Privacy Policy

Privacy Policy

This Privacy Policy (Policy) applies to the Users of Pathao Pay, the mobile wallet service of Digital Payments Limited (DPL) (hereinafter the 'the Company' or 'Pathao Pay' or 'We' or 'Us'), a licensed Payment Service Provider (PSP) that provides digital e-wallet services (hereinafter the 'Services' or 'Pathao Pay Services') to its customers and merchants ('Users') through its mobile application ('Pathao Pay App' or 'App') and website platform (together be referred to as the 'Platform'). Please see here the Terms and Conditions of Pathao Pay, which may contain additional terms regarding privacy and our use of business information.

Unless otherwise indicated or the context requires otherwise, reference to "you" or "your" are intended to refer to a User, and reference to "Pathao Pay", "we", "us" or "our" in this Policy include Digital Payments Limited (the Company) and its Affiliates and Subsidiary Companies

For being registered with Pathao Pay, creating a User Account, and availing Pathao Pay Services, Users shall be required to accept through clicking in-app acceptance button, this Privacy Policy along with all other relevant Pathao Pay Terms available at https://pathaopay.com/terms-and-conditions and any amendments, addendums, and alterations thereto, and such online acceptance shall constitute a legally binding agreement between the Company and the User.

The User explicitly and unambiguously consents to the collection, storage, use, and transfer, in electronic or other forms, of their personal information as collected during the Registration Process or at any subsequent stages of the Service for the exclusive purpose of the smooth completion of the Service required by them.

In connection with the collection, storage, transfer, and use of their personally identifiable information, the Company complies with all applicable laws relating to data privacy in Bangladesh along with its Privacy Policy available at https://pathaopay.com/privacy-policy. The Company has commercially reasonable physical, technical, organizational, and administrative security measures and policies in place to protect all personal information collected by it or on its behalf from and against unauthorized access, use, and/or disclosure and is committed to full compliance with the provisions of the personal data protection laws of Bangladesh.

The User agrees and consents to the Company collecting, using, disclosing and processing its Personal Information/Data for the purposes and in the manner as identified hereunder.

1. What Personal Information We Collect

We collect and use personal information from and about you, including when you interact with us, register for or open a Pathao Pay User Wallet Account, conduct any financial transactions using Pathao Pay, or otherwise visit or use Pathao Pay Wallet Services. The personal information that we collect includes:

  1. Registration Information: your basic personal details including first and last name, date of birth, NID, other registration details and contact information including your address, phone number, email, or other information that permits us to contact you;

  2. Financial Information: including bank/wallet account details, transaction data, credit/debit card numbers and cardholder names, expiration dates and bank statements;

  3. Payment Transaction details: including name, account number, contact information and/or other information relating to you or another recipient of a payment, remittance or fund transfer;

  4. Technical Information including any information obtained from the device you use to interact with us that includes IP address, geographical location, device identification codes and other features/data that can be used to identify a device;

  5. Information from your visits to our websites or mobile app: including browser/platform type and version, internet service provider, operating system, referral source/exit pages, length of visit/usage, page views and any search term you use, device logs in the event of a crash or error report;

  6. Cookies: When you access Pathao Pay through a browser, we send one or more cookies - a small file containing a string of characters - to your computer to uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you will not be able to access certain features of Pathao Pay if your cookies are disabled.

2. How Do We Collect Your Personal Information

We collect personal information about you in connection with the Pathao Pay Services. For example, we collect your personal information when you browse our website, register as a User of Pathao Pay Wallet, log into your User account to avail our Services; or when you participate in one of our loyalty or promotional events, or when you communicate with us by phone, e-mail, web-chat or otherwise, etc.

We may also receive personal information about you from other sources, including:

  • DPL Affiliates or Subsidiary Companies and other third party suppliers or merchants providing services on our behalf;
  • Any other merchants from which you buy goods or services using Pathao Pay Services;
  • Banks and other payment institutions that we cooperate with to provide you with the Pathao Pay Services;
  • Credit reference and fraud prevention agencies;
  • Any other third Parties where you consented to share/transfer information with and
  • Publicly available sources.

When we collect information from various sources, we combine them based on the information you have provided to us. In the event of any mismatch between the data, the information you have provided shall prevail and you will be held responsible for any misinformation or false information submitted.

