Privacy Policy

1. Introduction

This Privacy Policy (“Notice”) describes how XONDER LTD collects, stores and uses personal information (“Personal Information”) including information about cardholder customers, contacts, suppliers and job applicants, as well as about visitors to the XONDER LTD Website https://xonder.net/

In this Notice, we use the terms “we”, “us”, and “our” (and other similar terms) to refer to XONDER LTD and “you” and “your” (and other similar terms) to refer to our cardholder customers, contacts, suppliers, job applicants and site visitors.

This Notice is an important document. We recommend that you read it carefully and print and keep a copy for your future reference. When you deal with XONDER LTD we will assume you agree to the uses of your Personal Information described in this Notice unless you tell us otherwise in writing.

For general data protection purposes, the data controller is Lerex Technology Ltd of 67 High Street, Leatherhead Surrey KT22 8AH. However, please note that the data controller in relation to any personal data that you provide in relation to XONDER LTD is our partner and issuer of the Card, Transact Payments Limited (“TPL”). TPL is an e-money institution, authorized and regulated by the Gibraltar Financial Services Commission. TPL’s registered office address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA and its registered company number is 108217. When you apply for a XONDER Card, you accept TPL’s Privacy Policy which is provided to you when you sign up for a card, is available within the XONDER T-Mobile application and is available in this document below the XONDER LTD. We encourage you to read the TPL Privacy Policy.

2. How to contact us

If you have any questions about how we collect, store and use Personal Information, then please contact us using the following contact details: Write to us at: XONDER LTD, The Exchange, 26 Hasluck’s Green Road B90 2EL 2

3. What does XONDER LTD do?

XONDER will provide a simple and affordable online payment gateway solution and banking facility for consumers to connect payments and better manage their business finances.

4. The Personal Information that we collect

Depending on how you engage with us, we will collect and process the following data about you:

(a) Information that you provide voluntarily

If you are an employee or other staff member of a XONDER LTD, supplier or partner: We will use the personal and/or professional contact details, professional title and if necessary, identity documents that we ask you to provide for the purposes of carrying out customer due diligence and KYC checks, managing invoicing and/or payments and corresponding with our corporate customer, supplier and/or partner in connection with the applicable services. We may also keep your contact preferences, such as requests to subscribe to publications that we may circulate from time to time, to receive news about any events we are organising or participating in, or to receive information about XONDER LTD and the services we provide.

If you are a site visitor: We will use any information that you provide by filling in forms on our site. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.

If you write to us: We will keep a record of that correspondence.

If you complete any of our surveys: We will use your responses for research purposes.

If you are a job applicant: We will use your contact details, copies of your job application, curriculum vitae and covering letter, as well as any references provided, for the purposes of processing your application and for general recruitment and selection purposes.

(b) Information that we collect automatically

If you are a XONDER LTD customer, we will automatically collect information about the transactions that you make using your XONDER LTD card, your card number, transaction amount transaction date, merchant name and any details about applicable chargebacks in connection with our provision of card issuing and settlement services in relation to the programme. 3

If you are a site visitor: We will collect, store and use certain, limited information relating to your use of the XONDER LTD for the purposes of better understanding the types of visitors who browse our site and improving our site offering. Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our site, including the pages accessed and links clicked. Collecting this information enables us to better understand the visitors who come to our site, where they come from, and what content on our site is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our site to our visitors. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.

(c) Information that we obtain from third party sources

If you are a cardholder customer of one of our partners we may receive from the applicable partner your name, address, DOB, email address, mobile number, IP address of sign-up location, bank account details, XONDER LTD card details and any and all other supporting documents that may be required (i.e., including utility bills) for the purposes of carrying out appropriate customer due diligence to enable us to comply with our anti-money laundering obligations. We may also receive information from you via third party fraud prevention and credit reference agencies or other organisations involved in the support or provision of your card and the associated services.

5. How we use your Personal Information

Depending on how you engage with us, we will use your information for the following purposes:

For communication purposes: We use information and preferences to communicate with our Partners and suppliers and to send publications that we may circulate from time to time, news about any events we are organising or participating in, and/or other information about XONDER LTD and the services that we provide. We will only contact you in accordance with the contact preferences that you have specified (which may include e-mail) and will not send you marketing communications where you have told us you do not wish to receive these. You can specify your contact preferences when registering online to receive communications from us (for example, through the XONDER LTD) or by subsequently advising us of your contact preferences using the contact details provided above.

To provide our card services to Partners (our customers) and cardholders engaged by our Partners: We will use Personal Information to provide our services to our Partners, for 4

example, opening, administering and running cardholder card accounts (including using mobile phone numbers and email addresses to provide balance updates and transaction alerts in the manner requested by our customers), facilitating settlement and reconciliation of the cardholders accounts, carrying out due diligence checks and transaction monitoring for compliance with anti-money laundering obligations and Mastercard scheme requirements and dealing with any cardholder customer enquiries.

