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Privacy Policy

Privacy Policy

Effective Date: 20th July, 2026
Product: SmartwaysPOS

This Privacy Policy explains how the Company ("Company," "we," "our," or "us") collects, uses, shares, and protects information in connection with SmartwaysPOS ("Software" or "Service"), a cloud-based point-of-sale platform. It should be read together with our Terms and Conditions of Use.

By registering for, accessing, or using SmartwaysPOS, you agree to the collection and use of information as described in this Policy.

1. Who This Policy Covers

This Policy applies in two ways, depending on who you are:

  • Business Customers — the shops, retailers, and other businesses ("you," "Business Customer") that register for and use SmartwaysPOS to run their operations. For your own account, staff, and business data, the Company is the data controller and this Policy describes our practices directly.
  • End Customers — the individual shoppers your business serves, whose details (e.g. name, phone number, purchase history) you record in SmartwaysPOS while making sales. For this data, your business is the data controller and the Company acts only as a data processor on your instructions — see Section 5.

2. Information We Collect

Account and business information: business name, owner and staff names, email addresses, phone numbers, login credentials, staff roles and permissions, and location details you provide when setting up SmartwaysPOS.

Transaction and operational data: products, stock levels, sales, refunds, purchase orders, credit accounts, and related records created through your use of the Software.

End customer data: names, phone numbers, email addresses, purchase history, and loyalty information that your business enters or that your customers provide during a sale (e.g. for a receipt or loyalty program).

Payment information: subscription payments and in-store mobile money/card payments are processed through our payment partner, Hubtel — we do not directly store full card numbers or mobile money PINs.

Technical data: IP address, device and browser information, and activity/log data (e.g. sign-ins, actions taken in the app) used for security, troubleshooting, and audit purposes.

Support communications: information you provide when contacting us for help.

3. How We Use Information

We use information to:

  • Provide, operate, and maintain SmartwaysPOS.
  • Process subscription payments and manage your account.
  • Send transactional communications, such as receipts, SMS notifications, and service updates.
  • Provide customer support and respond to inquiries.
  • Detect, investigate, and prevent fraud, unauthorized access, and misuse.
  • Improve and develop the Software, including AI-assisted features (see Section 8).
  • Comply with legal and regulatory obligations.

4. Sharing of Information

We do not sell your information. We share information only as necessary with:

  • Payment processors (Hubtel) to process subscription and in-store payments.
  • SMS and communications providers (including Hubtel and SMS Online GH) to deliver receipts, notifications, and marketing messages you choose to send.
  • AI service providers that power optional AI features within the Software, on the terms described in Section 8.
  • Cloud hosting and infrastructure providers that store and run the Software.
  • Professional advisers and authorities, where required to comply with the law, enforce our Terms, or protect the rights, property, or safety of the Company, our customers, or others.
  • A successor entity, in the event of a merger, acquisition, or sale of assets, subject to the same protections described here.

5. Data of End Customers

Where your business records information about your own customers in SmartwaysPOS, you act as the data controller for that information and are responsible for having a lawful basis to collect and use it (for example, informing your customers how their data is used and obtaining consent for marketing where required).

The Company processes End Customer data only as needed to provide the Software to you, and in accordance with your instructions, this Policy, and applicable law. Requests from an End Customer about their own data should be directed to the Business Customer they transacted with; we will support Business Customers in fulfilling such requests where the data is held in SmartwaysPOS.

6. Data Security

Each Business Customer's data is logically separated from every other business using SmartwaysPOS. We use industry-standard measures to protect information, including encrypted connections (HTTPS) for all access to the Software, encryption of particularly sensitive stored values, and access controls limiting who can view your data.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for keeping your own login credentials confidential.

7. Data Retention

We retain information for as long as your account is active and as necessary to provide the Software, comply with our legal obligations, resolve disputes, and enforce our agreements. If your account is closed, we may retain certain records for a reasonable period afterward as required by law or for legitimate business purposes (such as accounting records), after which it is deleted or anonymized.

8. AI-Assisted Features

SmartwaysPOS may offer optional AI-assisted features, such as business insights and analysis tools. Where you use these features, relevant data (such as sales or inventory summaries) may be sent to third-party AI service providers to generate the requested output. We do not knowingly send full customer payment details to AI providers. Use of AI features is optional and, where applicable, can be avoided by not using those specific tools.

9. Your Rights and Choices

Depending on applicable law, including Ghana's Data Protection Act, 2012 (Act 843), you may have rights to access, correct, or request deletion of your personal information, and to object to or restrict certain processing.

  • Access and export: Business Customers can download a copy of their business data at any time from Settings → Data Export within the app.
  • Correction: you can update most account and business information directly within the app's settings.
  • Deletion: you may request deletion of your account and associated data by contacting us. We will process such requests in accordance with applicable law, subject to any records we are required to retain.

To exercise these rights, contact us using the details in Section 13.

10. Cookies and Similar Technologies

SmartwaysPOS uses cookies and similar technologies (such as authentication tokens) that are strictly necessary to keep you signed in, maintain your session, and keep the Software secure. We do not use these technologies for third-party advertising.

11. International Data Transfers

Some of our service providers (including payment, SMS, and AI providers) may process data outside Ghana. Where this happens, we take reasonable steps to ensure information continues to be protected consistently with this Policy.

12. Children's Privacy

SmartwaysPOS is intended for business use and is not directed at children. We do not knowingly collect personal information from children through the Software.

13. Contact Us

If you have questions about this Privacy Policy or wish to exercise your data rights, please contact us through the support channel provided in the app or on our website.

14. Changes to This Policy

We may update this Privacy Policy from time to time. Updated versions will become effective upon publication or notification to Business Customers. Continued use of SmartwaysPOS after such changes constitutes acceptance of the revised Policy.

15. Governing Law

This Policy is governed by and interpreted in accordance with the laws of the Republic of Ghana, including the Data Protection Act, 2012 (Act 843), and any dispute arising from it shall be subject to the exclusive jurisdiction of the competent courts located in Accra, Ghana.

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