At CloudWalk, your Privacy and Data Protection are a top priority! This Privacy Policy ("Policy") is meant to help you understand the types of Personal Information that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices and your privacy rights. Some of our products and services may be offered in partnership with a sponsor bank (BIN Sponsor). Those partners may have their own privacy policies and notices. We recommend that you access those documents through the links below and read then carefully, since personal data may be shared for the purposes stated on section “4”.
1. Some Key Definitions
Personal Information: any information that identifies, relates to, or reasonably could be linked to or associated with a particular person.
Services: means the financial products, technology, payment services and all other services provided by CloudWalk and its affiliated companies.
2. What Personal Information We Collect About You and Where It Comes From
A. Information we collect from you
We collect and process Personal Information through our Services when you interact with us. The data we collect from you varies depending on what specific Services you and your company use. In some cases you actively provide us with the information and in others, CloudWalk collects the information automatically. We collects personal information from you when you directly interact with CloudWalk in the following ways:
(a) Filling out an application and creating an CloudWalk account
(b) Making a purchase using a physical or virtual CloudWalk Card
(c) Making or receiving payments
(d) Browsing the platform or our website
(e) Using our iOS or Android mobile apps
(f) Calling, chatting, contacting, or interacting with CloudWalk (such as with our Customer Services or Sales, or clicking through our advertising)
(g) Reading emails from CloudWalk
(h) Attending a CloudWalk event (offline or online) or webinar
B. CloudWalk may collect the following categories of Personal Information from you when you interact with or use our Services:
(a) Contact Data, such as your name, business email, phone number and address.
(b) Professional Data, including your title or role on your team.
(c) Account Credentials, including your password (hashed) and information for authentication and account access.
(d) Identity Data, such as your date of birth, Tax Identification Number or your Social Security Number and copies of your passport, driver’s license, or other national ID and any information captured on such ID (such as facial images/ photographs) or through our ID verification process (including the ID verification results).
(e) Financial Data, including your bank account information, routing and account numbers for reimbursements, transaction history, and related information, and your account data.
(f) Transaction Data, including information associated with use of your card and transactions
(g) Communications and Online Content, including content within any messages you send to us (such as when contacting support or asking a question).
(h) Marketing Data, such as your contact preferences and webinar/event registration, attendance and participation information.
(i) Service Use Data, Device Data and Location Data via Tracking Technologies. When you access or interact with our Platform or use any of our mobile apps, we use several types of activity tracking tools to collect data about how and when you interact with our web pages and mobile application; the type of device, browser, and operating software you use; your IP address and other device event information; and imprecise location data that can be derived from this information (such as location that can be identified from your IP address). Unless these technologies have been disabled by a user, CloudWalk automatically collects this data through various types of tracking technologies, such as cookies, pixels and device fingerprinting.
3. Information CloudWalk Collects from Other Sources
A. Personal Information Collected from Third Parties
CloudWalk may also collect information about you from other sources. The paragraphs below describe the categories of third parties CloudWalk collects Personal Information from and what categories of data we collect from them.
Category of Third Party: Financial Institutions (including banks and money transmitters), Card Network Providers, Payment Processors, Card Issuers.
- Personal Information Category Collected: Contact, Financial, Transaction
- When Data is Collected: These entities are CloudWalk’s partners in processing your card and providing you and your business with account services.
Category of Third Party: Merchants and Receipt Information Aggregating Services
- Personal Information Category Collected: Contact, Financial, Transaction, Location Information
- When Data is Collected: CloudWalk collects information about your financial transactions, including information regarding the location of and other details purchases and receipt information for transactions
Category of Third Party: Identity Verification Services; Financial Information Providers; Fraud and Financial Crime Monitoring, Prevention, and Detection Service Providers
- Personal Information Category Collected: Contact, Identity, Professional, Financial, Transaction, Service Use Data, Device Data, Location Data.
