Privacy and Cookies Policy.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, only where this is required or permitted by law.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

PROMOTIONAL OFFERS FROM US

You will receive marketing communications from us by post, email and phone (including text messages) with offers and promotions if you sign to our services and, in each case, you have not opted out of receiving that marketing.

We may use the information we have collected about you in order to tailor our offers and promotions to you.

THIRD-PARTY MARKETING

We will not share your personal data with any company or organization outside the Company for our marketing purposes without your permission.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by Contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

COOKIES

We may set cookies and related Cookies are a kind of short-term memory for the website or small amount of data. They are stored in a visitor and/or client’s ( the “ User”) browser, computer or device and enable Services to ‘remember’ little bits of information between pages or visits for the purpose of identifying the browser or product/services during a visitor and/or client’s activity/ interaction. Some of the purposes of installation of Cookies or similar applications may also require the separate consent of the User. Cookies Policy is intended for hose browsing/ using the https://www.moneygate.com/ website and online resources and explain how MONEYGATE SOLUTIONS LIMITED use cookies and similar technologies on our website, online resources and systems and how to control them. Cookies allow the website to identify devices used by users/visitors, personalize the website functions and collect statistical data.

Use of Cookies

Use of cookies and other related tracking technologies (jointly “cookies”) as you visit our website, open our app/ e-wallet, use our online services or view our offers which are standard across the Services through which personal data and information is collected. We also use cookies on our website for our own internal purposes, to track the visitor and/ or client’s interest, navigation through the website and usage patterns in order to evaluated and improve the website and our services. We may also use third-party cookies or allow third parties to set cookies.

Control of Cookies

A User can control, manage and disable/ block the use of cookies through the Services and more information is provided below.

The Company uses cookies, to enable it to provide a User with a better experience in using its Services by sending small text files from the Company’s servers to a User’s computer.

If a User does not wish to receive cookies, he/she may be able to change the settings of the browser to refuse all cookies or to have the computer notify him/her each time a cookie is sent to it, and thereby give the choice whether to accept it or not. However, this may impair the quality of the Services that are being provided in relation to the trading account.

The Company shall not be liable for misuse or loss of personal data resulting from cookies on the Services that the Company does not have access to and/or control over.

Consent to Cookies

Throughout your use of the Company’s Services and website, app/ e-wallet you will be asked to provide your consent on the use of Cookies and by continuing to use the Company’s Services, you are granting your consent for Cookies to be installed through a notification banner. By clicking agree or by continuing the use the website or by logging in to secure areas reserved for registered users, you agree and accept the terms of this Cookie Policy and consent to the placement of cookies on your computer/device and to your use of cookies as described in this policy. The cookies and other tracking technologies are used to improve your browsing experience on our website to show you personalized content and targeted ads, to analyze our website traffic and to understand where our visitors are coming from. By browsing our website you consent to our use of cookies and other tracking technologies. We encourage you to review this Privacy and Cookies Policy carefully and to periodically refer and understand any subsequent changes on it if any. This policy applies in addition to the relevant Terms of Business for the particular Company’s product or service being used. If you do not consent to the use of cookies, please block or disable them using your browser/ device settings as explained.

Types of Cookies

There are various types of Cookies needed to be used in order to enable the provision of the Services which include, inter alia, absolutely necessary cookies essential to enable navigation through the Services, performance cookies which are used to improve use of the Services, functionality cookies which are used to remember changes in choices a User requested and marketing cookies used to evaluate performance of advertisements and visits on the Services.

Cookies are typically divided into four main types, we may use some or all:

a. Strictly essential cookies: which are required for the operation of a website. For example, enabling uses to login to secure areas of website.

b. Analytical/ Performance cookies: which allow providers to recognize and count the total number of visitors and evaluate their navigation pattern around their website when they are using it.

c. Functionality cookies: which are used to recognize users when they return to our website and provide them with personalized content and preferences.

d. Targeting cookies: which record a user’s visit to a website, the individual pages visited and the links followed. If the cookie is set by a third party (for example, an advertising network) which also monitors traffic on other websites, this type of cookies may also be used to track a user’s movements across different website and to create profiles of their general online behaviour.

