Privacy Policy

Who we are

FONDY LTD, with a registered office at 40 Gracechurch Street London EC3V 0BT England, United Kingdom, is in accordance with the EU Data Protection Act and General Data Protection Regulation, the data controllers of the information you provide to us.

If you have concerns with the way Fondy is handling your personal data, you may send any privacy/data enquiries you may have via the contact details that are provided at the end of the policy (Contact Us section).

This policy (together with the Terms and Conditions applying to any specific services you may purchase or use) applies to:

• the website/portal features and/or services provided to you when you visit our websites or portals;
• instances where you may apply to use and/or use Fondy’s products and services;
• your use of software and mobile applications provided by Fondy; and
• email, other electronic messages, including SMS, telephone, web chat, website/portal and/or other communications between you and Fondy.

The above are collectively referred to in this policy as “Fondy Services”.

When we use the word “card” in this policy, it shall be understood to apply to all payment methods and types, and not simply to those involving a physical card; and the use of the term “cardholder” shall apply to any shopper or individual whose payment transactions may be processed.

Personal and non-personal information

“Personal information” is personal data that can be used to uniquely identify a single person. Fondy also collects non-personal information, or alternatively may anonymise personal information in order to make it non-personal.

“Non-personal information” is information that will not allow a specific individual to be identified. You agree that Fondy may collect, store, use, transfer and disclose non-personal information for any reasonable business purpose; for example, the use of aggregated transactional information for commercial purposes, such as trend analysis and the use of data analytics to obtain learnings and insight around cardholder transaction patterns and usage.

Where Fondy uses and/or discloses confidential or cardholder transactional information for preparing and furnishing compilations, analyses and other reports of aggregated information and anonymised information, it will do so provided it has taken reasonable measures to avoid identifying any:

• customer of Fondy, other than the customer for which Fondy prepares the compilation, analysis, or other report; or
• cardholder whose transactions were involved in the preparation of any compilation, analysis, or other report.

Under this policy, information collected by cookies and similar technologies are dealt with as non-personal information. To the extent that Internet Protocol (IP) addresses (or similar identifiers) are clearly defined to be personal information under any local law and where such local law is applicable to Fondy services, we will manage such identifiers as personal information.

Please note that Fondy is a B2B (“business to business”) organisation.

Data subject rights

As a data subject, you have the following rights in relation to your personal data that is collected by Fondy:

• The right to be informed: Fondy, as the entity processing your personal data, must make clear what data it is processing and why in this detailed privacy policy;
• The right of access: you have the right to see what data is held about you by Fondy;
• The right to rectification: this refers to your right to have incorrect data corrected and/or amended;
• The right to erasure: this refers to your right in certain circumstances to have your personal data deleted (‘the Right to be Forgotten’);
• The right to restrict processing: this refers to the right of you as a data subject to call for a temporary halt to data processing in certain circumstances;
• The right to data portability: as a data subject, you have the right to ask for any data supplied to Fondy as data controller, to be provided in a structured, commonly used, and machine-readable format;
• The right to object: in certain circumstances, you have the right to object to further processing of your personal data which is inconsistent with the primary purpose for which it was held;
• Rights related to automated decision making and profiling: as a data subject, you have the right not to be subject to a decision based solely on automated processing;
• The right to revoke the consent at any time;
• The right to lodge a complaint to the competent Supervisory Authority.

Collecting your information

We collect the following information:

1. Information you give us: we receive and store your information, including the personal and financial information you provide to us, which is transmitted when you or your business:

• Enquire of or make an application for Fondy Services;
• Register to use and/or use any Fondy Services;
• Upload and/or store your information via Fondy Services; and
• Communicate with us through email, SMS, our website or portal, on the telephone or other electronic means.

Such information may include you or your customer’s:

• Name, including first name and family name, identification tax number, date of birth, email address, billing address, username, password and/or photograph, residential address, nationality and country of residence;
• Card primary account number, card expiry date, CVC details, bank and/or issuer details;
• Information relating to any items purchased including the location of the purchase, the value, the time and any feedback that is given in relation to such purchase(s).

2. Automatic information: Fondy receives and stores certain information whenever you interact with Fondy Services; for example, by way of cookies. We also obtain certain information when your web browser accesses Fondy Services or advertisements and other content provided by, or on behalf of Fondy, on other web sites, or when clicking on emails including:

• Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system platform, desktop resolution, browser language;
• Information about your visit, or whether you opened an email, including the full Uniform Resource Locators (URL) clickstream to and from our site (including date and time);
• Products or services you viewed or searched for;
• Page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from the site page and any phone number used to call our customer service number.

