Политика конфиденциальности

Wari is anxious to protect the privacy of your personal data. Whether you are a new or a regular user with the Wari Platform, take the time to check our practices and do not hesitate to get in touch with us if you have any questions.

Functionalities allowing to manage your data and protect your confidentiality and security can be found in the section « My account » open to every Member.

FOREWORD

The company Wari is a limited liability company with a capital of 3.000.000.000 CFA francs, with head office at Rue des Sarrasins Above, Lomé, Republic of Togo, registered  in the Trade and Personal Property Credit Register in Lomé under the N° RCCM TG-LOM 2015 B1717, at NIF 1000576133, it makes available to its Users the Platform accessible via the Website and the Application allowing its Members to use the Services.

The Wari services are available in Europe through the company Tom2Tom Ltd which has a license and is regulated by « HM Revenue & Customs (HMRC) UK » for the services of «exchange bureau, money transmitter », under the license number : 12863754

The Platform thus processes personal Data concerning Users and more particularly Members.

Wari is « responsible » for the processing of personal Data collected through the Platform according to international regulations and laws relevant to the processing of personal data (see below « Computer Technology and Freedom Regulations »). 

The aim of the present document, as regards processing of Data for which Wari is « responsible » in the meaning of the Computer Technology and Freedom Regulations, is to inform the Users (see below « Privacy Policy ») on :

  • The methods of collecting and processing their personal Data ;
  • The measures taken to ensure the protection of personal Data ;
  • The rights of the persons concerned by this processing ;
  • The obligations of Wari and of the Users under the Computer Technology and Freedom Regulations.

The User commits himself to read the Platform’s Terms of Services (below the « TS ») and the General Terms and Conditions of Sale (below the « GTCS »),  forming with the present Privacy Policy, the contractual unit binding on Users.

The User is informed that the present Privacy Policy does not cover the practices of other companies and organisations as regards protection of data, which you can access through the Platform services or which advertise our services ; these third parties can use cookies, pixel tags or other technologies to display and propose adverts, collect your data.

Article 1. DEFINITIONS

The terms below and above will have the following definition, whether they are singular or plural :

« Application(s) » : refers to the computer program(s) allowing access to the Platform from a Smartphone or a tablet operating under the iOs and Android operating systems.

« Account » : refers to one of the pages included in the Member’s Personal Space on which are stored the Data provided when he subscribed and that he later updated as the case may be. This account is strictly personal, private, non transferable by the Member.

« Data» : refers to the information provided directly or indirectly by the User ion relation with the use of the Platform, especially during navigation, Subscription and the creation of the Account. The User guarantees to WARI that the information provided is correct and up to date especially as regards his identity, his qualifications, his contact details and that of the Beneficiaries.

« Personal Data » : refers to any information relating to a private person either identified or who can be identified, directly or indirectly, by referring to an identification number or one or several particular elements. Are also included in the personal Data the data relating to the Platform Users and to the Beneficiaries allowing their Identification.

« Reserved Space » : refers to the page(s) stored on the Platform reserved to Members and accessible to Members via the Website and/or the Application by way of his username and password. This space includes the Account of the Member concerned as well as all information relating to the Services to which the Member has subscribed, especially relating to his identity, the history of his operations, the Data stored by third parties, etc., allowing him to access the Services and to use them within the conditions and limits provided by the applicable law and by the applicable GTCS. 

« Public Space » : refers to the pages stored on the Platform freely accessible to any User (including the non-Member Users).

« Registration » : refers to the submission process for the creation of an Account by a User on the Platform in view of benefiting from all or part of the Services within the conditions and limits provided by the applicable GTCS.

« Member » : refers to any moral or private person who wishing to benefit from the Services, has created an Account. The Member who is a private person admits being aged eighteen (18) or more and being of age according to his country’s legislation. Wari reserves the right to ask the Member at any time for any document allowing to prove the latter’s declarations, especially as regards the required age or the legal capacity to engage the company represented, according to the case.

« Platform » : refers to the solution named « Wari » accessible via the Website, or via the Application. The Platform, composed of the Public Space and the Reserved Space, provides Members with an interface allowing the provision of Services according to the applicable GTCS.

«Applicable Regulation » : refers to the set of existing or future regulations and standards applicable to the Users or to the Platform, such as legislation and regulations relating to :

financial flows, the fight against money laundering and terrorist financing ;

the protection of personal Data, including the Computer Technology and Freedom Regulations.

« Services » : refers to the set of provisions proposed by Wari to the Members via the Platform. These Services are described and defined in the GTCS.

