Privacy Policy

Overview

Octaloop, Inc. ("Binamite", "us", "we", or "our") operates the www.binamite.com website (the “Site”) and provides an international payroll service (the "Service"), which is available through the Site.

We are registered as an MSB with the FINCEN, and incorporated in Delaware, US with file number 5859018 on the 21st day of April in 2021, and located at Suite 206, North Broad Street, Middletown, New Castle (19709).

This Privacy Policy informs you of how information about you is collected, used and disclosed by us when you access our Site and our Service. By using the Service, you agree to the collection and use of your information in accordance with this policy.

Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service.

Information Collection

While accessing our Site and/or using our Service, we collect and store certain information about you. Some of this information can be used on its own or in combination with other information with other information to identify you ("Personal Information"). “Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user. Company is committed to protecting and respecting your privacy.

Below is a list of types of Personal Information that we may collect and use when you apply for, or use any of our products or services.

We also automatically collect certain computer, device, and browsing information when you access the Website or use of Services. This information is aggregated to provide statistical data about our users’ browsing actions and patterns, and does not personally identify individuals. This information may include:

• The information about the computer or mobile device you use to access our Website, including the hardware model, operating system and version, the web browser you use, IP addresses and other device identifiers.
• Website usage information, the server log information, which may include (but is not limited to) your login details, the date and time of visits, the pages viewed, your IP address, time spent at our Website and the websites you visit just before and just after our Website.
• The bandwidth upload and download speeds, the amount of free and used storage space on your device and other statistics about your device.

We may automatically capture, store and otherwise process information about you even if you abandon the completion of an online application or registration form.

Where we collect personal information

We may collect personal information about you or your businesses from any of these sources:

• Data we collect when you use our products or services

1. Payment and transaction data
2. Profile and usage data (including, without limitation, your security details, app or your website browser settings, marketing choices and data from the devices you use to connect to our Platform so we can provide you with our products or services).
3. We also use cookies and other internet tracking software to collect data while you are using our website or mobile apps (or any other device as described in more detail below

• Data from third parties

1. Companies and business partners that introduce you to us
2. Our service partners, such as PSP partners as defined in Binamite’s terms
3. Our third-party vendors, including (without limitation) those that help us authenticate your identity
4. Social networks and other technology providers (for instance, when you click on one of our Facebook or Google adverts)
5. Fraud prevention agencies
6. Other financial services companies (to fulfil a payment or other service as part of a contract [which they have] with you, or to help prevent, detect and prosecute unlawful acts, money laundering, and fraudulent behaviour)
7. Public information sources such as (without limitation) Companies House
8. Third-party agents, suppliers, sub-contractors and advisers
9. Market researchers
10. Firms providing data services
11. Government, law enforcement agencies, authorities and regulatory bodies to help Binamite comply with its legal obligations;

Cookie Use

Our Website uses cookies to enable you to use the Website, the Services we offer and the materials on the Website. Cookies are also used to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Information Use

Below is a list of the ways that we may use your personal information and our reasons for doing so:

Communications

We may contact you with newsletters and other marketing information that may be of interest to you. You may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

Information Sharing with Third Parties

We will only share your information with the third parties listed below for the purposes described above in the “Use of Your Information” Section, unless otherwise noted at the point of collection:

• Third-party agents, partners, and service providers who are only permitted to use your information as we allow which may include contacting you on your behalf, and are required under law or contract to keep your personal information confidential. Information is shared to help us provide the Service.
• Government agencies and taxing authorities, as required to provide the Service, including but not limited to the Internal Revenue Service, state and local tax agencies, and state and federal regulatory agencies.
• Insurance carriers and other third parties, as needed to carry out the Benefits Service
• Banking and financial institutions.
• Certain parties as necessary to respond in good faith to legal process where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
• We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:
1. Compelled by subpoena, court order, or other legal procedure.
2. We believe that the disclosure is necessary to prevent physical harm or financial loss.
3. Disclosure is necessary to report suspected illegal activity.
4. Disclosure is necessary to investigate violations of this Privacy Policy or any our agreement with you.
• The following third-parties under the circumstances described below:
1. We may share business or personal information with credit bureaus, and we may share information with certain companies, banks and organizations for purposes such as fraud prevention or determining eligibility for the Service;
2. If you participate in a referral program, the referral email and referral link sent to any Referred Leads may include your first name;
3. If there is a sale of Binamite (including, without limitation, a merger, stock acquisition, sale of assets or reorganization), or in the event that Binamite liquidates or dissolves, we may sell, transfer or otherwise share some or all of our assets, which could include your information, to the acquirer;
4. We may share de-identified personal information with academic institutions to perform research, under controls that are designed to protect your privacy—including requiring such institutions to operate under confidentiality agreements and mandating that published findings contain only de-identified and aggregated data;
5. From time to time, we may share reports with the public that contain anonymized, aggregate, de-identified information and statistics; and
6. We may share your information with certain other third parties with whom you, your Client, or your Client’s accountant partner expressly authorize us to share your information

