These terms and conditions (the “Terms and Conditions”), including the Privacy Policy and other documents referred to in these terms and conditions (the “Agreement”) is a legal agreement between you (hereinafter, “you” or “your”) and The GlobalPass Inc., hereinafter referred to The GlobalPass (“The GlobalPass”), respecting your use of the Services as described herein.BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, AND THEREAFTER BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT ACCESS OR USE THE The GlobalPass SOLUTION.Except where prohibited by applicable law The GlobalPass may change the terms and conditions of this Agreement at any time by posting updated terms on the The GlobalPass website. You are responsible for monitoring the The GlobalPass website for any such changes and for reviewing such changes. Your continued access to or use of the The GlobalPass Solution after any changes to the Agreement indicates your acceptance of such changes.If you have any questions or concerns about the terms of this Agreement, please contact us at Team@theglobalpass.com.1. DefinitionsIn these Terms and Conditions:“Access Information” has the meaning set out in Section 6.“Agreement” has the meaning set out in the first paragraph of these Terms and Conditions.“Applicable Law” means any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time during the term of this Agreement which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental or Regulatory Authority“Application” has the meaning set out in Section 2(a)(ii).“The GlobalPass Partner” means any educational institution, company, organization, association or individual that has entered into an agreement with The GlobalPass to use or promote the The GlobalPass Solution, or to enable their employees or students to use or promote the The GlobalPass Solution.“The GlobalPass Solution” means the The GlobalPass website and the Services, including the Content therein, as modified from time to time.“Confidential Information” means information considered confidential or proprietary by The GlobalPass, including the The GlobalPass Solution, its business plan and strategy, any design, prototype, compilation of information, data, program, method, invention, license, technique or process, information relating to any The GlobalPass service, The GlobalPass’s software, website and web platform, client and user information, financial information, marketing information, intellectual property, business opportunities, or research and development.“Content” has the meaning set out in Section 2(a)(i).“De-identified Data” has the meaning set out in Section 5.“Governmental or Regulatory Authority” means any national, provincial, territorial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, dispute settlement panel or body, bureau, official, minister, Crown corporation, or court or other law, rule or regulation-making entity having or purporting to have jurisdiction over The GlobalPass, you or any other person, property, transaction, activity, event or other matter related to this Agreement, including subdivisions of, political subdivisions of and other entities created by, such entities“Party” means each of The GlobalPass and you, and “Parties” means The GlobalPass and you collectively.“Personal Information” means information about an identifiable individual.“Privacy Policy” has the meaning set out in Section 4(e).“Program” means a study program, language programs, summer camps, including one of the academic programs or a program specifically designed to transition international students (sometimes referred to as a pathway program), offered by the The GlobalPass Partners.“Recruiter” means any individual or entity that you engage to represent you to submit an Application using the The GlobalPass Solution.“Services” has the meaning set out in Section 2.“Submission” has the meaning set out in Section 11(a).“Terms and Conditions” has the meaning set out in the first paragraph of these terms.“Your Data” has the meaning set out in Section 4(a)(i).2. ServicesThe GlobalPass’s services described in this Section 2 (collectively referred to as the “Services”) consist of the following:The GlobalPass will provide access to certain information, material or content (including, pricing, features, promotion and information of third parties) contained on or provided through the The GlobalPass website (the “Content”) to provide information to assist you through the process of becoming a student at certain The GlobalPass within Canada, the U.S., the U.K and Australia, including Program information;The GlobalPass will provide you with the ability to input Your Data into the The GlobalPassSolution and will act as an intermediary to pass Your Data to the applicable The GlobalPass Partners in order to enable you to apply to Programs offered by such The GlobalPassPartners (each, an “Application”); andThe GlobalPass will facilitate an Application, on a case-by-case basis, including through The GlobalPass(www.theglobalpass.com) as applicable, by assisting you with communications with the applicable The GlobalPass Partners, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application.Please note that the Services, as described above, are subject to the terms and conditions in this Agreement, and in particular the “Disclaimers” set out in Section 17 below.3. License to Use the The GlobalPass SolutionSubject to the terms and conditions in the Agreement and any restrictions contained in the Content, The GlobalPass hereby grants you a personal, non-exclusive, revocable, non-transferable license to access The GlobalPass Solution solely for the purposes of using the Services, view the Content, and submit an Application to The GlobalPass Partners.4. Your DataYour Data Must be Complete and AccurateIn order to use The GlobalPass Solution, you must:provide up-to-date complete and accurate Personal Information and other data submitted by you to the The GlobalPass Solution or otherwise provided to The GlobalPass, including name information, contact information, citizenship and legal status, gender, date of birth, email address, telephone number, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, English or French test score, passport and/or other identification details, information required for visa application, including financial and medical information (“Your Data”), as requested by The GlobalPass on The GlobalPass’s website, and