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Privacy Policy and Terms and Conditions

PRIVACY POLICY

Company: Expatman S.A.R.L.U
Effective Date: January 1 , 2023
Version: 2.0

PREAMBLE

Expatman S.A.R.L.U (“Expatman,” “we,” “our”) is committed to protecting the privacy and security of its users’ (“you,” “your”) personal data. This Privacy Policy transparently describes our practices regarding the collection, use, retention, sharing, and protection of your Personal Data in connection with your use of our web and mobile platform accessible at www.expatman.us (the “Platform”) and the services offered thereon (the “Services”).

ARTICLE 1: DEFINITIONS

  • Personal Data: Any information relating to an identified or identifiable natural person.
  • Processing: Any operation or set of operations, whether or not performed by automated means, applied to Personal Data (collection, recording, organization, storage, etc.).
  • Data Controller: Expatman S.A.R.L.U., which determines the purposes and means of processing your Personal Data.
  • Processor: Any entity that processes Personal Data on behalf of the Data Controller.

ARTICLE 2: LEGAL BASIS FOR PROCESSING

We process your Personal Data only if at least one of the following conditions is met: a) Performance of a contract: The processing is necessary for the performance of the General Terms of Use that bind us to you or for the performance of pre-contractual measures taken at your request. b) Consent: You have freely, specifically, knowingly, and unambiguously consented to the processing of your Personal Data for one or more specific purposes.

c) Legal obligation: The processing is necessary to comply with a legal obligation to which we are subject (e.g., accounting obligations, disclosure of information to government authorities).

d) Legitimate Interest: The processing is necessary for the purposes of our legitimate interests, such as improving our Services or preventing fraud, unless your interests or fundamental rights and freedoms take precedence.

ARTICLE 3: PERSONAL DATA COLLECTED

As part of our Services, we collect the following categories of data:

  • Identification data: Last name, first name, date and place of birth, nationality, ID photo, signature.
  • Contact information: Mailing address, email address, phone number.
  • Professional information: Occupation, employer, job title, resume, degrees.
  • Official document data: Passport number, date of issue and expiration, previous visas, work permits, and any other information contained in the documents required for administrative procedures.
  • Financial data: Payment card information, bank account details, billing history. This data is processed through our secure payment service providers, and we have only limited access to it.
  • Login and browsing data: IP address, browser type, login logs, and data related to Platform usage (cookies and other trackers).

ARTICLE 4: PURPOSES OF PROCESSING

Your Personal Data is collected and processed for the following purposes:

  1. Provision of Services: To prepare, submit, and track your visa applications, work permit applications, and other administrative documents with the relevant authorities in the DRC.
  2. Customer Relationship Management: Communicating with you regarding the status of your applications, responding to your inquiries, sending invoices, and managing payments.
  3. Improving the Platform: Analyzing the use of our Services to improve their usability, performance, and security.
  4. Legal and Regulatory Compliance: Ensuring that corporate clients and their expatriates comply with Congolese immigration and labor laws.
  5. Marketing (with consent): To inform you about our new offers or training programs, subject to your prior consent.

ARTICLE 5: RECIPIENTS AND DATA SHARING

We do not sell or rent your Personal Data. It is shared only with the following recipients, and only when strictly necessary:

  • Government authorities in the DRC: Immigration Services (DGM), the Ministry of Labor, and any other public administration responsible for processing your cases.
  • Subcontractors and service providers: Web hosting providers, payment service providers, data analytics tools, and other technical partners, all of whom are contractually obligated to ensure the confidentiality and security of your data.
  • External advisors: Attorneys, accountants, or auditors in connection with their legal duties.

ARTICLE 6: INTERNATIONAL DATA TRANSFERS

Our servers may be located in jurisdictions other than the DRC. By using our Services, you consent to the transfer of your Personal Data to these jurisdictions. We are committed to ensuring that these transfers are governed by appropriate safeguards (such as standard contractual clauses) that guarantee an adequate level of protection for your data.

ARTICLE 7: RETENTION PERIOD

Your Personal Data is retained for a period not exceeding that necessary for the purposes for which it is processed.

  • Active Files: Retained for the duration of the processing of your request.
  • Archives: After your case is closed, the data is archived for the duration of the applicable statute of limitations in the DRC (particularly with regard to commercial and tax matters) before being permanently deleted or anonymized.

ARTICLE 8: DATA SECURITY

We implement appropriate technical and organizational security measures (encryption, access control, pseudonymization, etc.) to protect your Personal Data against destruction, loss, alteration, unauthorized disclosure, or unauthorized access. However, since no method of transmission over the Internet is foolproof, we cannot guarantee absolute security.