To receive services from our suppliers: We will use our suppliers Personal Information to receive their services from them. Please note that we will assume, unless our suppliers instruct us otherwise in writing, that we may use and disclose their Personal Information in such manner as we believe is reasonably necessary to receive and to review the provision of those services from them.

To collect our charges or costs in connection with other legal enforcement: We will use Personal Information to agree payment arrangements with you, and to collect our fees and costs owing to us in connection with legal enforcement.

To manage our supplier relationships: We will use our suppliers Personal Information to agree payment arrangements with our suppliers, and to make payments to them.

For recruitment and selection purposes: If you apply for a position with XONDER LTD, we will use your Personal Information to process your job application and for general recruitment and selection purposes. If you are successfully recruited, the Personal Information you provide will be stored on your personnel file.

For monitoring and quality assurance purposes. We may monitor telephone and e-mail communications between our employees and third parties for the purpose of quality assurance and training or as otherwise permitted by law.

For site analytics purposes: We may collect, store and use certain, limited information relating to your use of our site for the purposes of better understanding the types of visitors who browse our site and improving our site offering. Other than information you choose to submit voluntarily to receive communications from XONDER LTD (as described in the “If you are a contact of XONDER LTD bullet above), the information we collect about site visitors does not enable any visitor to be individually identified, is processed only in anonymised, aggregated form, and will only be used for site analytics purposes as described in our Cookies Notice.

6. Your data protection rights

You have the following data protection rights, subject to certain exemptions and satisfying certain conditions: 5

If you wish, to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading above

In addition, you can object to processing of your Personal Information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading above gdpr@xonder.co.uk.

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “How to contact us” heading above gdpr@xonder.co.uk.

Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading above

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

7. Who we share your Personal Information with

We may disclose your Personal Information with the following categories of recipients:

Group companies, business partners (i.e. our Partners), service providers and other affiliated third parties: who provide data processing services to us (for example, to support the delivery of our site or due diligence services), or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information. A list of our current group companies is available here and a description of the categories of the current service providers we work with is available here. 6

To any competent law enforcement body, regulatory, government agency, court or other third party: where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.

To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy.

To any other person with your consent to the disclosure.

8. Legal basis for processing Personal Information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only

(a) where the processing is in our legitimate interests and not overridden by your rights,

(b) where processing is necessary to fulfil a contract with you (such as your prepaid card contract if applicable),

(c) where processing is necessary to fulfil a contract with merchants that we work with, or

(d) we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (e.g. our legal obligation to carry out appropriate customer due diligence and anti-money laundering checks).

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are. 7

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading above gdpr@xonder.co.uk

9. Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you. For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Statement.

10. International transfers of Personal Information

As described above, from time to time, may need to transfer your Personal Information to business partners, service providers and other XONDER LTD offices that are located in territories outside of the European Economic Area (“EEA”).

Please note that the legal regimes of some territories outside of the EEA do not always offer the same standard of data protection as those inside the EEA, although we will ensure that your Personal Information is only ever treated in accordance with this Notice and, if you are a customer, our terms and conditions.

11. How we look after your Personal Information

We have in place what we believe to be appropriate technical and organisational security measures to protect your Personal Information against unauthorised or unlawful use, and against accidental loss, damage or destruction. We put in place strict confidentiality agreements (including appropriate data protection obligations) with our third-party service providers. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.

If you or others on your behalf give us any Personal Information about another person, you take full responsibility for complying with any relevant data protection laws which apply to the provision of that information to us, and our use of it as explained in this Notice.

12. Data Retention 8

We retain Personal Information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

13. Updates to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of online Privacy Policy.

TPL Privacy Policy

 

This policy explains when and why we collect personal information about you, how we use it, the conditions under which we may disclose it to others and how we keep it secure.

TPL is committed to safeguarding the privacy of your information. By “your data”, “your personal data”, and “your information” we mean any personal data about you which you or third parties provide to us.

We may change this Policy from time to time so please check this page regularly to ensure that you’re happy with any changes.

 

Who are we?

Transact Payments Limited (“TPL”, “we”, “our” or “us”) is the issuer of your card and is the Data Controller for the personal data which you provide to us in relation to the card only. TPL is an e-money institution, authorised and regulated by the Gibraltar Financial Services Commission. Our registered office address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA and our registered company number is 108217.

Lerex Technology Ltd is the Program Manager for your card program and is the Data Controller for any personal data which you provide which is not related to the card. Lerex Technology Ltd is incorporated and registered in England and Wales with registered office at 67 High Street, Leatherhead Surrey KT22 8AH.

How do we collect your personal data?