as required to process your Application;where payment is required, provide up-to-date, complete and accurate payment information as required by The GlobalPass or The GlobalPass’s third party payment processor, as applicable (which may include a valid PayPal or Stripe account, or credit card information for a credit card that is valid and legally registered to you); andOBTAIN ALL RELEVANT PERMISSIONS FROM ANY AFFECTED THIRD PARTY, SUCH AS YOUR EDUCATIONAL INSTITUTION, FOR The GlobalPassTO COLLECT YOUR DATA.Ownership of Your DataNothing herein transfers any ownership of Your Data to The GlobalPass in its original form.Quality of Your Data and FeedbackWithout limiting the foregoing, The GlobalPass does not assess Your Data for quality or otherwise. The GlobalPass, The GlobalPass Partners and other third parties to whom The GlobalPass is permitted to pass Your Data under this Agreement, may rely on the accuracy of Your Data provided by you to the The GlobalPass Solution.Any feedback that you receive respecting Your Data is not as the result of any specific examination of the data by The GlobalPass, or any judgment exercised by The GlobalPass respecting Your Data, but rather is solely based on the compliance requirements of The GlobalPass Partners.Consent to Processing of Your DataAn integral part of the The GlobalPass Solution entails the collection, processing, transmission and disclosure of Your Data by The GlobalPass, The GlobalPass Partners and their service providers, and you hereby specifically consent to:The GlobalPass’s provision of Your Data to any The GlobalPass Partner, visa agencies, English and French test score organizations, professional bodies, service providers to The GlobalPass (including our hosting providers and payment processors) as part of the provision of the The GlobalPass Solution to you, and Governmental or Regulatory Authorities;communications from The GlobalPass (including e-mail communications, both marketing and informational) respecting the The GlobalPass Solution, and The GlobalPass’s products and services; andcollection, use and other processing activities as set out in The GlobalPass’s Privacy PolicyYour Personal Information will be handled in accordance with The GlobalPass’s Privacy and Cookies Policy accessible via the following link: theglobalpass.com (the “Privacy Policy”). Notwithstanding the foregoing, The GlobalPass reserves the right at all times to disclose any Personal Information as it deems necessary to satisfy any Applicable Law, legal process or requirements of a Governmental or Regulatory authority.Storage of Your Data in Other JurisdictionsYou acknowledge that, due to the nature of the The GlobalPass Solution, Your Data uploaded to the The GlobalPass Solution may be hosted on servers residing in jurisdictions other than Canada, over which The GlobalPass has no direct control. By using the The GlobalPass Solution, Your Data may become, during the period that Your Data is hosted on such servers, subject to the Applicable Laws of the jurisdiction in which such servers reside or to the terms of agreements respecting the hosting of data on such servers.5. De-Identified DataThe GlobalPass may also use itself or provide to third parties, Your Data, and any data regarding your use of the The GlobalPass Solution, in aggregated form, in a manner that does not identify you (“De-Identified Data”), subject to The GlobalPass’s Privacy Policy, for The GlobalPass’s business uses, including for the purposes of enhancing and fixing the The GlobalPass Solution, performing analytics, marketing the The GlobalPass Solution to third parties, and selling such De-Identified Data for profit. The GlobalPass will own any and all intellectual property rights in the output of The GlobalPass’s use of any such De-identified Data.6. Your Access InformationThe GlobalPass will provide you with certain information to allow you to use the The GlobalPass Solution, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to the The GlobalPassWebsite using the Access Information.7. Your Representations and WarrantiesYou covenant, represent and warrant that:you have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation;you will not permit anyone other than yourself or your authorized designate to obtain access to the The GlobalPass Solution through your The GlobalPass account or otherwise using your Access Information;you will only use the The GlobalPass Solution in accordance with this Agreement and Applicable Law;you will comply with all applicable intellectual property laws in your use of the The GlobalPass Solution and not infringe, violate or misappropriate the intellectual property rights of any third party;you will comply with any The GlobalPass Partner policies and procedures applicable to your Application;Your Data is true, accurate, current and complete, and if it becomes inaccurate, that you will promptly notify The GlobalPass or update Your Data on the The GlobalPass Solution;to the extent that you engaged a Recruiter to provide Your Data on your behalf for the purposes of using the The GlobalPass Solution: (A) that the Recruiter has a legitimate educational interest in access to your educational records and information (the “Educational Records”); and (B) in the U.S. the Recruiter may have access to such Educational Records subject to and in accordance with 34 F.R. 99.31(a)(1)(B);you will not solicit any immigration or visa related advice, at any stage of a visa application or proceeding (including prior to a visa application being made), from a Recruiter unless you have confirmed that the Recruiter complies with Applicable Law in the country to which you are applying and, if required, confirming that the Recruiter has a registration pursuant to such Applicable Law;you will not pay a related fee or other consideration to any unauthorized Recruiters for any immigration or visa related advice unless they have confirmed to you that they are qualified under Applicable Law;you will be solely responsible for all activities with respect to the The GlobalPass Solution undertaken by you or your designates;you will not use the The GlobalPass Solution to provide commercial services to, or for the benefit of, any third party;you have the right and the authority to enter into this Agreement, to grant the rights and licences referred to in this Agreement, to use the The GlobalPass Solution, and to post or upload any