3. How and Why Do We Use Your Personal Information

We use the personal information we collect to operate our business, including provision of the Pathao Pay Services. We may use your personal information for the following purposes:

  1. verifying your identity, including during account creation and payment password reset processes;
  2. verifying your eligibility as a User of the Pathao Pay Wallet (including anti-money laundering and counter-terrorist financing checks and verification);
  3. processing, maintaining and managing your registration as a User of the Pathao Pay Wallet;
  4. providing you with Pathao Pay Services and other related services, including operating the Wallet Services and enabling transactions, customizing your user experience, facilitating the payments, fund transfers, refunds, sending notices about transactions, and responding to your queries, feedback, claims or disputes;
  5. contacting you in relation to our provision of Pathao Pay Wallet Services and other legal purposes, contacting you in connection with any communication preferences or requests you have expressed, asking you for feedback about Pathao Pay Wallet Services or other related services;
  6. collecting feedback from you and your staff (if you are a merchant) about our Services and using such feedback to improve our business and/or customize services for you;
  7. sending you direct marketing or other information about Services offered by us, other DPL Affiliates, our business partners or other third parties; including for promotional purposes;
  8. managing risk, performing creditworthiness and solvency checks, or assessing, detecting, investigating, preventing or remediating fraud, data breaches or other potentially prohibited or illegal activities and otherwise protecting the integrity of our payment system;
  9. detecting, investigating, preventing or remediating violations of your agreements with us or any merchant or any applicable policy, industry standards, guidelines, regulations and laws of the country and our policies;
  10. making disclosures as may be required by any law or regulation or by any government bodies. Disclosures may also be made pursuant to court order or other legal process or requirement applicable to us or any Pathao Pay Affiliates (including anti-money laundering and counter-terrorist financing reporting requirements or other commercial disputes);
  11. making disclosures to third parties including relevant regulators to prevent any harm or financial loss, to report suspected illegal activity or to establish, exercise or defend claims or potential claims on behalf of ourselves or any Pathao Pay Affiliate company; or to enable any due diligence and other appraisals or evaluations for any actual or proposed merger, acquisition, financing transaction or joint venture;
  12. conducting research and analysis, or otherwise using data to improve, optimize and expand the product functions of the Pathao Pay Wallet Services, if applicable, to develop related services;
  13. managing our business including to protect Users, prevent harm, fraud or theft to ourselves and others, maintain the security of our services, and protect our intellectual property rights and those of others; and
  14. otherwise for everyday business purposes, to comply with law, or in other ways for which we provide specific notice at the time of collection.

4. With Whom We Share Your Personal Information

  1. We are committed to not sell or rent your personal information to companies or individuals outside of Pathao Pay for any undue gains or benefits. If you are availing any service or making a purchase through Pathao Pay, we may share required portions of your personal information with the retailer to identify the transaction, but we will not share your full information with the retailer without your opt-in consent, except in the limited circumstances described below. In addition, we will only share your personal information with other companies or individuals outside Pathao Pay as permitted by this Policy and in the following circumstances.

  2. We share your personal information to operate and manage our business, including for the purposes indicated hereunder:

    • merchants to whom payments are made using the Pathao Pay Wallet;
    • companies in the Pathao Pay Affiliates providing services on our behalf;
    • third parties including any agent, contractor or third party service provider that we work with in providing Pathao Pay Wallet Services. For example, we work with third parties to help us with fraud prevention, anti-money laundering checks, credit checking, bill collection, data entry, database management, promotions, marketing, customer service, technology services and services alerts, payment settlement and processing and payment extension services;
    • entities with whom Pathao Pay maintain commercial arrangements, including online and offline merchants and Pathao Pay Affiliates;
    • banks, card associations, payment networks or acquiring institutions, and others, including those involved in processing of payments and conducting of transactions through Pathao Pay Wallet Services;
    • law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which Pathao Pay, or any Pathao Pay Affiliate company or third party service provider is under an obligation to make disclosure under the requirements of any applicable law, regulation or commercial arrangement and who can help us to detect, prevent or otherwise address fraud, security or technical issues
    • individuals and entities involved in any merger, acquisition, corporate reorganization or financing, or similar transaction with us, including in the event of the sale of all or part of our assets; and
    • our own and others' professional advisors (e.g., lawyers, accountants, auditors and trustees).

