Last updated: 02/04/2019
In this Notice, we use the terms “we”, “us”, and “our” (and other similar terms) to refer to SWAPX, 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 SWAPX we will assume you agree to the uses of your Personal Information described in this Notice unless you tell us otherwise in writing.
For data protection purposes, the data processor is SWAPX Ltd of Leret House, 4 Swan Court, Leatherhead Surrey KT22 0AH. The data controller is Paysafe Financial Services Ltd, 25 Canada Square, London, E14 5LQ.
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: Data Protection Team, SWAPX Ltd of Leret House, 4 Swan Court, Leatherhead Surrey KT22 0AH; or E-mail us at: email@example.com
3. What does SWAPX do?
SWAPX provides innovative and customised prepaid card products and services (“cards”) to end users of both corporate and private customers. If you are an end-user of a SWAPX card, we SWAPX Ltd will, together with the applicable partner act as an independent data processor in respect of the Personal Information that we must process about you in connection with our provision of card issuing and settlement services.
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 SWAPX corporate customer, 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 SWAPX 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 SWAPX cardholder, We will automatically collect information about the transactions that you make using your SWAPX 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.
If you are a site visitor: We will collect, store and use certain, limited information relating to your use of the SWAPX site 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 SWAPX 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, SWAPX 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 and FCA 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 SWAPX 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 SWAPX site) 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 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 FCA 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 SWAPX, 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 SWAPX (as described in the "If you are a contact of SWAPX" 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:
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 firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com.
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:
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 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
(i) where the processing is in our legitimate interests and not overridden by your rights,
(ii) where processing is necessary to fulfil a contract with you (such as your prepaid card contract if applicable),
(iii) where processing is necessary to fulfil a contract with merchants that we work with, or
(iv) 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.
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 firstname.lastname@example.org
9. Cookies and similar tracking technology
10. International transfers of Personal Information
As described above, from time to time, SWAPX may need to transfer your Personal Information to business partners, service providers and other SWAPX 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
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.