ARTICLE 9: YOUR RIGHTS

In accordance with applicable regulations, you have the following rights:

  • Right of Access: To obtain confirmation that your data is being processed and, if so, to access it.
  • Right to rectification: To request the correction of inaccurate or incomplete information.
  • Right to erasure (“right to be forgotten”): To request the deletion of your data, subject to our legal obligations to retain it.
  • Right to restriction of processing: To have the processing restricted under certain circumstances.
  • Right to data portability: To receive your data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller.
  • Right to object: Object to the processing of your data on legitimate grounds.

To exercise these rights, please contact us at privacy@expatman.us.

ARTICLE 10: CHANGES TO THE POLICY

We reserve the right to modify this Privacy Policy at any time. You will be notified of any substantial changes via email or through a notice posted on the Platform.

TERMS OF USE (TOU)

Company: Expatman S.A.R.L.U
Effective Date: January 1 , 2023
Version: 2.0

ARTICLE 1: PURPOSE AND ACCEPTANCE

These General Terms of Use (the “GTC”) govern access to and use of the Platform www.expatman.us and the Services offered by Expatman S.A.R.L.U. Access to and use of the Platform constitute full and unconditional acceptance of these Terms of Use. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS THE PLATFORM OR USE OUR SERVICES.

ARTICLE 2: DESCRIPTION OF SERVICES

Expatman is a service company acting as an agent and facilitator. Our Services consist of assisting with, preparing, submitting, and following up on administrative procedures related to immigration and employment for foreign nationals in the DRC.

IMPORTANT NOTICE: Expatman is neither a government agency nor a law firm. We have no authority to decide the outcome of submitted applications. The final decision to grant or deny a visa, work permit, or any other document rests solely and at the sole discretion of the competent Congolese authorities.

ARTICLE 3: USER OBLIGATIONS

By using our Services, you agree to: a) Provide truthful, accurate, complete, and up-to-date information and documents. Any false statement is your sole responsibility and may result in the rejection of your application and the termination of your account. b) Maintain the confidentiality of your login credentials and be solely responsible for any activity carried out through your account. c) Use the Platform in accordance with the laws in effect in the DRC and not infringe upon the rights of third parties or public order. d) Cooperate fully with Expatman and respond promptly to any request for additional information necessary to process your application.

ARTICLE 4: INTELLECTUAL PROPERTY

All elements comprising the Platform (text, images, logos, software, structure, database) are the exclusive property of Expatman S.A.R.L.U. or are licensed. Any reproduction, representation, or distribution, in whole or in part, without prior written authorization, is strictly prohibited and constitutes infringement.

ARTICLE 5: RATES AND PAYMENT

The rates for our Services are listed on the Platform or in a personalized quote. They include our service fees and may, upon express indication, include government fees. Payment is due in accordance with the agreed-upon terms. In the event of non-payment, Expatman reserves the right to suspend the provision of its Services. Unless otherwise specified, Expatman’s fees are non-refundable, including in the event that the application is rejected by the authorities.

ARTICLE 6: LIMITATION OF LIABILITY

Expatman is bound by an obligation of means and not of result. We shall not be held liable in the following cases:

  • Delays or rejections of applications attributable to the DRC’s government agencies.
  • Adverse consequences resulting from incorrect or incomplete information provided by the User.
  • Changes to legislation or administrative procedures by Congolese authorities.
  • Loss of documents by the postal service or government agencies.
  • Cases of force majeure, as defined in Article 7.

Under no circumstances shall Expatman’s liability exceed the total amount of service fees paid by the User for the service in question.

ARTICLE 7: FORCE MAJEURE

Expatman shall not be held liable if the failure to perform or the delay in performing any of its obligations described in these Terms of Service results from a force majeure event. Force majeure refers to any external, unforeseeable, and unavoidable event (e.g., strikes, wars, natural disasters, pandemics, unforeseen government decisions, telecommunications outages).

ARTICLE 8: TERMINATION

Expatman reserves the right to suspend or terminate your access to the Platform and the Services, without prior notice or compensation, in the event of a material breach by you of any of the obligations set forth in these Terms of Use, including in the event of fraud or misrepresentation.

ARTICLE 9: GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by the laws of the Democratic Republic of the Congo. Any dispute relating to their interpretation and/or enforcement falls under the exclusive jurisdiction of the courts of Kolwezi, notwithstanding multiple defendants or third-party claims.

ARTICLE 10: CONTACT

For any questions regarding these Terms of Use, please contact us via email at: legal@expatman.us.

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