- When Data is Collected: When CloudWalk is confirming your identity; onboarding or maintaining information for an account you are an administrator, authorized user, or other responsible part for; or managing fraud, financial crime, or other legal risks
Category of Third Party: Other Service Providers
- Personal Information Category Collected: Contact, Identity, Financial, Transaction, Travel, Rewards, Company, Professional
- When Data is Collected: When CloudWalk receives information back from other categories of Service Providers while providing you with our Services
Category of Third Party: Social Networks and Online Advertising
- Personal Information Category Collected: Contact, Professional, Marketing
- When Data is Collected: When CloudWalk uses these providers to serve or assist in serving our advertisements
Category of Third Party: Publicly-available sources (including the media and public domain)
- Personal Information Category Collected: Contact, Professional, Company, Online Content
- When Data is Collected: When CloudWalk is identifying potential customers and partners or conducting due diligence or other risk management activities for existing and potential customers
4. How CloudWalk Processes and Stores Personal Information
A. How we Processes Personal Information
CloudWalk processes Personal Information to provide its customers with a reliable, secure, and fast solution for financial services. That requires us to process Personal Information for a number of purposes, as described below:
(a) Providing our Services. We use all of the categories of Personal Information we collect to provide our Services. Personal information may be used as part of the data analytics processes that enable our Services.
(b) Improving and developing the Services. We use all of the categories of Personal Information we collect other than identity data to understand how you use our Services, and to improve them. We also use the information to analyze trends and performance to identify future opportunities for the development, promotion, and improvement of our Services. We use analytics services to help us understand how users access and use our Services.
(c) Securing the Services and Fraud Detection. We process and analyze all categories of Personal Information we collect for the purposes of maintaining the safety and security of our systems, websites, Services, including identifying and troubleshooting any problem with our products or services, investigating suspicious activity, detecting potentially fraudulent or unauthorized transactions, enforcing our terms and policies, and in protecting the rights of our customers, and those we all do business with.
(d) Providing Customer Support. We process all categories of Personal Information CloudWalk collects to troubleshoot and diagnose problems with our Services, and provide other customer care and support services, including to help us support, improve, and secure the quality of our Services, to investigate security incidents, and provide appropriate training to our staff.
(e) Sending administrative communications. We may use your Contact, Professional, and Transaction information to send you information related to our Product and Services such as confirmations, invoices, technical notices, service updates and security feeds, security alerts, and support, onboarding, and administrative messages.
(f) Sending marketing communications and placing advertising, including marketing analytics. We use your Contact, Professional, Transaction, and Marketing information we collect to advertise and promote our Services by phone, text, email, or chat, and additional products and services from our partner companies, according to your marketing preferences. We may use Service Use Data, Device Data and Location Data to place and deliver advertisements to you.
(g) Complying with legal obligations, defending legal claims, and preventing and detecting crime and misuse of our Services. We may process all categories of Personal Information we collect to fulfill CloudWalk’s legal and regulatory rights and obligations, including in the following situations:
- when cooperating with public and government authorities, courts or regulators in accordance with applicable laws;
- to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
- to protect CloudWalk’s legal rights, pursue remedies available to us, and limit our damages;
- to protect against misuse or abuse of our Services;
- to protect personal or public property or safety;
- to comply with judicial proceedings, court orders or legal processes; or
- to respond to lawful requests.
(h) For our business purposes. We may use information for other legitimate business purposes, such as developing new Services; enhancing, improving or modifying our Services; mitigating financial loss, claims, liability, and other harms to our users, CloudWalk, our partners, or third parties.
(i) For improving our AI models. We may use your interaction with our AI chatbots for the purpose of improving the system's accuracy and performance. This includes, but is not limited to, analyzing and parsing conversations you have with our customer suport team and the chatbots.
(j) With Notice to You and Your Consent. We may otherwise process Personal Information after providing notice to you and obtaining your consent. You may opt out of or refuse your consent for this processing.
B. Anonymized and aggregated data.
To improve and market our Services, better target advertisements, and for other promotional purposes, CloudWalk may transform Personal Information into de-identified information removing or masking information that could be used to identify you and by aggregating or combining de-identified data with other information.
C. Transfers of your Personal Information between CloudWalk affiliates
When you sign up for CloudWalk business accounts, information related to and collected as a result of your use of that product will be collected by CloudWalk Information directly related to your use of CloudWalk business accounts, as highlighted above, is controlled by CloudWalk, and may be shared with our affiliated companies in other countries.
D. Brazil and EEA residents: Legal basis for processing
The General Data Protection Law (LGPD) in Brazil, and the General Data Protection Regulation (GDPR) in Europe requires a "lawful basis" for processing personal data. Our lawful basis includes where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our Service Providers, partners, or business customers; (b) processing is necessary for the performance of a contract with our customers; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.