« Website » : refers to the Website accessible from the address, which includes the Platform.

«Terminal» : refers to the different media through which the Platform can be accessed. The Terminals can be Smartphones, tablets, computers via internet (PC or Apple) and any object connected/connectable to another object as well as to the Web.

« User » : refers to any private person accessing the Platform, indiscriminately, including the  Members and non-registered visitors. 

 

Article 2. MODALITIES OF COLLECTION AND PERSONAL DATA CONCERNED

The personal Data are collected notably as follows :

  • directly from the Users :

- via the contact form for any User ;

- regarding Members :

           - when they register and are asked to send proofs of identity and/or residence ;

           - when using some of the Services.

  • Indirectly via the Users’ Terminal :

- when using or navigating on the Platform ;

- concerning the Members :

      - when they log in and use the Services ;

      - when Members are geolocalised while using Services.

  • Indirectly via applications from third parties present on the Terminal :

- concerning the Members :

      - when using some of the functions of the Services.

Collecting some personal Data is compulsory to provide the Services to the User.

Failing to complete the required fields when registering and those identified by an asterisk (*), the User could be refused access to the Platform, to all or part of the Services and functions of the Platform and his requests may not be taken into account.

The other fields are optional and their aim is to improve the quality of the service(s) proposed to the Users by the Platform. 

 

Article 3. PURPOSES OF THE PROCESSING OF PERSONAL DATA

The processing of personal Data by WARI through the Platform has the following purposes listed below (below the « Purposes »).

By using the Mywari application (Iphone / Android), the user accepts that Wari retrieves the user's Contacts list for commercial purposes.

3.1 Concerning the User community

The personal Data of the User community are collected and processed :

  • so as to establish statistics ;
  • as part of the processing of requests for access, rectification and opposition/deletion so as to allow the management and processing of the requests for access, rectification and opposition/deletion by the User as a person concerned by the personal Data.

3.2 Concerning the Data of Users accessing the Public Space 

The personal Data of Users visiting the Public Space are collected and processed for the following Purposes :

  • manage and allow access to the Platform ;
  • manage the answers to the Users using the contact form to ask us a request/question and communicate information linked with their requests ;
  • administrate the navigation on the Platform.

3.3 Concerning the Data of Members

The personal Data of Members are collected and processed for the following Purposes :

  • management, processing and verification of Registrations ;
  • identification, information and tracking of the Member’s navigation on the Platform ;
  • management of access to the Reserved Space by the Member and his use of the Services ;
  • access, provision, security and management of the Services as well as their improvement, adaptation and evolution ;
  • sending commercial prospection to the Member ;
  • proposing contents adapted to the Member, such as Services and solutions relevant to his activity on the Platform ;
  • display of name, profile picture and actions performed on the Platform or on third party applications connected to the Member’s Account (such as attributed +1, shared views or comments posted by the Member) within the Platform and concerning the diffusion of commercial ads or in other commercial contexts ;
  • cross-checking the personal Data provided through different Services, for example to facilitate the Member sharing information with persons he knows. Cross-checking information from cookies with information allowing to identify the Member is only possible with his explicit agreement.

3.4 Concerning the Data of the Beneficiaries

The personal Data of the Beneficiaries are collected and processed for the following Purposes :

  • provision, security and management of the Services as well as their improvement, adaptation and evolution ;
  • sending commercial prospection to the Beneficiary ;
  • display of names and actions performed on the Platform concerning the diffusion of commercial ads or in other commercial contexts ;
  • cross-checking the personal Data provided through different Services.

 

Article 4. LENGTH OF DATA STORAGE

The collected personal Data are stored for the period necessary to the implementation of the Purposes and respecting the applicable prescription limitations.

Thus, the Data :

  • of Users’ identity : 

- are stored for the duration of the contractual relation for the Registration, namely the duration of use of the Platform and of the Member’s Account ;

- are stored for one (1) year at most as regards the contact forms  

  • of Beneficiaries’ identity : for the duration of use of the Platform and of the Member’s Account by the Member who provided these Data ;
  • of geolocalisation : for one (1) year at most starting at the date of the request of the relevant service ;
  • bank and financial : for the length of time necessary to the execution of the Service and to the applicable legal prescriptions ;
  • of connection : are stored for the legal duration of one (1) year at most starting at the date of the relevant connection.

The collected personal Data are deleted following one of the following events and respecting the applicable legal prescriptions and other contractual or legal obligations of conservation particularly for probationary purposes :

  • expiry date of storage period ;
  • exercise of the right to deletion by a User in accordance with the Computer Technology and Freedom Regulations, following the modalities specified in the article « User Rights » of the present Privacy Policy ;
  • cessation of availability of the Platform by WARI for whatever reason.