We also can disclose your Personal Information in the following circumstances:

• with your consent or at your instruction. Certain information you may choose to share may be displayed publicly, such as your username and any content you post when you use interactive areas of our Website like our online forums
• with our current or future parent companies, affiliates, subsidiaries and with other companies under common control or ownership with us or our offices internationally. We ensure that listed parties will be bound by terms not less protective those described in this Privacy Policy, or those we are subject to under applicable data protection laws
• if the sharing of Personal Information is necessary for protection of our rights and property, or rights and property of the above listed current or future parent companies, affiliates, subsidiaries and with other companies under common control or ownership with us or our offices

Your information will not be sold, exchanged, or shared with any third parties without your consent, except to provide Services or as required by law. By using Website or Services you consent to the disclosure of your Personal Information as described in this Privacy Policy

How long we keep your personal information

We will keep your personal information as long as you are a User of Binamite.
We may keep your personal information for up to 10 years after you stop being a customer. The reasons we may do this are:

• To respond to a question or complaint, or to show whether we gave you fair treatment
• To study customer data as part of our own research
• To comply with legal rules that apply to us about keeping records. For example, the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 require us to retain certain data for a minimum of 5 and a maximum of 10 years.
• We may also keep your data for longer than 10 years if certain laws mean that we cannot delete it for legal, regulatory or technical reasons.

Security

We use a variety of security measures to ensure the confidentiality of your Personal Information, and to protect your Personal Information from loss, theft, unauthorized access, misuse, alteration or destruction. These security measures include, but are not limited to:

Password protected directories and databases.

Secure Sockets Layered (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely.

Limited access to hosting servers using 2FA and traffic encryption

All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorized Company personnel are permitted access to your Personal Information, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly in light of new and relevant legal and technical developments.

The security of your Personal Information is important to us. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. You are also a key stakeholder in making sure that your Personal Information is protected. If you become aware of any breach of security or privacy, please contact us immediately.

Your Rights Regarding Your Personal Information

You are able to exercise all the right foreseen by legislation, if this does not contradict the legal requirements in relation to the prevention of money laundering and terrorist financing laws, our record keeping obligations, etc.

You have the following rights:

• the right to be informed about the fact that we’re processing your Personal Information and which data exactly we are processing,
• the right to data portability. In certain circumstances, you have the right to obtain all your Personal Information we store in a machine readable format;
• the right to object the processing of your Personal Information.
• the right not to be subject to automated decision-making including profiling if it doesn’t intervene in performing the contract between you and us.
• the right to access your Personal Information, to correct, update, and block inaccurate and/or incorrect data;
• the right to withdraw your consent of Personal Information processing;
• the right to erase your Personal Information from our servers upon your justified request (a right to be forgotten);

To exercise these rights, contact us at [email protected]

Within 40 days of receipt of your written request we will provide you with your Personal Information, including the purposes for which it was used and to whom it was disclosed to in accordance with applicable legislation. We reserve the right to request additional information from you, that may be necessary in order to provide the duly respond to your request in accordance with applicable legislation and you agree with such our right. Also, if you wish to correct, update, and block inaccurate and/or incorrect data, we have a right to request a confirmation of correct data from you, for example, official documents containing such data.

Please note that if we are unable to verify your identity by e-mail messages or at your application to the call center, or in the case of reasonable doubts concerning your identity, we may ask you to provide a proof of identity, including by personal appearance in our office. This is the only way we can avoid disclosing your Personal Information to a person who can perpetrate your identity.