5. How CloudWalk Discloses Personal Information to Other Parties
A. CloudWalk discloses Personal Information for several business purposes, such as:
- Making a payment
- Providing contracted Services to Business Customer
- Providing and securing our Services, complying with our regulatory obligations, data analytics, data hosting, and technical support
- Advertising and Marketing Analytics
- Issuing cards
- Providing credit card networks
- Credit reporting
B. Restrictions on Service Provider’s Use of Your Personal Information
CloudWalk may transfer your Personal Information to our Service Providers. CloudWalk contractually prohibits our Service Providers from retaining, using, or disclosing information about you for any purpose other than performing the services for us and fulfilling their own regulatory and legal obligations, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for other purposes except as prohibited by applicable law or contractual obligation.
C. Data transfers in corporate transactions
In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information and data we process from you may become part of the assets we transfer or share in preparation for any such transaction. Any acquirer or successor of CloudWalk may continue to process Personal Information consistent with this Policy.
D. Compliance and compelled disclosures
We may disclose or transfer Personal Information in the following circumstances:
(a) To comply with applicable law, regulation or payment network rules;
(b) To enforce our contractual rights or comply with contractual obligations;
(c) To protect the rights, privacy, safety and property of CloudWalk, you, our customers, our business partners, or others; or
(d) To respond to requests from auditors, courts, law enforcement agencies, regulators, and other public and government authorities, which may include authorities outside your country of residence. When complying with court orders and other similar legal processes, CloudWalk strives for transparency. We will make reasonable efforts to notify our customers and users of any disclosure of their Personal Information, unless we are prohibited by law, court order, or exigent circumstances prevent us from doing so.
E. For California residents: No sale or sharing of Personal Information
CloudWalk does not sell or allow our Service Providers to process your Personal Information for their own use without your consent, unless the processing of that information is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, protect our property or operations, or enforce the rights and protect the property or operations of our business partners and customers.
As part of our arrangements with Service Providers, CloudWalk may receive your Personal Information from and transfer your Personal Information to our Service Providers as part of providing our Services and Products, but these transfers are conducted under contracts that protect your data from additional uses and are not considered a sale pursuant to California law. CloudWalk also does not share Personal Information for cross-contextual behavioral advertising as defined in the California Privacy Rights Act.
CloudWalk has not sold or shared Personal Information for cross-context behavioral advertising for the last 12 months.
6. How CloudWalk stores and protects Personal Information
CloudWalk collects and retains Personal Information to provide our Services.
We retain that information for as long as we have a business or operational reason to retain that information, or where we have a legal or regulatory obligation to continue to retain that Personal Information after it has served its business or operational purpose. CloudWalk deletes or de-identifies Personal Information when we no longer are required to or have a reasonable business purpose to retain it.
CloudWalk’s legal retention obligations may require us to retain your Personal Information after you are no longer an authorized user of a CloudWalk account or after your account has closed. These retention obligations also prohibit us in some cases from deleting certain Personal Information after you have asked us to delete your data under the data privacy and data rights laws in different jurisdictions. CloudWalk retains data where it is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements or where deleting it prevents us from billing for our Services, calculating taxes, conducting required audits, or carrying out other legitimate business functions.
A. Where CloudWalk stores Personal Information and international data transfers
As we strive to serve our customers everywhere in the world they operate, CloudWalk may process and store Personal Information for the purposes described in this Policy in Brazil, the United States, or any other country in which CloudWalk, its subsidiaries, affiliates, or Service Providers operate. These countries may have data privacy or protection laws that are different to the laws of your country and may not be as protective. CloudWalk takes measures to comply with applicable data privacy laws when we transfer Personal Information internationally.
For Personal Information transferred from Brazil or Europe, we will provide appropriate safeguards, such as use of the Standard Contractual Clauses approved by the Agência Nacional de Proteção de Dados (ANPD) and the European Commission, to protect your Personal Information.
B. CloudWalk’s data security
CloudWalk uses organizational, technical, and administrative measures to protect Personal Information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information. The specific measures we use include encrypting your Personal Information in transit and at rest, device and identity verification processes, and idle lockouts.
Where you have created a username and unique password to enable you to access your CloudWalk Account, or use our Services, it is your responsibility to keep this password secure and confidential.
Please contact us immediately if you believe that your Personal Information or any other confidential information that you have provided to us is no longer secure or has been lost or stolen.
7. Additional Important Information About Your Personal Information
Closure or deletion of your CloudWalk Account will mean that the business customer will permanently lose access to the Personal Information and data associated with the Account. Personal information or de-identified information associated with your Account may nonetheless remain on systems owned or maintained by CloudWalk where required to comply with the law, our contractual obligations, or carrying out legitimate business functions.