In case Wari were to take part in an operation of fusion, acquisition or any other form of asset disposal, Wari commits itself to guaranteeing the confidentiality of the Users’ personal Data and to inform them before they are transferred or submitted to new confidentiality rules. 

 

Article 5. RECIPIENTS

The personal Data collected by WARI could be transmitted particularly to the WARI Group, to partners such as trading partners (publishers, advertisers or linked sites) and financial partners (particularly banks) (below the « Partners »), third party providers and particularly client support and technical providers (below the « Providers »), so as to ensure :

  • the operation of the Platform, the provision of Services and the achievement of Purposes ;
  • the performances aiming at the achievement of these Purposes ;
  • the verification, validation and authentication of Data and information provided by Users (particularly their identity and bank Data) ; 
  • the security of transactions, so as to detect, avoid or process fraudulent activities, breaches of security or any technical problem, particularly to apply the security standards regarding Data in the payment card industry (« PCI DSS ») ;
  • the sending of emails for prospecting or inviting to register or complete a registration or any other information email to the Users.

The organisations, representatives of the law and members of the legal profession will also be allowed access to some personal Data in accordance with the terms of their mission.

WARI could show the profile Data of a Member which are available to the public (such as name, picture or Wari internal identification number) to other Members if they already have his e-mail address or any other data allowing to identify him.

WARI may share publicly as well as with its partners some information not allowing to identify the User personally (for example some information relating to the trends in use of the Services). 

 

Article 6. CROSS-BORDER FLOWS OF PERSONAL DATA

Wari processes the personal Data on servers located in many different countries throughout the world, some being outside the country of residence of the User.

As part of the use of the Platform and so as to achieve the Purposes, the User acknowledges that his personal Data may be transferred to many different countries throughout the world :

  • for the needs of the Purposes mentioned above ;
  • to Wari’s subcontractors, Partners and Providers as part of the Services.

 

 

Article 7. MANAGEMENT OF LOCALISATION

The User is informed as part of the use of the Platform and particularly the Application that a geolocalisation device is provided so as to localise him :

  • when using the Services, to know in which country he is ;
  • to allow the localisation of financial Partners empowered by WARI nearest to the User.

The User retains control of the activation or not of geolocalisation : for this purpose, the User is informed that if he no longer wishes to be geolocalised, he can either deactivate his Terminal’s localisation system, or shut down the Application.

The User is informed that some functions of the Platform and several Services cannot be used if the User refuses geolocalisation. As a matter of fact, geolocalisation of the User is particularly essential to the calculation of Service fees as they are defined in the GTCS which may vary from one country to the other. 

Article 8. ACCURACY OF DATA

The User declares himself perfectly informed of the importance of accuracy of personal Data concerning him that he gives through the Platform.

Therefore the User commits himself to giving only accurate personal Data when he registers, and for the duration of use of the Platform in updating them immediately if one or several of these personal Data happened to change during the said duration of use of the Platform.

For this reason the Users can make a request of access, rectification or total or part deletion as provided in the article « User rights » of the present Privacy Policy.  

 

Article 9. USER RIGHTS

In conformity with the Computer Technology and Freedom Regulations, the Users have a right of access to and rectification of their personal Data processed by Wari. Thanks to the Account settings, a Member can consult and modify his preferences relating to personal Data.

Besides, every User has a right to oppose the processing of his personal Data for legitimate reasons (except prospection which the User may oppose without legitimate reasons).

These rights may be exercised by any User by sending an e-mail specifying the request and enclosing a proof of identity to the following address : serviceclient@remove-this.wari.com

Wari reserves the right to refuse any unreasonable request or excessive by its repetitive or systematic character, any request demanding disproportionate technical efforts (for example, the development of a new system or a major modification to an existing procedure) or endangering the confidentiality of third party Data. 

 

Article 10. COOKIES

Navigation on the Platform may lead to the installation of cookies on the User’s Terminal. A cookie is a file installed on the User’s Terminal which records information relating to the navigation on a Website or on a Platform. The information obtained aims at a better ulterior navigation on the Website or a Platform and to allow different measures of attendance.

The setting of the navigation program allows to inform of the presence of cookies and to refuse it, particularly in the case of tracking cookies. 

Some functions of the Platform may not be available if the User refuses the installation of cookies. 

The Users have a right of access, rectification and opposition on their personal Data that may have been communicated through cookies in the conditions provided above in the article « User rights ». 

