Privacy Policy

Privacy Policy of Fiax Payments Ltd.

This Privacy Policy describes the rules according to which Fiax Payments Ltd (further Fiax, we, us our ) uses and protects any data you provide to us when using this website and the services available through it.

Definitions

Fiax, the Platform: Fiax Payments Ltd (further Fiax, the platform) is a registered Money Services Business with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), registration #N300001393. Incorporated in British Columbia, Canada, company BC1323004. Registered office: 9189-2785 Commercial Drive, Vancouver, British Columbia, Canada, V5N4C5 for the provision of payment services.

Person (further you or your): any person using the Platform and/or any person using any services offered by Fiax, including user.

User: a person or an entity, who uses the Services, agreed to the General Terms and Conditions and is a holder of a Payment Account.

Payment Account: payment account held with Fiax accessible at the Platform.

Website: https://fiax.com

Payment Account Terms: regulated under General Terms and Conditions available on our website.

Policy: this Privacy Policy.

PIPEDA: the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) of Canada, including the principles set out in its Schedule 1.

The principles of processing personal data

Our principles while processing your personal data:

1. We process your personal data only in accordance with this Policy and applicable laws;
2. We collect and process personal data only for the purposes stipulated in this Policy;
3. We make sure that the personal data which we collect and process is:
4. 1. adequate,relevantandlimitedtowhatisnecessaryforthepurposesstipulated in this Policy;
   2. accurate and up to date and
   3. stored only for such period as is necessary for the purposes stipulated in this Policy.

We apply appropriate technological and organizational measures to ensure the availability, authenticity, integrity and confidentiality of personal data.

The personal data we collect

The personal data, which Fiax collects and processes includes the following:

Personal Details – your personal details, including:

1. full name;
2. date of birth;
3. personal identification code;
4. citizenship;
5. residency;
6. residential address;
7. e-mail address;
8. mobile phone number;
9. occupation, photo or video of person, which is provided to Fiax for the purpose of identifying the person.

Identification Document Data – data retrieved from your ID which you have provided to us, including the document number, issue date, expiry date and issuing entity and a photo of your ID.

Due Diligence Data – data which we collect for the purpose of conducting customer due diligence under applicable anti-money laundering laws from you and appropriate databases, including information about:

1. whether you have been affiliated with money laundering or terrorist financing;
2. whether you have been prosecuted for a crime;
3. whether you have been subject to any international financial sanctions;
4. whether you have held a public office or
5. whether you are/ have been a close relative or associate of someone who has held public office.

Transaction Data – details of any transfers made to and from your Payment Account, including the name and account number of the payer and the payee, the date, time, currency, amount and explanation of the transaction.

Card Data – your card data, including:

1. your card number;
2. the name;
3. the expiry date;

Device Data – information regarding the device on which you are using the Platform, including the device’s model, name or any other identifier and the IP address of the network from which you are using the Platform.

Preference Data – your preferences on the Platform (language preferences, transaction 4 limits, etc).

Contact Data – the contacts list on your device.

Client Support Data – communication between you and Fiax client support (e- mails and calls).

Usage Data – data about your interaction with the Platform (e.g. information about which features of the Platform you use, which features you don’t use, etc).

Other Data – other data not listed in this section above, which is generated as a result of using the Platform (e.g. gif-images added to payments, comments added to claims, etc).

Grounds for collecting and processing personal data

Fiax collects and processes personal data for the following purposes:

Compliance purposes (PIPEDA s. 7(1)(e), s. 7(3)(c), (c.1) and (i); Proceeds of Crime (Money Laundering) and Terrorist Financing Act) – to perform an obligation under applicable laws, including the obligation to:

1. avoid money laundering, terrorist financing and fraud;
2. ensure the fulfilment of international financial sanctions;
3. ensure the security of our payment services;
4. comply with the lawful inquiries and orders of:
5. 1. public authorities, including foreign public authorities with whom Fiax is obliged to cooperate under applicable laws;
   2. other financial institutions with whom Fiax is obliged to cooperate under applicable laws.

Contractual purposes (PIPEDA Schedule 1, clause 4.3) – to perform or enter into a contract between you and us, based on the consent you give when entering into the contract.

