1.1 This is the Privacy Notice that applies to Sezzle Capital, powered by Wayflyer. Wayflyer Limited, trading as “Wayflyer”, (including companies which are controlled by, or under common control with Wayflyer Limited, collectively referred to as the Wayflyer Group) respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.
1.2 The General Data Protection Regulation (EU Regulation 2016/679) and implementing regulation (”GDPR”) defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. The GDPR defines “special categories of personal data” as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, the processing of genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
1.3 This Privacy Notice aims to give you information on how we collect and process your personal data through your use of Wayflyer websites (including all Wayflyer group websites, mobile applications, or any site operated by Wayflyer in partnership with a commercial partner offering Wayflyer services), including any data you may provide as part of our Online Application Process, by signing up for our newsletter or other marketing material, by submitting a query, by using other online services or applying for a role at Wayflyer.
2.1 This Privacy Notice is issued on behalf of Wayflyer Ltd, trading as “Wayflyer”, having its registered office at RBK House, Irishtown Central, Athlone, County Westmeath, N37 XP52, Ireland. Our company registration number is 602786. Wayflyer Limited, trading as “Wayflyer”, is the controller for the purposes of this Privacy Notice and for the processing of personal data collected by members of the Wayflyer Group.
2.2 If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact firstname.lastname@example.org.
2.3 You have the right to make a complaint to a supervisory authority under the GDPR at any time. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority so please contact us in the first instance.
2.4 Third-party links: This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Notice of every website you visit.
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Wayflyer provides business to business services. However in order to provide these services, and to communicate with our business customers we will need information about employees, directors and other officers of those companies. We also process data of individuals who interact with Wayflyer, whether through direct contact with us, through Wayflyer websites or on social media.
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
4.1 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website or Service feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
4.2 We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).
4.4 We may as part of our legal obligations under anti-money laundering legislation, require information in respect of any criminal records, sanctions or embargoes.
4.5 If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficient Registration Information). In such a case, we might have to cancel an Online Application Process but we will notify you if that happens.
We use different methods to collect data from and about you including through:
a. Direct interactions. You may give us your Identity, Contact and Financial Data filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes
b. Automated technologies or interactions. As you interact with a Wayflyer website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies (in accordance with our Cookie Notice), server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
c. Third parties or publicly sources. We may receive Contact, Financial and Transaction Data from providers of technical, payment, and delivery services such as Realex or Stripe, other analytics providers, public registries or public social media sites such as LinkedIn.
6.1 Lawful basis. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where:
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending certain marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at email@example.com.
6.2 Marketing communications from us
We may use your Identity, Contact, Technical, Profile, and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you.
6.3 Opting out
We provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can ask us or previously authorised third parties to stop sending you marketing messages at any time by contacting us at firstname.lastname@example.org.
6.5 Change of purpose
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7.1 We may have to share your personal data with the parties set out below:
7.2 Third parties in the course of an acquisition, merger, equity investment, or similar corporate transaction; and
7.3 Third parties to whom we sell, transfer, or merge parts of our business or our assets; alternatively, we may seek to acquire other businesses or merge with them; if a change happens to our business, then the new owners or newly acquired businesses may use your personal data in the same way as set out in this Privacy Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Whenever we transfer your personal data out of the European Economic Area (’EEA’), we ensure a similar degree of protection is afforded to it by using specific contracts approved by the European Commission which give personal data the same protection it has in the European Union (known as the Standard Contractual Clauses).
9.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
9.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority or other regulators of a breach where we are legally required to do so.
10.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
10.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
10.3 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax and other legal purposes.
10.4 In some circumstances you can ask us to delete your data: see below for further information.
10.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
11.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Specifically, you may:
11.2 If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
11.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
11.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
11.5 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12.1 Lawful basis
12.2 Third Parties
b. External Third parties
We reserve the right to change our Privacy Notice at any time. If we make changes, we will post them and will indicate on this page the Privacy Notice’s new effective date. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
Effective Date 14 March 2022