 

Article 11. LOG FILES AND LOCAL STORAGE

WARI collects automatically and stores several personal Data in log files during the use of the Services (Data on use of the Platform). These Data can be combined with other Data so as to improve the Services and the functions of the Platform. These Data are :

  • the way the Service concerned is used, such as the research requests ;
  • Data relating to telephone communications, such as the telephone number, the caller’s number, the transfer numbers, the time and date of the calls, their length, the SMS routing Data and the types of calls ;
  • the IP address of the Terminal ;
  • Data relating to events linked to the Terminal, such as bugs, system activity, hardware settings, type and language of the navigator, date and time of the request and URL of origin ;
  • cookies allowing to identify the Terminal or the Account.

Wari also stores personal Data on the Terminal, with such mechanisms as storage on the Web navigator (including HTML 5) and the caches of application data. 

 

Article 12. RSS FEEDS

WARI proposes to the Users to subscribe to RSS feeds allowing them to be kept informed of articles published on the Platform. 

The feed will update automatically or manually on the Users’ web navigator or mail program according to the subscription options they choose.

The Users can unsubscribe at any time from the RSS feeds by deleting them from their navigator and/or their mail program. 

 

Article 13. PERSONAL DATA SAFETY

WARI endeavours to ensure the confidentiality and safety of User Data against any unauthorised access or modification, disclosure or destruction of detained Data by implementing reasonable technical and organisational security measures.

Particularly, Wari :

  • ciphers most of its Services with the SSL technology, particularly concerning the bank Data ;
  • proposes a two-step validation when the Member accesses his Account and a secured navigation function ;
  • leads internal audits on the collecting, storing and processing of Data, including physical security measures, so as to prevent any unauthorised access to its systems ;
  • reserves access to personal Data only to the WARI employees, subcontractors and agents who need to access them in the context of the Purposes mentioned above. These persons are subject to strict obligations of confidentiality and are liable to be subject to disciplinary sanctions, including dismissal, in case of a failure to meet these obligations.

 

 

Article 14. RESPONSIBILITY

It is up to the User to respect strictly the terms of the present Privacy Policy and of the TS when using the Platform, and the User commits himself to it. Thus, the User particularly commits himself to keep strictly confidential his username and password allowing him to access his Account and the Reserved Space. 

WARI could not be held responsible for the consequences linked to one or several of the following cases :

  • (i) Erroneous, incomplete or dated Data ;
  • (ii) use of the User’s identification Data by a third party made possible by whatever means including the User’s negligence ;
  • (iii) non-respect by the User of his obligations respecting the Applicable Regulations, the present Privacy Policy, the TS and/or any other applicable contractual document.

The User will bear the costs of any pecuniary sanction which could be imposed on Wari, particularly by any decision emanating from an administrative or judicial jurisdiction, or imposed by an independent administrative authority such as an authority of protection of personal Data, following a failure of the User to respect his obligations respecting the present Privacy Policy. 

Besides, Wari cannot be held responsible for the processing (nor of the consequences linked to this processing) made by third parties, particularly the Providers and the Partners, even if they collect personal Data via the Platform.  

 

Article 15. MODIFICATIONS OF THE PRIVACY POLICY

The Privacy Policy may be subject to updates by WARI without notice. The former Privacy Policy will then be cancelled automatically and replaced by the new version which will be immediately binding to any User. The date of the last update is written at the top of the present Privacy Policy. 

To be kept informed of these possible modifications and updates, it is recommended to the Users to consult regularly the Privacy Policy. Information on updates can be given by Wari, without it being an obligation, by way of a message on the Platform.   

 

Article 16. INTEGRALITY

In the case of one of the clauses of the present Privacy Policy being invalid following a change of legislation, of Applicable Regulations or a court decision, this would in no way affect the validity and respect of the other clauses of the Privacy Policy.  

 

Article 17. APPLICABLE LAW AND COMPETENT TRIBUNALS

The present Privacy Policy and the documents to which it refers are governed by French law. 

In case of a dispute, the User commits himself to first contact Wari so as to try and find an amicable agreement to any dispute that may arise concerning the Privacy Policy.

IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, THE INTERPRETATION, THE EXECUTION OR THE BREACH OF PRIVACY POLICY, EVEN IN CASE OF SEVERAL DEFENDANTS, WILL BE SUBMITTED :

  • IN THE EVENT OF A DISPUTE WITH A MERCHANT, TO THE PARIS COMMERCIAL COURT ;
  • IN THE EVENT OF A DISPUTE WITH A NON COMMERCIAL PERSON, TO THE COMPETENT FRENCH  TRIBUNAL.