Fraud monitoring purposes (PIPEDA Schedule 1, clause 4.3 and s. 7(3)(d.2)) – to monitor and decrease payment fraud.

Analytical purposes (PIPEDA Schedule 1, clause 4.3) – to gain a better understanding of the preferences of our users and how do they interact with the Platform.

Note that upon processing personal data for Analytical Purposes, the data is part of a large mass of data. Fiax does not analyse your individual preferences or interaction with the Platform.

Marketing Purposes (PIPEDA Schedule 1, clause 4.3, upon your express consent) – to send marketing e-mails of our products and services.

We do not process personal data for profiling or other automated decision making.

Purpose of using personal data

Fiax processes the following data for the following purposes:

Your consent on operations for data processing

We need your consent for processing personal data for the following purposes:

1. Marketing purposes
2. Additional Features
3. We do not process personal data for the purposes stipulated in this section unless you have granted us your prior consent
4. f we would want to process personal data for any new purpose, which requires your consent, then we will not process personal data for such new purpose, before we have received your consent for such processing.

Consent on withdrawal for processing personal data

The consent for the processing of personal data can be withdrawn at any time:

Data collected for marketing purposes:

1. Send an email to [email protected] to delete personal data for marketing purposes.

The withdrawal of your consent does not affect the legality of processing personal data prior to the withdrawal.

Legislative responsibility to distribute the personal data to Fiax

There is no statutory obligation for you to provide Fiax your personal data. However, there are statutory obligations for us to collect personal data.

In order for us to provide you our services, we need to collect and process personal data. In case we are not able to collect or process personal data, we are not able to provide you our services.

Other sources for collecting personal data

Fiax collects Due Diligence Data not only from you personally. Other sources include:

1. databases of people affiliated with money laundering or financing terrorism;
2. databases of people, who have been accused of a crime;
3. databases of people subject to international financial sanctions;
4. databases of people who have held a public office, etc.

Some of these databases are publicly available and some of them are not. In addition, we use other public databases (e.g. adverse media screening) for collecting Due Diligence Data.

Terms for storing and keeping of personal data

Fiax stores personal data for the following periods:

Transaction Data – 10 years after Payment Account is closed. We are obliged to store this data for such period under accounting and taxation laws.

Personal Details, Identification Document Data, Due Diligence Data, Card Data – 5 years after termination of the business relationship with Fiax. We are obliged to store this data for such period under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and section 148 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations.

Device Data, Preference Data, Contact Data – until the closure of Payment Account (for Payment Account and the Platform to function).

Client Support Data, Usage Data – 3 years as of its creation, except for e-mails and chat logs, which are stored at least until the closure of Payment Account. We store this data for such period as within this period the data is still relevant for Analytical Purposes. E- mails and chat logs are necessary for providing client support until such time when you are no longer a client of Fiax.

After the periods stipulated in this section above Fiax will delete personal data.

Fiax stores personal data on servers/cloud located in Europe. Personal data stored or processed outside Canada is subject to the laws of that country and may be accessible to its courts, law enforcement and national security authorities (see the Office of the Privacy Commissioner of Canada Guidelines for processing personal data across borders).

Your rights in connection with personal data

In connection with the processing of personal data, you have the following rights under PIPEDA:

Right to information – you have the right to receive the information provided in this Policy about our policies and practices relating to the management of personal data (PIPEDA Schedule 1, clause 4.8). The valid version of this Policy will be available on our website at any given time.

Right to access – you have the right to ask Fiax whether it holds personal data about you, to be informed of how this data has been used and to which third parties it has been disclosed, and to receive access to this data (PIPEDA Schedule 1, clause 4.9; s. 8).

Right to correction – you have the right to challenge the accuracy and completeness of your personal data. When you demonstrate that the data is inaccurate or incomplete, Fiax will amend it by correcting, deleting or adding information and, where appropriate, will transmit the amended data to third parties having access to it. If the challenge is not resolved to your satisfaction, Fiax will record the substance of the unresolved challenge (PIPEDA Schedule 1, clauses 4.9.5 and 4.9.6).