content to The GlobalPass’s website or otherwise provide such content and Your Data to The GlobalPass;you have all legal rights necessary to use the The GlobalPass Solution, both in the jurisdiction in which you are located and in the jurisdiction where the The GlobalPass Partner you are applying to is located, including the right to access the Content, and the right to make the Application and provide Your Data;you are not located in a country that is subject to a Canadian or U.S. Government embargo or sanctions that would prevent your from becoming a student;you are not listed on any Canadian or U.S. Governmental or Regulatory Authority lists of prohibited or restricted parties;you agree to obtain all authorizations necessary from all third parties for your use of any third-party data in conjunction with the The GlobalPass Solution;you will ensure that your use of the The GlobalPass Solution does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including The GlobalPass and other users of the The GlobalPass Solution (including by ensuring that you do not upload any viruses or other harmful code in using the The GlobalPass Solution or by placing an undue burden upon the CPUs, servers or other resources used to provide the The GlobalPass Solution);you will not in any way use the The GlobalPass Solution to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;you will not interfere with or in any manner compromise any of The GlobalPass’s security measures;you will not alter, modify, delete, or otherwise interfere with or in any manner compromise any Content or features accessible through the The GlobalPass Solution, including, the forms, Content delivery and display functionality of the The GlobalPass website;you will cooperate with The GlobalPass and provide information requested by The GlobalPass to assist The GlobalPass and any Governmental or Regulatory Authorities in investigating or determining whether there has been a breach of this Agreement or Applicable Law; andyou will comply with the terms and conditions of any agreements entered into between you and any third party (including the The GlobalPass Partners, the service providers for any Internet services you use in conjunction with the The GlobalPass Solution, and the hardware providers for any mobile device or other computing equipment through which you use the The GlobalPass Solution), and to the extent that such agreements impose additional restrictions respecting your use of the The GlobalPass Solution (whether by reason of usage limitations or otherwise), you will use the The GlobalPass Solution in compliance with such restrictions.8. Restrictions and Limitations on Your Use of the The GlobalPass SolutionAccess to ProgramsYou acknowledge that only certain The GlobalPass Partners have agreements with The GlobalPass to enable you to make an Application to such The GlobalPass Partners through the The GlobalPass Solution, and that not all educational study programs of such The GlobalPass Partners may be offered as being Programs available to you using the The GlobalPass Solution.Usage PoliciesThe The GlobalPass Solution will be subject to the usage policies as provided to you by The GlobalPass from time to time, including in electronic form by posting on The GlobalPass’s website. Such policies may include limitations on data storage space, and equipment and/or software requirements. You are solely responsible for compliance with such policies.EquipmentYou are solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the The GlobalPass Solution (except for The GlobalPass’s computer systems and networks), including your choice and use of your Internet Service Provider.Data Integrity and Back-upYou acknowledge and agree that The GlobalPass cannot guarantee data integrity, and that it is solely your responsibility to back-up any of Your Data that you use in conjunction with the The GlobalPass Solution.Not for Time Sensitive ApplicationsThe The GlobalPass Solution is not developed or licensed for use in any inherently dangerous, time-sensitive, or mission critical manner.Restrictions on The GlobalPass Website UseYou will not:copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the The GlobalPass Solution, or any part thereof;distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the The GlobalPass Solution, in whole or in part, to any third party on a temporary or permanent basis;remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice);use the Solution in any way inconsistent with the use parameters for the The GlobalPass Solution;attempt to hack the The GlobalPass Solution or any communication initiated by or made through the The GlobalPass Solution or to defeat or overcome any encryption or other technical protection methods implemented with respect to the The GlobalPass Solution, data or Content or programming transmitted, processed or stored by The GlobalPass or other users of the The GlobalPass Solution;collect any information or communication about the users of the The GlobalPass Solution, by monitoring, interdicting or intercepting any process of or communication initiated by the The GlobalPass website or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the The GlobalPass Solution or any computer system or that are designed to monitor, distort, delete, damage or disassemble the The GlobalPass Solution or its ability to communicate and perform the Services; orauthorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in this Section 8, or attempting to do so.9. Changes to Terms and Conditions; Changes to The GlobalPass Solution; Right to Edit and Remove Your Data; Suspension or TerminationChanges to Terms and ConditionsThe GlobalPass reserves the right to change these Terms and Conditions at any time without notice. Your continued access to or use of the The GlobalPass Solution after any changes to these Terms and Conditions indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly.Changes to the The GlobalPass SolutionThe GlobalPass reserves the right to change, suspend or discontinue the The GlobalPass Solution at any time, including the availability of any Content at any time, and from time to time, without notice offered by The GlobalPass.Right to Edit and Remove Your DataNotwithstanding anything to the contrary herein, The GlobalPass reserves the right to review Your Data stored in files or programs on The GlobalPass’s servers to verify your compliance