Where CloudWalk retains Personal Information after an account has closed, individuals may have the right to access, delete, or assert other rights under the laws of their jurisdiction.
A. For Brazil and EEA: CloudWalk’s role as a data controller and processor
Data protection laws in Brazil and Europe distinguish between organizations that process personal data for their own purposes (known as "controllers") and organizations that process personal data on behalf of other organizations (known as "processors"). CloudWalk acts as a controller with respect to personal data collected as you interact with and use our Services.
For the Products, CloudWalk acts as a processor when we act on the instructions of or on behalf of a business customer, and as a controller when CloudWalk is deciding how to process your data directly.
8. Your Rights and Choices
A. Your Choices with CloudWalk
(a) Emails. You may choose not to receive promotional emails from us by following the unsubscribe/opt-out instructions in those emails at any time. Please note that you cannot opt-out of non-promotional messages, such as those about your CloudWalk account, transaction information about our Services (such as updates to our platform agreement, privacy notices, security alerts, and other notices relating to your access to or use of our Services) or our ongoing business relationship.
(b) Text, SMS, or WhatsApp Messages. If you have opted in to receiving text, SMS, or WhatsApp messages related to your use of the Products or Services, you can opt-out at any time.
Please note that your opt out is limited to the email address or phone number used and will not affect subsequent subscriptions.
B. California Resident Rights and Choices
If you are a California resident, you have certain rights over the information that we have about you. You can:
(a) Delete any Personal Information we have collected from you when we do not have legal or contractual obligations to keep the information or a need for the information to carry out a legitimate business function.
(b) Opt out of the sale of your Personal Information and opt out of having your personal data shared for the purpose of cross-context behavioral advertising. As discussed above, CloudWalk does not sell your Personal Information nor share it for these purposes.
(c) To request that CloudWalk correct any inaccurate Personal Information we hold about you.
(d) To request that CloudWalk limit the use and disclosure of your sensitive Personal Information to uses that are necessary to provide our Services and to the uses defined in California law or regulation (defined in the California Civil Code, Section 1798.121).
(e) Request that CloudWalk provide you with any or all of the following regarding our data processing for the 12 months preceding the request:
(i) The categories of information we collected about you;
(ii)The categories of sources from which the Personal Information is collected;
(iii) The business or commercial purpose for collecting Personal Information;
(iv) The categories of third parties to whom we disclose Personal Information; and/or
(v) A copy of the specific pieces of information we have collected about you.
(f) Appoint an authorized agent to act on your rights on your behalf. CloudWalk will require appropriate proof of the agent’s authority to make these requests and will need to verify your identity directly. CloudWalk will not discriminate against you for any use of your privacy rights.To exercise any of these rights, you may make a request by emailing us at lgpd@cloudwalk.io. If you are currently a CloudWalk user, you may correct any Personal Information we have about you either in your settings, or by using the contact details above.
C. Brazilian and European Rights
You have the following rights regarding the Personal Information we collect and use about you:
(a) You may access, correct, update or request deletion of your Personal Information.
(b) You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, and request we transfer your Personal Information to a third party.
(c) You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us at lgpd@cloudwalk.io.
(d) If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
(e) You have the right to complain to a supervisory authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
To exercise any of these rights, please contact us at lgpd@cloudwalk.io. We will respond to your request within 15 or 30 days, depending on the jurisdiction. We may require specific information from you to help us confirm your identity and process your request.
D. Residents of other locations
If you reside in a US state or territory other than California or anywhere else in the world other than Brazil or the European Economic Area and would like more information about how CloudWalk processes your Personal Information or have questions about your rights under this Policy, please submit your request to lgpd@cloudwalk.io
9. Updates to This Policy
We may update this Policy from time to time in response to changing legal, regulatory, technical or business developments. When we update this Policy, we will notify you of material changes, changes that limit any of the rights you have related to the manner in which we process your Personal Information, or that we are required to disclose by law, via a prominent notice on our website, login screen, your mobile app, or via email. We will obtain your consent to any material changes to this Policy if, and where, required by applicable data protection laws.
10. How to Contact Us
If you have concerns, questions, or would like to better understand our privacy practices at CloudWalk, please contact us using the following details:
By email: lgpd@cloudwalk.io
By mail*: 440 N WOLFE RD
PLUG AND PLAY BUSINESS
SUNNYVALE CA
ZIP 94085
*All mail should be addressed to the DPO or the Compliance Team