our security
systems regularly and also contract with outside companies to audit our
security systems and processes.
The security of your CloudAsia account also relies on your protection of your CloudAsia password. You may not share your CloudAsia password with anyone. CloudAsia will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the CloudAsia website, which will always have a URL beginning with http://www.CloudAsia.biz/.
Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with http://www.CloudAsia.biz/ should be treated as unauthorized and suspicious and should be reported to CloudAsia immediately. If you do share your CloudAsia password with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at http://www.CloudAsia.biz/ and changing your Profile settings, and also contact us right away as described in Section F below.
________________________________________
E. Accessing and Changing Your Information
You
can review the personal information you provided us and make any desired
changes to such information, or to the settings for your CloudAsia account,
at any time by logging in to your account on the CloudAsia Web site and
changing your preferences in the Profile page of the "My Account" tab. You can
also close your account through the CloudAsia Web site. If you close your
CloudAsia account, we will mark your account in our database as "Closed," but
will keep your account information in our database. This is necessary in order
to deter fraud, by ensuring that persons who try to commit fraud will not be
able to avoid detection simply by closing their account and opening a new
account. However, if you close your account, your personally identifiable
information will not be used by us for any further purposes, nor sold or
shared with third parties, except as necessary to prevent fraud and assist law
enforcement, or as required by law.
________________________________________
F. Contacting Us
If you have any questions
about this privacy statement, CloudAsia's information practices or your
dealings with CloudAsia. Please call +1 866 733 2047 Monday through Friday
between the hours of 10am and 6pm GMT, or write us at Asia Room 1002-1004,
10th Floor Tung Chiu Commercial Center, 193 Lockhart Rd, Wan Chai, Hong Kong.