Privacy Notice

This Privacy Notice applies to You. It includes but not limited to what data we collect about You, what we do with it, when and why we share it with others, how long we keep it, how we secure it, what data is collected about You by third party service providers (and accompanying notices), and what choices You have to control Your data.

By using NEXGO SoftPOS Demo You consent to these data practices.

This Privacy Notice describes how NEXGO GLOBAL LIMITED and our affiliates (collectively, “NEXGO,” “we,” and “us”) collect, use, disclose, transfer, store, retain or otherwise process Your information when You (“You,” “Your”) download NEXGO SoftPOS Demo through a relevant app store and sign up for a NEXGO SoftPOS Demo account and other services through the app .

This Privacy Notice applies to Your use of our Services, and covers only information collected in connection with Your access to and use of our Services. Please read this Privacy Notice carefully. By continuing to interact with our Services, You are consenting to the practices described in this Privacy Notice.

NOTE ： IN THIS DEMO VERSION OF NEXGO SOFTPOS, ALTHOUGH THE DEMONSTRATION CONTENT OF THIS SOFTWARE MAY INDICATE THAT WE WILL COLLECT SOME OF YOUR PERSONAL DATA, HOWEVER, WE DO NOT ACTUALLY COLLECT ANY PERSONAL DATA DURING THE DEMO PHASE, THOSE CONTENT IS FOR DEMONSTRATION PURPOSES ONLY. FOR THE AVOIDANCE OF DOUBT, WE WILL EXPLAIN IT SEPARATELY IN THE CORRESPONDING DATA SECTION BELOW.