with this Agreement. The GlobalPass has the right to edit or remove any of Your Data that, in The GlobalPass’s sole discretion, The GlobalPass believes may be unlawful, obscene, abusive, or otherwise objectionable.Suspension or TerminationThe GlobalPass may impose limits on the The GlobalPass Solution or terminate or restrict your access to parts or all of the The GlobalPass Solution without liability. Where feasible, The GlobalPass will provide you with advance notice of such changes, limitations or discontinuance; however, you acknowledge that such notice may not be feasible in all circumstances, and that The GlobalPass will have no liability whatsoever for its failure to provide such notice to you.The GlobalPass reserves the right to revoke your access to the The GlobalPass Solution for any abusive conduct or fraudulent use of the The GlobalPass Solution and to cease the The GlobalPass Solution temporarily or permanently, if your use of the The GlobalPass Solution constitutes, in The GlobalPass’s sole discretion, a threat to The GlobalPass or any third party’s computer systems, networks, files, materials or other data, or a breach of this Agreement.Without limiting other remedies, The GlobalPass may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide The GlobalPass Solution to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) The GlobalPass is unable to verify or authenticate any information you provides; or (c) The GlobalPass believes that your actions may cause financial loss or legal liability for you, The GlobalPass Partners, other users or The GlobalPass. The above-described actions are not The GlobalPass’s exclusive remedies and The GlobalPass may take any other legal, equitable or technical action it deems appropriate in the circumstances. The GlobalPass will not have any liability to you or any third party in relation to the termination of this Agreement for any reason whatsoever.InvestigationsThe GlobalPass reserves the right to investigate suspected violations of this Agreement.You will cooperate with: (A) Governmental or Regulatory Authorities in the investigation of suspected criminal violations; (B) The GlobalPass Partners investigating academic fraud or other misdemeanours, relating to your Application or otherwise; and (C) system administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable The GlobalPass to enforce the terms and conditions of this Agreement.10. Your Obligation to Report ErrorsYou will promptly and accurately report to The GlobalPass any actual or apparent errors, problems, nonconformities or other difficulties with the The GlobalPass Solution, along with any other information reasonably requested by The GlobalPass to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consent to the collection, processing, transmission and disclosure of such information by The GlobalPass for the purposes of The GlobalPass’s internal use to improve the The GlobalPass Solution or other The GlobalPass products or services.11. SubmissionsAny suggestions, bug reports or other communications respecting the functionality of the The GlobalPass Solution or The GlobalPass’s website that you transmit to The GlobalPass by any means (each, a “Submission”), are considered non-confidential and may be disseminated or used by The GlobalPass or any third party without compensation or liability to you for any purpose whatsoever, whether for inclusion as part of the The GlobalPass Solution or otherwise.You hereby grant The GlobalPass, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including for promoting, improving and developing the The GlobalPass Solution. This provision does not apply to Personal Information that is subject to The GlobalPass’s Privacy Policy.12. Fees, Payment and TaxesFeesYou will pay all applicable fees in connection with the The GlobalPass Solution, as set forth in The GlobalPass’s standard price list, as set forth on The GlobalPass’s website or as otherwise provided to you. Fees are quoted and payable in Canadian dollars for Canadian related Applications and USD U.S. related Applications.The GlobalPass may require you to pay an Application processing deposit depending on the country from which you are applying, other characteristics applicable to applicants, and the related likelihood of an Application being successful due to Governmental or Regulatory Authority visa approvals. The details regarding the Application processing deposit and countries to which it will apply may be viewed on the The GlobalPass website, and may be changed by The GlobalPass from time to time. The situations where an Application processing deposit is refundable and situations where an Application processing deposit will NOT be returned to you are set out on the The GlobalPass Website. THE SITUATIONS WHERE AN APPLICATION PROCESSING DEPOSIT WILL NOT BE RETURNED TO YOU INCLUDE THE FOLLOWING SITUATIONS, IF: (A) YOU FAIL TO PROVIDE THE REQUIRED DOCUMENTS TO PROCESS THE APPLICATION; (B) YOUR VISA APPLICATION IS REJECTED; OR (C) YOU CANCEL YOUR APPLICATION BEFORE AN ADMISSION DECISION IS RECEIVED.Certain fees charged by The GlobalPass under this Agreement are set by The GlobalPass Partners or other third parties, and The GlobalPass has no control over the fee amount, but simply remits such fee directly to the applicable The GlobalPass Partner or third party, and that payment obligations are therefore non-cancellable and fees paid are non-refundable.The GlobalPass reserves the right to modify such fees, upon reasonable notice, which may be performed by updating The GlobalPass’s standard price list, as set forth on The GlobalPass’s website.Your use of the The GlobalPass Solution following such changes constitutes your acceptance of any new or increased charges.Fee PaymentWhere you pay fees by means of a credit card, you authorize The GlobalPass or its third-party payment processor to automatically charge you for any and all fees incurred by you for The GlobalPass Solution. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.The foregoing will not limit The GlobalPass’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you will also be responsible for paying for all reasonable fees and costs incurred by The GlobalPass, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.Without limiting the foregoing, The GlobalPass reserves the right not to process any Application or portion thereof prior to obtaining full payment of fees from you.Interest on Late PaymentsIn addition to any other rights and remedies available to The GlobalPass, The GlobalPass will be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, such interest commencing as of the due date for such payment.TaxesYou are responsible for, and will pay all taxes relating to this Agreement, excluding any taxes based on the net income of The GlobalPass. Unless otherwise indicated, all amounts payable by you under this Agreement are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the The GlobalPass Solution, the execution of this Agreement or otherwise.If you are required to withhold any taxes from payments owed under this Agreement, the amount of payment due will automatically be increased to offset such tax, so that the amount actually remitted to The GlobalPass will equal the amount due.You will promptly furnish The GlobalPass with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.13. Confidential InformationYou must keep the terms of this Agreement and all information provided by The GlobalPass confidential, except to the extent required to perform the Recruitment Services.You acknowledge that, during the course of the term of this Agreement, you may be exposed to Confidential Information.At all times during the Term and at all times following termination of this Agreement, whether voluntary or involuntary:you will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of the Confidential Information, and will not directly or indirectly, disclose, allow access to, transmit or transfer any Confidential Information to a third party without the knowledge and express written consent of The GlobalPass;you will not use, disclose or reproduce the Confidential Information except as reasonably required in the receipt of the Services and with the knowledge and express written consent of The GlobalPass; andyou will advise The GlobalPass immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information of which you may become aware.Subject to The GlobalPass’s ability to disclose Your Data as permitted under this Agreement, The GlobalPass will use reasonable commercial endeavours to safeguard Your Data and keep it confidential, while Your Data is in The GlobalPass’s control, including implementing organisational and technical measures to protect your Personal Information. The GlobalPass may also retain and disclose Your Data to: (i) Governmental or Regulatory Authorities to the extent required by Applicable Law: (ii) its professional advisors to the extent required to: (A) enable The GlobalPass to fulfil its obligations pursuant to Applicable Law; or (B) defend or bring a claim relating to a breach of this Agreement.The nondisclosure obligations under this Agreement will not apply to information which a Party can establish:is, or becomes, readily available to the public other than through a breach of this Agreement;was disclosed, lawfully and without breach of any contractual or other legal obligation, to a Party by a third party without any confidentiality obligation attached to such information;was lawfully known to a Party without any confidentiality obligation prior to receipt of the information; orwas independently developed or discovered by a Party outside of the course of such Party’s performance of their obligations under this Agreement, without any reference to any Confidential Information obtained directly or indirectly from the disclosing Party.You will immediately return to The GlobalPass all Confidential Information which is in your possession or control upon the earlier of a request by The GlobalPass or the termination of this Agreement (whether voluntary or involuntary).Damages may not be an adequate remedy to compensate The GlobalPass for any breach of your obligations contained herein, and accordingly you agree that in addition to any and all other remedies available, The GlobalPass will be entitled to obtain relief by way of a temporary or permanent injunction to enforce your obligations.14. Intellectual PropertyThe The GlobalPass Solution is owned by The GlobalPass or its third-party licensors, who retain all right, title and interest therein. The The GlobalPass Solution is protected by Canadian, U.S. and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the The GlobalPass Solution. You do not acquire any intellectual property or other proprietary rights under this Agreement, including any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the The GlobalPass Solution, or any part thereof. Any rights not expressly granted under this Agreement are reserved to The GlobalPass or its third-party licensors.15. Term and TerminationThis Agreement will commence upon your acceptance of these Terms and Conditions on the The GlobalPass website.This Agreement may be terminated by either Party for any reason, without cause, upon 30 days’ written notice addressed to the other Party.This Agreement may be terminated by The GlobalPass immediately upon notice for cause if:you commit a material breach of this Agreement and fail to rectify the breach within 30 calendar days of The GlobalPass delivering notice of the breach; oryou commit a breach of any of your representations in this Agreement; orif The GlobalPass is prevented from providing any portion or all of the The GlobalPass Solution due to: (A) your acts or omissions in breach of this Agreement; (B) acts or omissions of any third party (including any The GlobalPass Partner); or (C) any Applicable Law or ruling issued in any form whatsoever by a Governmental or Regulatory Authority.16. Effect of Termination or ExpiryUpon any termination or expiry of this Agreement for any reason (whether by you or by The GlobalPass), you must cease all use of the The GlobalPass Solution.Termination or expiry of this Agreement, for any reason, will not affect your payment obligation for any fees accrued hereunder or payments owing prior to the effective date of termination or expiry.The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, including this Section 16, will do so.17. DisclaimersDISCLAIMER OF IMPLIED WARRANTIESTHE The GlobalPass SOLUTION, INCLUDING FOR GREATER CERTAINTY, THE CONTENT, AND REFERENCES, LINKS AND INFORMATION IN THE CONTENT, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.YOUR RELIANCE ON CONTENTThe GlobalPass HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU, AND YOU ACKNOWLEDGE THAT The GlobalPass HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING ANY ACTS OR OMISSIONS TAKEN BY YOU OR ANY OTHER USER OF THE The GlobalPass SOLUTION, INCLUDING HOW YOU OR ANY OTHER USER MAY INTERPRET OR USE CONTENT ACCESSED OR DEVELOPED THROUGH THE The GlobalPass SOLUTION, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO CONTENT OBTAINED THROUGH THE The GlobalPass SOLUTION.THE CONTENT ON THE The GlobalPass SOLUTION INCLUDES REFERENCES TO THIRD PARTIES, INCLUDING THE The GlobalPass PARTNERS, LINKS TO THIRD PARTY WEBSITES OR DOCUMENTS, AND INCORPORATES INFORMATION OBTAINED FROM THIRD PARTIES, INCLUDING The GlobalPass PARTNERS. CONTENT MAY ALSO BE CREATED BY The GlobalPass BASED ON SUCH THIRD PARTY INFORMATION, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO The GlobalPass.THE The GlobalPass SOLUTION MAY PROVIDE LINKS TO THIRD PARTY WEBSITES, INCLUDING, WITHOUT LIMITATION, THOSE OF EDUCATIONAL INSTITUTIONS. THESE LINKS ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND FOR THE CONVENIENCE OF OTHER USERS OF THE The GlobalPass SOLUTION. WE DO NOT ENDORSE THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED ON THOSE WEBSITES OR GUARANTEE THEIR QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. THE CONTENT IN ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND DOES NOT FORM PART OF THE The GlobalPass SOLUTION, AND IF YOU CHOOSE TO ACCESS ANY SUCH WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.The GlobalPass ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT PROVIDED THROUGH THE The GlobalPass SOLUTION.UNDER NO CIRCUMSTANCES WILL The GlobalPass BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH USE OF THE The GlobalPass SOLUTION, INCLUDING ANY THIRD PARTY LINKED SITE (INCLUDING ANY OPINIONS, STATEMENTS OR ADVICE).IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY CONTENT PROVIDED, AND USE OF THE The GlobalPass SOLUTION IS SOLELY AT YOUR OWN RISK.The GlobalPass WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY YOU OR ANY THIRD PARTY WHOSE CONTENT IS COLLECTED IN YOUR USE OF THE The GlobalPass SOLUTION, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO The GlobalPass’S USE OF YOUR DATA TO PROVIDE THE The GlobalPass SOLUTION.Control of Third PartiesThe GlobalPass has no control over The GlobalPass Partners or any other entity granting visas, admissions, permits or other authorizations in connection with the Application; you acknowledge that the success of your Application is solely within the control of such third parties, not The GlobalPass, and therefore release The GlobalPass from all liability in relation to your Application.Rejection of ApplicationsThe GlobalPass is not responsible in any way for your Application, mistakes in Your Data, or your failure to obtain entrance to your selected Program(s) or The GlobalPass Partner(s).Issues with The GlobalPass PartnersAll issues respecting Applications, Programs, and your failure to comply with The GlobalPass Partner policies, are solely as between you and the applicable The GlobalPass Partner, and The GlobalPass bears no responsibility or liability in relation to such matters.Inability to Access CountryYou are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities.Service ProvidersAlthough The GlobalPass has made reasonable efforts to verify that its agreements with its service providers are reasonably protective of Your Data, you acknowledge that The GlobalPass has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You therefore hereby release The GlobalPass from all liability for any governmental or third party action taken in such jurisdictions with respect to such information and data or the servers on which Your Data resides, and you acknowledge that you retain sole responsibility to back up and retain copies of such information and data.Unauthorized use of Access InformationThe GlobalPass is not responsible or liable in any way for any use of the The GlobalPass Solution (authorized or unauthorized) by any third party accessing the The GlobalPass Solution using your Access Information, and you accept all responsibility for such use of the The GlobalPass Solution and any consequences resulting from such use of the The GlobalPass Solution.Use for Time Sensitive ApplicationsYou agree that The GlobalPass will not be liable for any claims or damages arising from such use if you use the The GlobalPass Solution for a time sensitive use.Availability of the The GlobalPass SolutionThe GlobalPass WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE The GlobalPass SOLUTION.Applicable LawSome jurisdictions do not allow the exclusion of certain warranties or liability, so the above limitations or exclusions may not apply to you.VirusesThe downloading and viewing of Content is done at your own risk. The GlobalPass cannot and does not guarantee or warrant that the The GlobalPass Solution or the Content are compatible with your computer system or that the The GlobalPass Solution, or any links from the The GlobalPass Solution or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and your are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the The GlobalPass Solution.Communications Not Confidential or SecureThe GlobalPass does not guarantee the confidentiality of any communications made by your through the The GlobalPass Solution, over the internet or over the telephone. Although The GlobalPass generally adheres to the accepted industry practices in securing the transmission of data to, from and through the The GlobalPass Solution, you understand, agree and acknowledge that The GlobalPass cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the The GlobalPass Solution.18. Your IndemnitiesYou will indemnify, defend and hold harmless The GlobalPass, and all of its officers, directors, employees and agents, its parent company, subsidiaries and affiliates, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with:your access to the The GlobalPass Solution, and any reliance on any Content obtained by you through the The GlobalPass Solution; oryour unauthorized use or misuse of the The GlobalPass Solution; oryour breach of this Agreement; orthe infringement, violation or misappropriation by you, or any third-party obtaining access to the The GlobalPass Solution through your Access Information, of any intellectual property or other right of any third person or entity; oryour violation of any Applicable Laws.19. Limitation of LiabilityTo the maximum extent permitted