Smharty

Smharty Limited (“Smharty”, “we”, “us”, or “our”) is committed to protecting your privacy and handling your personal data responsibly. This Privacy Policy explains how we collect, use, disclose, store, and protect personal data when you use our website, dashboard, APIs, mobile applications, payment gateway services, or any related offerings (collectively, the “Services”).

We process personal data in compliance with the Nigeria Data Protection Act 2023 (NDPA), relevant guidelines from the Nigeria Data Protection Commission (NDPC), Central Bank of Nigeria (CBN) regulations for payment service providers, and other applicable laws.

1. Data We Collect

We collect the following categories of personal data:

Account & KYC Data: Name, email, phone number, BVN (where required), business registration details, bank account information, ID documents, address, date of birth, and other verification data.
Transaction Data: Payment amounts, dates, descriptions, card details (tokenized), bank transfer references, payer/payee info (limited), IP address, device information.
Usage & Technical Data: Browser type, OS, access times, pages viewed, logs, cookies, analytics data.
Support & Communication Data: Messages, emails, call recordings (with notice), feedback.

2. How We Collect Data

Directly from you (registration, dashboard, support tickets)
Automatically (cookies, logs, analytics tools)
From third parties (banks, card networks, identity verification providers, regulators)
From transactions processed on your behalf

3. How We Use Your Data

We use personal data for the following purposes (on the basis of contract performance, consent, legal obligation, or legitimate interests):

Provide, maintain, and improve the Services
Process payments and settlements
Verify identity and conduct KYC/AML checks
Prevent fraud, money laundering, and security incidents
Comply with CBN, NDPC, tax, and other regulatory requirements
Communicate updates, support, and marketing (with consent where required)
Analyze usage and enhance platform security/performance

4. Sharing Your Data

We may share personal data with:

Payment processors, banks, card schemes (Visa/Mastercard), switches
Identity/verification providers and credit bureaus
Regulatory authorities (CBN, NDPC, EFCC, etc.) when required
Service providers (cloud hosting, analytics, email) under strict contracts
Professional advisors (lawyers, auditors)

We do not sell your personal data.

5. Data Security

We implement technical and organizational measures (encryption, access controls, firewalls, regular audits, PCI DSS compliance where applicable) to protect personal data. However, no system is 100% secure.

6. Your Data Rights (Under NDPA)

You have the right to:

Access your personal data
Request correction or erasure
Object to or restrict processing
Data portability
Withdraw consent (where processing is consent-based)
Lodge a complaint with the NDPC

To exercise these rights, contact our Data Protection Officer at dpo@smharty.com.

7. Data Retention

We retain personal data only as long as necessary for the purposes above, to comply with legal obligations (e.g., CBN transaction records for 7+ years), or resolve disputes. Transaction data may be kept longer for audit/fraud prevention.

8. International Transfers

If we transfer data outside Nigeria (e.g., to cloud providers), we ensure adequate safeguards (e.g., adequacy decisions, standard contractual clauses, or binding corporate rules) in line with NDPA requirements.

9. Cookies & Tracking

We use cookies and similar technologies for functionality, analytics, and security. You can manage preferences via your browser or our cookie banner.

10. Data Breaches

In the event of a personal data breach, we will notify affected individuals and the NDPC as required by law, without undue delay.

11. Changes to This Policy

We may update this Privacy Policy. Changes will be posted here with the updated effective date. Significant changes may be notified via email or dashboard.

12. Contact Us

For questions or to exercise your rights, contact our Data Protection Officer:

Email: dpo@smharty.com
Address: [Insert Smharty Limited physical address, Lagos, Nigeria]