  3. We have obtained your consent for sharing of any sensitive personal information (e.g. bank account or card details, or any other personal data), except as otherwise described in this section:

    • If you are using a credit card issued by the merchant from whom you are making a purchase through the Processing Service (i.e., a 'private label credit card'), that merchant will receive your entire credit card number in association with your purchase.
    • If you make purchases on participating merchant websites from your smartphone using the Mobile Wallet, that merchant will receive your entire card number in association with your purchase.
    • We may share aggregated non-personally identifiable information with third parties. For example, we may disclose the overall usage of Pathao Pay in a particular geographic area or that a certain percentage of users use a particular type of credit or debit card. However, if we do share this aggregated information, we do not include personally identifiable information without your explicit opt-in consent or in the limited circumstances described above.
    • We provide such information to our Affiliates companies or other businesses or entities for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
    • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues or (d) protect against imminent harm to the rights, property, security or safety of Pathao App, its users or the public as required or permitted by law.

  4. When you shop at a seller using Pathao Pay for the first time and complete an order, you'll be given a choice whether you'd like to receive promotional emails from the seller. If you decide later that you don't want to receive promotional emails from a seller, you will need to contact the seller directly to opt out.

  5. If Pathao Pay or its Affiliates or subsidiary companies become involved in a merger, acquisition or any form of sale of some or all of their assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

5. How Do We Store, Retain and Protect Your Personal Information

  1. We will retain your personal information in accordance with our policies and for as long as it is necessary to provide you with the Pathao Pay Wallet Services or other purposes as set out in this Policy. In addition, we may retain your personal information for a longer period (in some cases, up to 06 (six) years after the closure of the User Account or minimum 12 (twelve) years in some other cases) as per requirements of the laws and regulations applicable to us including but not limited to the Payment and Settlement Act, 2024, Companies Act, 1994; Information and Communication Technology Act 2006; Money Laundering Prevention Act 2012; Cyber Security Act 2023; Digital Commerce Operation Guidelines 2021; Bangladesh Bank Guideline on ICT Security Version 4.0, 2023; Bangladesh Bank Guidelines on Electronic Know Your Customer (e-KYC), 2019.

  2. We use a variety of security measures, programs and technologies designed to help protect your personal information from unauthorized access, use, disclosure, alteration or destruction consistent with applicable data protection and privacy laws and regulations applicable in Bangladesh. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical and technical security measures from unauthorized access, use, disclosure, alteration or destruction consistent with applicable data protection and privacy laws and regulations. For example, your credit card number will always be stored in an encrypted form.

  3. The security of your Pathao Pay User Wallet Account also depends on keeping your account password confidential, and you should not share your account name or password with anyone. Our staff will never ask you for your password in unsolicited communications, whether by phone, email or any other method. If you share a device with others, you should not choose to save your log-in information for the Pathao Pay Wallet (e.g., user ID and password) on that shared device to prevent unauthorized access.

  4. This Privacy Policy does not apply to any information, arising from a Third Party Provider Wallet Service, that is stored on your Pathao Pay App, as that information is outside of the Pathao Pay-controlled data centers. It is your responsibility to control access to your mobile device and the Pathao Pay App on your device, including keeping your PIN confidential and not sharing it with anyone. It is your responsibility to alert Pathao Pay if you believe that the security of the information in the Pathao Pay App has been compromised.

6. Personal Information about Children

Our service is not directed towards children under 18 (eighteen) years old nor does Pathao Pay knowingly collect information from children under 18 (eighteen). If you are under 18 (eighteen), please do not use Pathao Pay Wallet Services or submit any personal information to us.

7. ACCOUNT AND DATA DELETION POLICY

  1. Pathao Pay Users can opt for Account and Data deletion by sending an email request to the designated Pathao Pay support email address ([email protected]) from their registered email or mobile number associated with the account. The email must include the User's Registered Mobile Number, a scanned copy of their National ID (NID) Card or an equivalent verification document (such as a Trade License for merchants), and the reason for account deletion.

  2. Upon receipt of a valid Account Deletion request, Pathao Pay will initiate the deletion process of the User Account and associated data, except where retention is necessary for purposes of safety, security, fraud prevention, or compliance with legal and regulatory obligations.