We collect information from you when you apply online or via a mobile application for a payments card which is issued by us. We also collect information when you use your card to make transactions. We also obtain information from third parties (such as fraud prevention agencies) who may check your personal data against any information listed on an Electoral Register and/or other databases.

On what legal basis do we process your personal data?

Contract

Your provision of your personal data and our processing of that data is necessary for each of us to carry out our obligations under the contract (known as the Cardholder Agreement or Cardholder Terms & Conditions or similar) which we enter into when you sign up for our payment services. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into that contract, such as verifying your details or eligibility for the payment services. If you fail to provide the personal data which we request, we cannot enter into a contract to provide payment services to you or will take steps to terminate any contract which we have entered into with you.

Legal/Regulatory

We may also process your personal data to comply with our legal or regulatory obligations.

Legitimate Interests

We, or a third party, may have a legitimate interest to process your personal data, for example:

• To analyse and improve the security of our business;
• To anonymise personal data and subsequently use anonymized information.

What type of personal data is collected from you?

When you apply for a card, we, or our partners on our behalf, collect the following information from you: full name, physical address, email address, mobile phone number, phone number, date of birth, gender, login details, IP address, identity and address verification documents.

When you use your card to make transactions, we store that transactional and financial information. This includes the date, amount, currency, card number, card name, account balances and name of the merchant, creditor or supplier (for example a supermarket or retailer). We also collect information relating to the payments which are made to/from your account.

How is your personal data used?

We use your personal data to:

– set up your account, including processing your application for a card, creating your account, verifying your identity and printing your card.

– maintain and administer your account, including processing your financial payments, processing the correspondence between us, monitoring your account for fraud and providing a secure internet environment for the transmission of our services.

– comply with our regulatory requirements, including anti-money laundering obligations.

– improve our services, including creating anonymous data from your personal data for analytical use, including for the purposes of training, testing and system development.

Who do we share your information with?

When we use third party service providers, we have a contract in place that requires them to keep your information secure and confidential.

We pass your information to the following categories of entity:

• identity verification agencies to undertake required verification, regulatory and fraud prevention checks;
• information security services organisations, web application hosting providers, mail support providers, network backup service providers and software/platform developers;
• document destruction providers;
• Mastercard, Visa, digital payment service providers or any third parties involved in processing the financial transactions that you make;
• anyone to whom we lawfully transfer or may transfer our rights and duties under this agreement;
• any third party as a result of any restructure, sale or acquisition of TPL or any associated entity, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us.
• regulatory and law enforcement authorities, whether they are outside or inside of the EEA, where the law requires us to do so.

Sending personal data overseas

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

• with service providers located outside the EEA;
• if you are based outside the EEA;
• where there is an international dimension to the services we are providing to you.

These transfers are subject to special rules under European and Gibraltar data protection law.

 

These non-EEA countries do not have the same data protection laws as Gibraltar and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. We will send your data to countries where the European Commission has made an adequacy decision, meaning that it has ruled that the legislative framework in the country provides an adequate level of data protection for your personal information. You can find out more about this here.

Where we send your data to a country where the European Commission has not made an adequacy decision, our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses, please go to the European Commission’s website.

If you would like further information please contact our Data Protection Officer on the details below.

How long do we store your personal data?

We will store your information for a period of five years after our business relationship ends in order that we can comply with our obligations under applicable legislation such as anti-money laundering and anti-fraud regulations. If any changes to applicable legislation require us to retain your data for a longer period of time, we shall retain it for that period. We will not retain your data for longer than is necessary.

Your rights regarding your personal data?

You have certain rights regarding the personal data which we process:

• You may request a copy of some or all of it.
• You may ask us to rectify any data which we hold which you believe to be inaccurate.
• You may ask us to erase your personal data.
• You may ask us to restrict the processing of your personal data.
• You may object to the processing of your personal data.
• You may ask for the right to data portability.
• If you would like us to carry out any of the above, please email the Data Protection Officer at DPO@transactpaymentsltd.com.

How is your information protected?

We implement security policies and technical measures in order to secure your personal data and take steps to protect it from unauthorised access, use or disclosure.

While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems. Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Complaints

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your personal information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Gibraltar is the Gibraltar Regulatory Authority. Their contact details are as follows:

Gibraltar Regulatory Authority,

2nd floor, Eurotowers 4, 1 Europort Road, Gibraltar.

(+350) 20074636/(+350) 20072166   info@gra.gi

Other websites

Our website may contain links to other websites. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

Changes to our Privacy Policy

We keep our Privacy Policy under review and we regularly update it to keep up with business demands and privacy regulation. We will inform you about any such changes. This Privacy Policy was last updated on 27^th October 2021.

How to contact us

If you have any questions about our Privacy Policy or the personal information which we hold about you or, please send an email to our Data Protection Officer at DPO@transactpaymentsltd.com.