Some of the cookies on our website are session cookies which expire when you close your browser and are therefore not stored on your computer/device. Others are persistent and remain on your computer/device for an extended period and may be used for statistical purposes in order to track and target the location and interests of users that access our website (S) to enhance our marketing efforts.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties being other companies connected with Moneygate Solutions Limited.

• External Third Parties being:

– Service providers acting as processors These service providers are required to provide sufficient assurances in accordance with data protection law. We will only share personal data necessary for them to provide their services.

– Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide professional services to Moneygate Solutions Limited.

– As such, personal data may be transferred and disclosed to:

– Money laundering and fraud prevention aggregation/agencies, compliance/verification services and risk prevention services. This is required in order to verify your identity, ensure protection against fraud, confirm eligibility for our services/products.

– Banks (other credit and financial service institutions), and similar institutions. These enable us to provide our services and include correspondent banks, intermediary banks.

– Payment Systems (SWIFT, SEPA, VISA Card, JCB, Unionpay), payment service providers, card processing companies. These enable us to provide our services.

– Card manufacturing/personalization and delivery companies. In order for us to create a personalized payment card and deliver it to the requested address

– Data management, storage, archiving, cloud storage service providers

– Companies assisting us with provision of our services (e.g. technological services, solutions, support such as support/ maintenance/ development of IT applications, technology, website management, telephony/ SMS services)

– Customer support service providers and marketing service providers

– Administrative service providers

– Auditing and accounting services and consultants

– External legal advisors

–Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the Republic of Cyprus/ EEA/ Internationally who require reporting of processing activities in certain circumstances, such as:

Supervisory Authorities including the Central Bank of Cyprus, European Central Bank, European Banking Authority

– FIU (Financial Intelligence Units) and the Police

– Tax Authorities

– Information Exchange Mechanisms

– Other regulators, authorities and public bodies wherever obligations exist

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We do not anticipate to transfer your personal data outside the European Economic Area (EEA).

IF TRANSFERS OUT OF EEA OCCUR

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Given that the Internet is a global environment, using it to collect and process personal data and information involves the transmission of data on an international basis. By browsing our website and communicating electronically with us, you acknowledge and agree to our processing of personal data and information in this way.

7. DATA SECURITY

We have appropriate security measures in place to prevent unauthorized access to and protect the loss, misuse and alteration/ disclosure of the information under our control. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We utilize a series of technology and security solutions in order to protect data (such as storage of information you provide us on secure servers in the EEA, perimeter security mechanisms, such as encryption etc.). Nonetheless, security cannot be absolutely guaranteed against all threats despite our best efforts.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal data are available in our Retention Policy which you can request from us by Contacting us.

Under the Provision and Use of Payment Services and Access to Payment Systems Laws of 2018 and 2019 and Anti-Money Laundering laws we must keep records of you and your transactions for five (5) years.

In some circumstances you can ask us to delete your data: see paragraph 9. Your Legal Rights below for further information.

We will not keep records of your personal information for more than 6 years after our business relationship with you has ended unless a potential or ongoing claim or another legal reason occurs. You can refer to the Terms of Business

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request” “DSAR”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. You cannot provide you with any information which is linked to an ongoing criminal or fraud investigation, or information which is linked to settlement negotiations with you. We will also not provide you with any communication between the Company and its legal advisers.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us through the app or send an email to the contact details provided for the DPO.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data and/or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

YOUR RESPONSIBILITIES

You are responsible for ensuring that the information provided to Moneygate Solutions Limited by you/ about you or on your behalf is accurate and up to date, and you must inform us if anything changes as soon as possible.

If you provide information about another person, you must direct them to this Privacy Notice and ensure they also agree to Moneygate Solutions Limited using their information as described in it.