In some cases, we will not be able to change your Personal Information. In particular, such case can include the event when your personal information has already been used during the execution of any agreement or transaction, or is specified in any official document, etc.
You have the right of withdrawal of consent to personal data processing. You may also exercise your right to be forgotten and erase your Personal information from our servers.

Please be advised, that in case of realization of your right of withdrawal of consent to personal data processing or right to be forgotten, we will may not be able to provide you our products or services, and we have a special right to terminate all our current agreements with you with the application of legal consequences of such termination, and you irrevocably acknowledge such our right.

In order to withdraw the consent to personal data processing and/or exercise your rights to be forgotten please contact us at [email protected].

International Transfer

Information collected while you use the Site and/or Service, including your Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the information, including your Personal Information, to the United States and process it there.Your consent to this Privacy Policy followed by your submission of such Personal Information represents your agreement to that transfer.

Link To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

We do not knowingly collect Personal Information from Children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verifiable parental consent, we will take steps to remove that information from our servers.

California Privacy Rights

This section provides additional details about the personal information we collect about California consumers as well as the rights of California consumers under the California Consumer Privacy Act (CCPA).

California residents that have an established business relationship with us can request a notice disclosing the categories of Personal Information we have shared with third parties during the preceding calendar year for the third parties’ direct marketing purposes. To make such a request from us, if entitled, please use the contact information listed below.

Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
Exercising the right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:

• the categories and specific pieces of personal information we have collected about you;
1. the categories of sources from which we collected the personal information;
2. the business or commercial purpose for which we collected the personal information;
3. the categories of third parties with whom we shared the personal information; and
4. the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
5. Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
6. Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place. As described in Advertising, we do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.

Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Service that you do not wish such operators to track certain of your online activities over time and/or across different websites. We do not support Do Not Track requests at this time.

To submit a request to exercise any of the rights described above, you may contact Binamite at [email protected] We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required.

Questions or Concerns Regarding the Privacy Policy

If you have questions or concerns regarding privacy using our Service, please contact us at: [email protected]

Link To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

FOR EU RESIDENTS:

We collect, process, use and are responsible for certain personal information about you. When we do so, we are regulated under the General Data Protection Regulation (EU) 2016/679 (GDPR) which applies across the European Union and EEA (including in the UK), and the Data Protection Act 2018 (together with the DPA).

For individuals residing in the EU please contact our EU Representative with any requests you may have either by emailing [email protected] or addressing it to the Head of Data Privacy Manager Service, Bouaziz & Partners, 45 Quai de la Seine, 75019, Paris, France.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

When transferring data from the European Union, the European Economic Area, and Switzerland, Binamite relies upon a variety of legal mechanisms, including contracts with our Users.

Binamite complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Binamite has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit (https://www.privacyshield.gov/)

Binamite commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

Binamite is subject to oversight by the U.S. Federal Trade Commission. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance — free of charge to you. We ask that you first submit any such complaints directly to us via [email protected] If you aren't satisfied with our response, please contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield. In the event your concern still isn't addressed by JAMS, you may be entitled to binding arbitration under Privacy Shield and its principles.
Within the scope of our authorization to do so, and in accordance with our commitments under the Privacy Shield, Binamite will provide individuals access to personal data about them. Binamite also will take reasonable steps to enable individuals to correct, amend, or delete personal data that is demonstrated to be inaccurate.

Binamite is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Binamite complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

Under applicable EU regulation, as of May 25, 2018 you may have some or all of the following rights in respect of your personal information:

• to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
• to rectify inaccurate personal information;
• to erase your personal information in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed;
• to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim;
• to challenge processing which we have justified on the basis of our legitimate interest;
• to object to decisions which are based solely on automated processing or profiling;
• to obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or
• to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection. You also have the right to withdraw your consent to the processing of your information at any time. We may ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We may also decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.

Changes To This Privacy Policy

This Privacy Policy is effective as of the “LAST REVISED” date specified at the top of this Privacy Policy and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, and/or by placing a prominent notice on the Site and/or Service.

Grievance and Support

Any complaints, abuse, or concerns with regards to content and or comment or breach of these terms shall be immediately informed via in writing or through email on [email protected]