1. LICENSE GRANT, RESTRICTIONS, AND RESERVED RIGHTS.
   • (1) Subject to the terms of this Notice, We grant You a limited, non-exclusive, nontransferable, revocable license to download, install and use the NEXGO SoftPOS Demo mobile device software application (“Application”), any patches, updates or supplements to it, and, in order to support Your permitted use of the Application, any related online or electronic documentation (“Documentation”) on an Android mobile device that has been supplied from the manufacturer with Google Play Store installed (“Your Device”) strictly in accordance with this Notice and the Documentation.
   • (2) In consideration of the licenses granted to You in this Notice, You agree that You shall not:
     1. copy the Application, except as expressly permitted by this license;
     2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
     3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
     4. remove, delete, alter, or obscure any trademarks or any copyright, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or,
     5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
   • (3) You acknowledge and agree that:
     1. the Application is provided under license, and not sold, to You;
     2. You do not acquire any ownership interest in the Application under this Notice, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Notice (“Your Right”); and
     3. apart from Your Right, all other proprietary rights in the Application and any Documentation supplied to You in relation to the Application are retained by and are the exclusive property of ours.
2. INFORMATION WE COLLECT FROM YOU.
   • (1) We basically collect the categories of personal information described below. Additionally, You can choose to voluntarily provide information to us:
     1. Information You Provide to Access our Services. We use data You put into our systems when You use NEXGO SoftPOS Demo, like financial information, information that identifies who You are, transaction information, and any other data You voluntarily give us.
     2. Information You Provide for Using our Services. [In this demo version of NEXGO SoftPOS application, we do not collect such information.].
     3. Identification Information. [In this demo version of NEXGO SoftPOS application, we do not collect such information. The merchant IDs, terminal IDs, and authorization code that may be involved are all generated virtually by the test system.]
     4. Financial Information. [In this demo version of NEXGO SoftPOS application, we do not collect such information. Such information collection will be done by third-party applications [NEXGO TAP], please refer to its corresponding Privacy Policy. ]
     5. Transaction Information. When You use our Services to make, accept, or request payments, we collect information such as: when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, and the devices and payment methods used to complete the transactions.
   • (2) We also collect the following categories of information from Your use of our Services:
     1. Your information about the device You’re using. Your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services. We need this data to do things like help protect Your account from hackers, combat fraud, check if payments are being made or received legally and by You, and making our products and services better for You and others.
     2. Geolocation Information. The location of Your device, including Your IP address, device language, and location of Your network provider. This may include precise geolocation information. For more information and to learn how to disable collection of precise geolocation information from Your mobile device, please see below.
3. HOW WE USE YOUR INFORMATION.
   • (1) We may collect, use and share information about You for the following reasons:
     1. providing, maintaining, improving, and developing our Services;
     2. determining whether the Services are available in Your country;
     3. providing You with the NEXGO SoftPOS Demo product and features You choose to use;
     4. displaying Your historical transaction information;
     5. developing new products and services;
     6. delivering the information and support You request through the use of our Services;
     7. improving, personalizing, and facilitating Your use of our Services, content, and applications; and
     8. otherwise providing You with the products and features You choose to use.
   • (2) We put utmost emphasis on protecting our Services and maintaining a trusted environment. For that end, we may collect, use and share information about You for the following reasons:
     1. processing and monitoring payment transactions or money transfers in compliance with our legal obligations, including but not limited to, for fighting fraud, money laundering, terrorism financing, and other illegal activities;
     2. conducting investigations, complying with and enforcing any applicable laws, regulations, legal requirements, and industry standards, and responding to lawful requests for information from the government or to valid legal process;
     3. contacting You to resolve disputes, collect fees and help You with our Services;
     4. debugging to identify and fix errors that impair how our Services function;
     5. making sure You follow our terms of Service or other applicable agreements or policies;
     6. protecting Your, our, or our other customers’ rights or property, or the security or integrity of our Services;
     7. verifying or maintaining the quality and safety of our Services; and
     8. verifying Your identity (e.g., through the merchant IDs, terminal IDs, [which are all generated virtually by the test system in this demo version]).
4. WHEN AND WITH WHOM WE SHARE YOUR INFORMATION.
   • (1) Our Group Companies and Corporate Affiliates. We may share Your information with our group companies and corporate affiliates for the reasons outlined in Section 3 and other applicable parts under this Notice. Additionally, we also may share aggregated and/or anonymized information that will not specifically identify You or any individual user of our Services;
   • (2) Third Parties Service Providers and Institutions. We may share Your information with service providers who help us provide, maintain, and improve our Services and effectuate extra functions offered by these service providers (e.g., extensions or other apps to be used in combination with our Services as an transaction efficiency tool), as well as financial institutions, payment networks, payment card associations, credit bureaus, carrying brokers, and other entities in connection with Your payment, money transfer process, investing activity, or otherwise to help us provide the Services;
   • (3) Subsequent Owner, Co-owner, or Operator of One or More of the Services;
   • (4) Structurally Changed Entities. If we do or try to do a corporate merger, consolidation, or restructuring (including during due diligence and negotiation of these); the sale of substantially all of our stock and/or assets; the financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
   • (5) Law Enforcement Agencies and Other Bodies with Authority. If we believe that disclosure is reasonably necessary:
     1. to comply with any applicable law, regulation, legal process, or governmental request (e.g., from creditors, tax authorities, law enforcement agencies, in response to a garnishment, levy, or lien notice, etc.);
     2. to establish, exercise or defend our legal rights;
     3. to enforce or comply with our Terms of Service or other applicable agreements or policies;
     4. to protect our or our customers’ rights or property, or the security or integrity of our Services;
     5. for an investigation of suspected or actual illegal activity; or
     6. to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.
   • (6) With Others with Your Consent. You may share at Your direction or as described at the time You agree to share, or when You authorize a third party application or website to access Your information.
5. HOW LONG WE KEEP YOUR INFORMATION.We keep Your information as long as You keep using our Services. After that, we keep it for as long as we need it to serve legitimate purposes such as to fight fraud, collect fees You owe, resolve disputes with (or involving) You, follow the law, enforce our agreements, and defend our rights in court, subjected to applicable data laws and regulations.
6. HOW WE SECURE INFORMATION
   • (1) Strong Safeguards. We take reasonable measures, including administrative, technical, procedural, and physical safeguards, to protect Your information from loss, theft, and misuse, and unauthorized access, disclosure, alteration, and destruction.
   • (2) No Warranty. We hold information about You both at our own premises and with the assistance of third-party service providers. While we believe we have strong defenses in place, no one can ever guarantee that hackers won’t be able to break into our sites or steal Your data while it is stored or flowing from You to us or vice versa. You hereby acknowledge and agree that you shall use reasonable care to protect Your own information, and shall not later invoke as a defense from us being unable to fend off ALL risks and/or cyber-attacks.
7. STORAGE AND PROCESSING
   • (1) We operate in many countries, and we (or our service providers) may move Your data and process it outside the country where You live.
   • (2) We may, and we may use third-party service providers to, process and store Your information in the other countries. Authorized employees, representatives, and agents will have access to Your information for the purposes described in this Privacy Notice.
   • (3) We strive to be maximally compliant with applicable data protection laws in the countries that we render Services. For limited purpose of processing, providing, and promoting our Services, we only collect, use, and store Your information to the minimal extent possible.
8. TERMS OF THIRD PARTY SERVICE PROVIDERS (E.G. GOOGLE PLAY STORE) AND INSTITUTIONS ALSO APPLY.The ways in which You can use the Application and Documentation may also be controlled by rules and policies of the third party service providers (e.g. Google Play Store) and other institutions involved in the transaction initiated by or directed to You. Said rules can be found in these other extensions/apps, Google Play Store, and relevant institutional websites. These rules and policies will apply instead of these terms where there are differences between this Notice and the relevant app store rules.
9. SUPPORT. If You wish to learn about the Application or have any problems using it, please contact our team.
10. UPDATES. We may from time to time in our sole discretion automatically update or, enhance functionality, reflect changes to the operating system or address security issues. Such updates may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. When prompted, You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Notice.
11. TERMINATION. If You violate any of the terms of this Notice in a material way, Your rights under this Notice will immediately terminate and we will terminate Your access to the Application, without incurring any liability to You, and reserve our rights to seek damages from You, if any.
12. SUSPENSION. Notwithstanding anything to the contrary contained in this Notice, if there is an emergency security issue, then we may automatically suspend Your use of the Application. Suspension will be to the minimum extent and of the minimum duration required to prevent or terminate the emergency security issue.
13. CHANGES TO THESE TERMS. If the terms of this Notice may change by the single act of us uploading a new version to our website. Where possible, You will be given notice directly or indirectly notifying You of a change when You next start the Application. Your continued use of the Application will indicate Your acceptance of the new Terms. If You do not accept the notified changes, we will stop our Services provided to You accordingly, and please stop using the Application.
14. ASSIGNMENT. We may transfer our rights and obligations under these terms to another organization. We will notify You in writing electronically if this happens and We will ensure that the transfer will not affect Your rights under this Notice.
15. INVALIDITY. Each of the paragraphs of this Notice operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Paragraphs will remain in full force and effect.
16. NO WAIVER. If We delay in enforcing this Notice, we can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaching this contract, that will not be regarded as waiver of any of our rights reserved, and neither that You are excused by acquiescence.
17. GOVERNING LAW. This Notice and any non-contractual obligations arising in connection with it are governed by and construed in accordance with the laws of the People’s Republic China. The Chinese courts have exclusive jurisdiction to determine any dispute arising in connection with this Notice, including disputes relating to any non-contractual obligations.
18. DISCLAIMER OF WARRANTIES. The application is provided to You “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable laws, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, we do not provide any warranty or undertaking, nor make any representation of any kind that the application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations will apply to You to the maximum extent permissible by applicable laws.
19. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable laws, in no event will we have any liability arising from or related to Your use of or inability to use the application or the content and Services for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, technology failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; (b) direct damages in amounts that in the aggregate exceed the amount actually paid by You for the application. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability will apply to You to the maximum extent permissible by applicable laws.
20. HOW TO CONTACT US. If you have any questions, comments, suggestions, or want to exercise your privacy rights, or have any privacy issues for which you need to lodge a privacy complaint, or want to inquire about general data protection, please contact us via Email: sales@xgd.com.