  3. Once deleted, Pathao Pay generally deletes relevant User data within 30 (thirty) days of receiving an approved account deletion request, except where longer retention is required as per this Policy.

  4. Pathao Pay may store, back up, or retain User data for up to 06 (six) years following account deletion, or up to 12 (twelve) years in specific circumstances, in compliance with applicable laws and regulations, including but not limited to: the Payment and Settlement System Act, 2024, Companies Act, 1994; Information and Communication Technology Act, 2006; Money Laundering Prevention Act, 2012; Cyber Security Act, 2023; Digital Commerce Operation Guidelines, 2021; Bangladesh Bank Guideline on ICT Security Version 4.0, 2023; and Bangladesh Bank Guidelines on Electronic Know Your Customer (e-KYC), 2019.

  5. Users shall not be allowed to delete their Account, or Account Deletion requests shall not be accepted, under the following conditions:

    1. There is any remaining balance in the Account (including fractional amounts).
    2. There are unsettled loans, dues, or active subscriptions associated with the Account.
    3. The Account is currently under suspension, investigation, or remedial measures.

8. Third-Party Service and Sites

We may provide links to our Affiliates or Subsidiary companies, or other websites, apps and services (including other online merchant sites) for your convenience and information. These services, apps and websites may operate independently from us. Linked services, apps and websites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for these websites', apps' or services' content, any use of these services, apps or websites by you, or the privacy practices of these services, apps or websites.

9. Legal Basis for Using Your Personal Information

We use your personal information on the following bases:

  • For the performance of Pathao Pay Terms and Conditions or other contracts to which you are a party.
  • To comply with legal and regulatory obligations.
  • For legitimate business purposes (e.g.,fraud detection, customer support or service improvement).
  • Using your personal information helps us to operate and improve our business and minimize any disruption to the Pathao Pay Wallet Services that we offer to you. It also allows us to make our communications with you more relevant and personalized and to make your experience of our services efficient and effective.
  • In cases in which we wish to use your data for our legitimate business purposes and regulatory compliances, we carefully consider the position and do not go ahead if we think your interests or fundamental rights and freedoms relating to your personal information would be prejudiced.

10. Your Rights to Protect Your Personal Information

In accordance with applicable data protection and privacy laws and regulations, you may be entitled to:

  • ask us about the processing of your personal information, including to be provided with a copy of your personal information;
  • request the correction and/or (in some cases) deletion of your account-related personal information;
  • in some cases, request the restriction of the processing of your account-related personal information, or object to that processing;
  • withdraw your consent to the processing of your account-related personal information (where Pathao Pay is processing your account-related personal information based on your consent);
  • request receipt or transmission to another organization, in a machine-readable form, of the personal information that you have provided to Pathao Pay where we are using your personal information based on consent or performance of a contract; and
  • complain to the relevant supervisory authority if your privacy rights are violated, or if you have suffered as a result of unlawful processing of your account-related personal information.

Where you are given the option to share your account-related personal information with us, you can always choose not to do so. If we have requested your consent to processing and you later choose to withdraw it, we will respect that choice.

However, certain features of Pathao Pay App require certain personal information without which we may not be able to offer our services to the full extent possible. Please bear in mind, we will only ask for certain personal information required to connect you with our platform for you to securely, effectively and efficiently use our services and to enhance your experience with us.

If you would like to exercise your rights, please contact us using the details set out in the 'Contact Us' section below.

11. Data Subject to Bangladesh Law

Pathao Pay is located at Dhaka, Bangladesh and operates its services from there. Depending on where you live, the information that you provide and Pathao Pay collects may be stored on servers that are outside of your state, province, country or other governmental jurisdiction, and the privacy laws that apply may not be as protective as those in your home jurisdiction. If you are located outside Bangladesh and choose to provide information to us, Bangladesh transfers personal information to other countries and processes it there. By using this website, you consent to this transfer and processing of data.

12. Changes to this Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including notification in your account interface or email notification, by publishing announcements on our website).

13. Contact Us

If you have questions or requests about the privacy issues relating to the processing of your personal information, you can contact us by email at [email protected] or at our business address: Genetic Baro Bhuiyan (7th floor), Road 49, Kemal Ataturk Avenue, Gulshan 2, as required under applicable laws in Bangladesh, please note that we may take steps to ask you to provide further information to verify your identity before granting you access to information or acting on your request to exercise your rights.