See the separate Use of Cookies section of this policy. Where cookies are set, information about individual cookies is specific to the email/website and can be obtained directly from links in such emails/websites.

3. Applications: if you download or use mobile applications provided by Fondy, we may receive information about your location and your device, or the service you are using (including where a payment transaction takes place). Some devices allow applications to access real-time location-based information (for example GPS).

Our mobile apps may collect such information from your mobile device at any time when you download or use our apps. We will always seek to notify you if it is our intent to collect realtime location information and where required, obtain your consent unless otherwise permitted by law. We may use such information for regulatory purposes, our own due diligence checks, to better understand card usage patterns and to optimise your experience.

4. Email and other communications: we may receive information about you and your use of Fondy Services when we communicate with each other, including when you open messages from us and from the use of electronic identifiers, for example, Internet Protocol (IP) addresses or telephone numbers.

5. Information from other sources: we may share or receive information about you with or from other sources and add it to our account information, including when you use any of the other websites we operate or other services we provide.

We also work closely with third parties (including, for example, business partners, subcontractors in technical, payment services, advertising networks, analytics providers, search information providers, fraud prevention agencies and payment acquirers) and may receive information about you from them or provide such information to them.

6. In registering for any Fondy event (an “Event”), you agree that:

• Fondy may use photos and videos of the Event (which may include images of you), for the purpose of promotional distribution to event participants and/or in our promotional materials for future events;
• Any insights gained from sessions that you participate in and contribute to may also be used by us (on an anonymised basis) for any purpose and without restriction;
• Fondy may include details of your name, title, and company in our app for an Event which is available to registered participants.

Information related to payment initiation services

As a Payment Initiation Service Provider (PISP) and an E-money Institution (EMI), Fondy is bound by law to establish and verify your identity prior to entering financial transactions with you. Also, at the time of the provision of these services, Fondy is bound by law to request further information, as well as assess and store this information for the retention period set out by legislation. Taking this into account, you must provide correct and complete information.

In addition to the information listed above, specifically for Payment Initiation Services and/or Electronic Money Services, we may also collect the following information:

• Registration information. When you sign up for Fondy Payment Initiation Services and/or Electronic Money Services, these are associated with your main Fondy Account. Depending on the services that you will use, in addition to the information listed in the Fondy Privacy Policy, you may be asked to provide the following information: credit or debit card number and card expiry date; details of your bank and bank account number; address; phone number; date of birth; taxpayer identification number (or equivalent government-issued identification number). Furthermore, for sellers or businesses specifically, you’ll be asked to provide your business category and information about your sales and/or transaction volume. In some cases, we may also ask you to send us additional information or to answer additional questions to help verify your information.
• Information obtained from third parties. We may obtain information about you from third parties, including third-party verification services. This includes information arising from Fondy transactions at merchant locations, information regarding your use of payment methods and your accounts issued by third parties that are linked to Fondy Services, the identity of your card issuer or financial institution, information regarding access to balances held in your Fondy Account, information from a Carrier or Operator in connection with Carrier or Operator Billing. Also, for sellers, we may obtain information about you and your business from a credit bureau or a business information service.
• Transaction information. When you use Fondy Services to conduct a transaction, we may collect information about the transaction, including the date, time and the amount of the transaction, along with the merchant’s location and the description/explanation provided by the seller of the goods or services purchased, to include the names and email addresses of the seller and buyer (or sender and recipient), the type of payment method used, your description of the reason for the transaction and the offer associated with the transaction, if any.

Legal basis for processing your information

We will collect, process and/or store information about you only in the following circumstances:

• Where we need such information to provide you with Fondy Services, including operations, provision of customer support, and/or to protect the safety and security of Fondy Services;
• Where it satisfies a legitimate interest, insofar as such interest is not overridden by your data protection interests, this can include purposes relating to research and development, marketing, and promotion of Fondy Services, and/or the protection of our legal rights and interests;
• Where, you give informed consent to do so for specific purposes outlined in this detailed privacy policy; or
• Where we need to process your data in compliance with legal obligations.

Use of information

Your information (as defined above in Personal and non-personal information sections) will include information about you and your business, or your transactions. If you give us information, including sensitive personal information, about yourself or other people, you hereby agree (and confirm that the person the information is about has agreed) that we can use this information in the way set out in this policy.