Right to deletion – you have the right to ask Fiax to delete your personal data which is no longer required to fulfil the purposes stipulated in this Policy. Such data will be destroyed, erased or made anonymous (PIPEDA Schedule 1, clause 4.5.3). Fiax cannot delete personal data which it is obliged to keep under law, including the periods stipulated in „Terms for storing and keeping of personal data“ section.

Right to withdraw consent – you have the right to withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. Fiax will inform you of the implications of such withdrawal; in particular, if you withdraw consent for processing which is necessary for providing our services, we will not be able to continue providing you our services (PIPEDA Schedule 1, clause 4.3.8). You can withdraw your consent by following the instructions set out in “Consent on withdrawal for processing personal data“ section.

Right to challenge compliance and file complaints – you have the right to challenge Fiax’s compliance with PIPEDA as further described in „Inquiries, requests and complaints“ section (PIPEDA Schedule 1, clause 4.10) and to file a written complaint with the Privacy Commissioner of Canada (PIPEDA s. 11).

You can exercise its rights stipulated in „Your rights in connection with personal data“ section by using the respective functionalities of the Platform or sending a respective request to [email protected].

We will make our best efforts to respond to your application submitted in accordance with „Persons rights in connection with personal data“ section within 2 weeks. Under PIPEDA s. 8(3) we must respond to your application within 30 days. Where meeting this time limit would unreasonably interfere with our activities or where consultations are required, we may, under PIPEDA s. 8(4), extend this time limit by a maximum of 30 days. In such case we will notify you of the extension, the reasons for it and your right to make a complaint to the Privacy Commissioner of Canada.

Processing personal data regarding child account

We do not open child account as according to our Terms and Conditions it can be opened by a person with an active legal capacity of at least 18 years of age.

Distribution of personal data

Upon processing personal data, we may share elements of your personal data with the following third parties:

1. public authorities and other financial institutions whom we are obliged to disclose personal data under law;
2. server hosts/ cloud service providers who host our servers / clouds;
3. payment processors and payment network operators who process your transactions;
4. identification service providers who help us verify your identity and acquire Due Diligence Data;
5. card manufacturers who manufacture your card;
6. communication service providers who facilitate e-mails, calls, SMS messages and other communication between you and us;
7. couriers who help us deliver letters (e.g. letters with your card and PIN codes);
8. partners, with whom we have arranged you a gift, a discount or another special offer;
9. other parties involved with the provision of our services.

The partners listed in this section above may be located within and outside of Canada. Fiax remains responsible for personal data transferred to such partners and uses contractual or other means to provide a comparable level of protection while the data is being processed by them (PIPEDA Schedule 1, clause 4.1.3).

Sharing personal data with Third Parties and safeguarding measures applied

Upon sharing personal data with third parties, we will apply the following safeguards (except as specified in p. 2 of this section below):

• Fiax enters into a data processing agreement with the relevant third party;
• Fiax makes sure that such third party undertakes to implement appropriate technical and organizational measures ensuring the processing of personal data in accordance with this Policy and applicable laws;
• Where personal data is processed outside Canada, Fiax uses contractual or other means to provide a comparable level of protection (PIPEDA Schedule 1, clause 4.1.3; Guidelines for processing personal data across borders);
• Fiax cannot apply the safeguards stipulated in p.1 of this section above upon sharing personal data with public authorities and other financial institutions whom Fiax is obliged to disclose personal data under law.

Amendment of the Privacy Policy

We may unilaterally amend this Policy from time to time. Upon amending this Policy, we will notify you about the new Policy by e-mail and/or via the Platform. In case the new Policy refers to processing personal data for any new purpose, which requires your consent, then we will not process personal data for such new purpose, before it has your consent for processing your personal data for such new purpose.

Inquiries, requests and complaints

In case you have inquiries, requests or complaints regarding the processing of your personal data, you may forward them to:

+1 647 333 3733
[email protected]
which are processed by the Data Protection Officer of Fiax.

You may choose to file a complaint with the Office of the Privacy Commissioner of Canada by calling 1-800-282-1376 or filing a report over internet https://www.priv.gc.ca/en/report-a-concern/. If you are residing in another country you may contact your competent national authority responsible for the protection of information.