We may use and share your information with other companies within the Fondy group, with its directors, employees, professional advisors, sub-contractors, and third-party service providers to help us and them, for the following purposes:

• To Provide our Fondy Services to you and your business including fulfilling Fondy’s obligations to you, or to financial, or other institutions in connection with the Fondy Services we provide to you or your business;
• To view web pages on our website/portal;
• To improve and develop our business, including without limitation, to optimise our websites/portals, products, and services;
• To provide you with the information, products, and services you have requested, or we think may be of interest to you;
• To manage and enforce our rights, Terms and Conditions or any other contracts with you and your business for the provision of Fondy Services; including, to:
  • assess financial and insurance risks, including the financial position of you and your business and any linked parties such as directors, shareholders, and principals;
  • obtain information about you from a fraud prevention agency information service, to check you or your business’s credit status/profile and identity on a periodic basis;
  • manage, investigate, and resolve complaints;

• To prevent, detect and prosecute fraud or crime, or to assist others in doing so;
• To identify and monitor for fraud. We and other organisations may access and use, from the Slovenia or other countries, information recorded by fraud-prevention agencies. If false or inaccurate information is provided and/or fraud is identified or suspected by Fondy, information concerning you and/or your business may be passed to fraud prevention agencies by us or any other third party to whom we have shared your information. Fondy may also obtain information about you from fraud prevention agencies or services on a periodic basis, whether fraud is suspected. This may include recording sensitive personal information such as criminal offences you have been accused of;
• Fondy also participates in anti-fraud initiatives, which may involve assessing you, your customers, transactions and/or locations, including utilising products and services from third parties (including the sharing of information with such third parties) to monitor transactions, detect patterns requiring investigation or otherwise profile and assess the likelihood of fraud occurring;
• To assist during any investigation by Fondy, other financial organisations or other third parties into any suspected criminal activity;
• To mitigate information security risk;
• To obtain your views on our goods, services, and our website/s;
• To notify you about important changes or developments to our website or our goods and services;
• To understand our customers’ requirements, perform analysis and comparisons, create profiles, and create marketing opportunities (including how you or your customers use our services and to better align our services and marketing offers to your interests); this may include the aggregation and sharing of non-personal information to facilitate cross-industry analysis, shopper-level insight, and card usage;
• To send you information, where we have your consent and that we believe you would find interesting including marketing and promotional materials; by post, email, telephone, SMS text or other means, including electronic means;
• To develop and test products and Fondy services;
• To comply with local and national laws, including card scheme rules and requests from law enforcement and regulatory authorities; and
• In respect of marketing, market research and similar activities, we may use your personal information for such purposes whether you are accepted as or continue to receive Fondy Services. If you no longer wish to receive marketing or promotional information from Fondy, please let us know via the Contact Us section.

The provision of personal data for the purposes referred to in numbers 1 and 2 is mandatory; the refusal to provide such personal data does not allow you to use the services/contents offered by our website/portal.

If you provide information to be published or displayed on public areas of the website/portal or transmitted to other users of the website/portal or third parties, you understand that such information can be used by any third parties accessing the information for any purposes. This information is posted by you at your own risk, and you agree to comply with the Terms and Conditions of such site.

Disclosure of information

We do not disclose information which could identify you personally, to anyone except as described in this policy, including:

• Within the Fondy group of companies, which may include any or all our subsidiaries, our ultimate holding company and/or its subsidiaries;
• Fraud prevention agencies (as outlined above and including Action Fraud, Financial Fraud Action, and the Financial Fraud Bureau);
• Third party credit and financial institutions (where allowed under any Terms and Conditions or other contract): including the credit institution where you or your business maintains its bank account and the card schemes governing the issue and use of credit, debit, charge, purchase or other payment cards, alternative payment schemes and any other financial institutions who may process payments and who are not operating under Fondy’s control, nor for whom whose actions or omissions Fondy has liability;
• Third party service providers: suppliers who assist us with the provision of Fondy Services, including processing orders, fulfilling orders, processing payments, support desk, security, fraud risk mitigation tools, and marketing, market research and survey activities carried out on behalf of Fondy;
• Where we are required or permitted to do so by law: we may be required by law to pass information about you to regulatory authorities and law enforcement bodies worldwide, or we may otherwise determine that it is appropriate or necessary to do so. Such disclosures may also include requests from governmental or public authorities, for purposes of litigation or legal process, national security or where we deem it in the national interest or otherwise lawful to do so;
• Business transfers: Fondy may buy or sell business units or affiliates. In such circumstances, we may transfer customer information as a business asset. Without limiting the foregoing, if our business enters a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners; and
• With your permission: Your information may also be used for other purposes for which you give your specific permission, or when required by law of any relevant jurisdiction. Except where permitted as stated, Fondy does not sell, rent, share, or otherwise disclose personal information about its customers to third parties for commercial purposes.

Transferring data internationally

The information that we collect from you may be transferred to, and stored at, a destination inside Slovenia or the European Economic Area (EEA). It may also be processed by staff operating inside and/or outside the EEA who work for us, or one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of orders, the processing of card payment details and support services in the provision of the Fondy Services. Where such staff are acting on behalf of Fondy, we will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy.

We will always comply with the PL Data Protection Act 2018 and General Data Protection Regulation with respect to any such transfer of personal data. Please be aware that countries outside of the EEA may not have the same level of data protection as countries within the PL/EEA: in all cases however, our collection, storage and use of your personal data will continue to be governed by this detailed privacy policy.

By submitting personal data, you agree to such transfer, storing and processing as described above, you consent to the transfer of your personal data to third party data processors located in countries outside of the PL and the EEA.

Fondy or other third-party service providers may also process payments through other financial institutions. These external organisations may process and store your personal information abroad and we (and they) may have to disclose your information to foreign authorities to help them in their fight against crime and terrorism. Where these organisations are based outside the PL/EEA, your personal information may not be protected to the same standards.

By using Fondy Services, you hereby give informed consent for Fondy to utilize your personal information in the manner described in this detailed privacy policy.

Monitoring

We may monitor or record telephone calls, emails, web chat or other communications with you for regulatory, security, customer services or training purposes.

When visiting our offices, access control systems and/or other monitoring systems may be also in operation.

Social networking and media

We may review and use public comments and opinions made on social networking sites (e.g., Facebook, Instagram, etc.) to better understand our customers and our provision and development of Fondy Services.

Data security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration, and disclosure.

The safety and security of your information is also dependent upon you. Where we have given you (or where you have chosen) a password or access code for access to certain parts of our website/portal, or mobile applications and similar, you are responsible for keeping this password and/or access code confidential. You are not permitted to share your password and/or access code with anyone. You should use all reasonable endeavours to ensure that there is no unauthorised use of your password and access code.

You therefore authorise Fondy to act upon instructions and information received from any person that enters your user id and password, and you agree to be fully responsible for all use, and any actions that may take place during the use of your account. You also agree to promptly notify Fondy of any information you have provided to us which has changed.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will use our best endeavours to protect your personal information, we cannot guarantee the security of your information transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Opting out

You can ask us, or any related third parties, to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not affect our processing of your personal data for other non-marketing purposes such as providing a product/service to you, or other transactions, etc.

Changes to our privacy policy

We may, from time to time, change our privacy policy. If we make material changes to how we treat your information, we will notify you of any revised policy via this website/portal.

The date the privacy policy was last modified is at the bottom of the page. You should ensure that you periodically visit our website/portal and our privacy policy to check for any changes. By continuing to use Fondy Services you agree to these changes in our privacy policy.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow such a link, please note that these websites have their own privacy and cookies policies and Fondy does not accept any responsibility or liability for these third-party websites.

This policy is global in scope but is not intended to override any legal rights in any territory where such rights prevail. In such an event, the rights and obligations set out in this policy will apply, subject only to amendment under any applicable local law having precedence.

Data protection rights and accessing your information

Where applicable, you may have certain rights to see the personal information held about you and you may ask us to make any necessary changes to ensure that it is accurate and up to date. If you would like a copy of the personal information we hold about you, please see the Contact Us section. In accordance with the provisions of the PL Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR), there is no fee charged for this service, although Fondy reserves the right to charge a reasonable fee in instances where such requests are manifestly excessive or unfounded, particularly if they are repetitive. All processing of personal information will be done in accordance with the DPA and the GDPR, and this will also apply to rights and protections in relation to personal information.

In addition to the above, the laws of other territories applicable to your dealings with Fondy may also be relevant (and may also impact the above rights) and any such rights can also be progressed via the Contact Us section below.

Data retention

In accordance with the PL DPA and GDPR, we will retain personal information for no longer than it is necessary for the purposes for which it has been collected and/or processed, after which period we will either anonymise or delete the data as applicable.

Contact us

All comments, queries and requests relating to our use of your information are welcomed. If you wish to exercise any of your rights or receive further information as to which Fondy group companies this policy applies, you should contact us at the following email address: compliance@fondy.eu

All rights are reserved. Unless otherwise specified, no part of this publication may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying and microfilm, without permission in writing from Fondy or subsidiary organisations.