under Applicable Law, in no event will The GlobalPass be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not The GlobalPass is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the The GlobalPass Solution.To the maximum extent permitted under Applicable Law, in no event will the total aggregate liability of The GlobalPass in connection with or under this Agreement or your use of, or inability to make use of, the The GlobalPass Solution, or for any other claim related in any way to your use of, or inability to make use of, the The GlobalPass Solution exceed the sum of $1,000 Canadian dollars. For greater certainty, the existence of one or more claims under this Agreement will not increase the maximum liability amount.Nothing in this Agreement limits The GlobalPass’s liability for fraud, personal injury or death to the extent found to be caused by The GlobalPass’s negligence or wilful misconduct.The limitations in this Section reflect the allocation of risk between the Parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.20. GeneralExcept as otherwise provided herein, the Parties rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.Force MajeureNeither Party will be liable for delays caused by any event beyond its reasonable control, except non-payment of amounts due under this Agreement will not be excused by this provision.Contracting StatusNothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Parties. Except as expressly authorized by The GlobalPass in writing, you will neither act nor purport to be acting as the legal agent of The GlobalPass, nor enter into any agreement on behalf of The GlobalPass or otherwise bind or purport to bind The GlobalPass in any manner whatsoever.NoticesAny notices, reports or other communications required or permitted to be given under this Agreement will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to you or The GlobalPass at the respective addresses as advised in writing. Any such notices, reports, or other communications will be deemed to have been received by the Party to whom they were addressed: (i) upon delivery by hand, (ii) five business days after being sent by registered mail, (iii) upon delivery by courier, as evidenced by the courier receipt, (iv) upon successful receipt confirmation report after being sent by facsimile; or (v) if sent by email, upon receipt by the sender of a delivery receipt confirmation.No WaiverNo waiver by either Party of a breach or omission by the other party under this Agreement will be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party will not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.SeverabilityIf any one or more of the provisions of this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision will be severable from this Agreement, in which event this Agreement will be construed as if such provision had never been contained herein.Governing LawThis Agreement will be governed by and construed under the laws of the Province of Ontario, Canada. The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles will not apply. The The GlobalPass Solution are intended for use only in jurisdictions where they may be lawfully offered for use.Except as restricted by Applicable Law, Recruiter hereby consents to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the The GlobalPass Solution.Entire Agreement/ModificationThis Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements and understandings relating to the subject matter hereof.Electronic AgreementYou acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by The GlobalPass to show your acceptance of this Agreement and/or your agreement to use the The GlobalPass Solution), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the The GlobalPass Solution, including the Application. Furthermore, you hereby waive any rights or requirements under any Applicable Laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under Applicable Law. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.English languageIt is the express will of the Parties that this Agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.21. ContactAny questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to The GlobalPass or its business, should be directed to The GlobalPass at: We use your personal data to check your identity to protect against fraud, keep to financial- crime laws and to confirm that you are eligible to use our services. We also use it to help us better understand your financial circumstances and manage fraud risks related to your Stellar account.HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL DATA TO PROTECT AGAINST FRAUDIf you have switched on location services in the Stellar app and your mobile phone tells us that you're in the United Kingdom, but your Stellar Card is being used in Spain, we may not process that transaction.Our legal basis is one or more of the following:keeping to contracts and agreements between you and us;legitimate interests (to develop and improve how we deal with financial crime and meet our legal responsibilities); orlegal obligations.MARKETING AND PROVIDING NEW PRODUCTS AND SERVICES THAT MIGHT INTEREST YOUWe use your personal data to do the following:provide you with information about other products and services we offer that are similar to those you have already used (or asked about, where allowed by law).provide you with information about our products or services which we think you might be interested in. To help us do this, we may use information about you to help us better understand your interests. You can opt out of this by using the privacy settings in the Stellar app or by emailing our Data Protection Officer at dpo@ Stellar.com.if you agree, provide you with information about our partners’ promotions or offers which we think you might be interested in.if you agree, allow our partners and other organisations to provide you with information about their products or services.measure or understand the effectiveness of our marketing and advertising, and provide relevant advertising to you.ask your opinion about our products or services.process applications for products and services available through us, and make decisionsabout whether to approve applications.Remember, you can ask us to stop sending you marketing information by adjusting your marketing choices (the Do you use my information for marketing? section below explains how to do this).HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL DATA FOR MARKETINGIf you are a Stellar customer, we may contact you about optional extras or promotional offers. We may use personal data we gather about you through your use of our services to tailor these offers to you.Our legal basis is one or more of the following:
legitimate interests (to develop our products and services, define types of customers for new products or services, and to be efficient about how we meet our legal and contractual duties); orconsent (for you to receive marketing from other organisations).TO KEEP OUR SERVICES UP AND RUNNINGWe use your personal data to manage our website and the Stellar app, (including troubleshooting, data analysis, testing, research, statistical and survey purposes), and to make sure that content from our website is presented in the most effective way for you and your device. For more information, please see our Cookies Policy.We also use your personal data to allow you to take part in interactive features of our services, to tell you about changes to our services, and to help keep our website and the Stellar app safe and secure.HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL DATA TO RUN OUR SERVICESIf any changes we make to our services affect you, we'll normally contact you using the email address you gave us when you signed up, or through the Stellar app, to tell you about the changes.Our legal basis is one or more of the following:keeping to contracts and agreements between you and us;legitimate interests (to be efficient about how we meet our obligations and keep to regulations that apply to us); orconsent (where required by law).HELPING WITH SOCIAL INTERACTIONSWe use your personal data to help social interactions through our services or to add extra functions in order to provide a better experience.HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL DATA FOR SOCIAL INTERACTIONSWe'll let you know if any Stellar customers are in the same area as you (if you and they have location services switched on).If you give us permission, we'll use the contacts list on your phone, so you can easily make payments to your contacts using the Stellar app or upload photos to your savings vaults in the Stellar app.Our legal basis is one or more of the following:legitimate interests (to develop our products and services and to be efficient in meeting our obligations); orconsent (to access information held on your phone (for example, contacts in your contacts list), to track you when you have location services switched on).PROVIDING LOCATION-BASED SERVICES
We use your personal data to provide relevant advertising to you (for example, information on nearby merchants), to protect against fraud, and to let you know when any of your contacts who are Stellar customers are in the same area as you (if they have location services switched on).HERE'S AN EXAMPLE OF HOW WE USE YOUR LOCATION INFORMATIONIf you go abroad, the Stellar app may automatically tell you the exchange rate in that country. Our legal basis is one or more of the following:keeping to contracts and agreements between you and us;legitimate interests (to develop and market our obligations and keep to regulations that apply to us); orconsent (to track you when you have location services switched on).PREPARING ANONYMISED STATISTICAL DATASETSWe prepare anonymised statistical datasets about our customers’ spending patterns for forecasting purposes or to help governments in policy-making. These datasets may be shared internally or externally with others, including non-Stellar companies. We produce these reports using information about you and other customers. The information used and shared in this way is never personal data and you will never be identifiable from it. Anonymised statistical data cannot be linked back to you as an individual.Our legal basis is:legitimate interests (to conduct research and analysis, including to produce statistical research and reports); orlegal obligations.HERE'S AN EXAMPLE OF WHY WE MAY ANONYMISE YOUR PERSONAL DATASome countries ask us to report spending statistics and how money enters or leaves each country. We may provide anonymised statistical information that explains the broad categories of merchants that Stellar customers in that country spend their money with. We may also provide information about how Stellar customers top up their accounts and transfer money in that particular country. However, we will not provide any customer-level information. It will not be possible to identify any individual Stellar customer.MEETING OUR LEGAL OBLIGATIONS, ENFORCING OUR RIGHTS AND OTHER LEGAL USESWe may need to share personal data about you:with other organisations (for example, fraud-prevention agencies);if this is necessary to meet our legal obligations or in connection with legal claims; or to help detect or prevent crime.You can find out more in the Do you share my personal data with anyone else? section below. Our legal basis is one or more of the following:legitimate interests (to keep to laws and regulations that apply to us);substantial public interest (if we process your sensitive personal data to keep to legal requirements that apply to us); orlegal obligations.
6. Do you make automated decisions about me?Depending on the Stellar products or services you use, we may make automated decisions about you.This means that we may use technology that can evaluate your personal circumstances and other factors to predict risks or outcomes. We do this for the efficient running of our services and to ensure decisions are fair, consistent and based on the right information.Where we make an automated decision about you you have the right to ask that it is manually reviewed by a person. You can find out more about this in the What are my rights? section below.For example, we may make automated decisions about you that relate to:Approving credit applications:credit and affordability checks to see whether we can accept your credit application; orsetting credit limits.Opening accountsanti-money laundering and sanctions checks; andidentity and address checks.Detecting fraudmonitoring your account to detect fraud and financial crime. Our legal basis is one or more of the following:keeping to contracts and agreements between you and us; or legal obligations.7. Do you carry out credit checks about me?We and our lending partners will use credit-reference agencies (or other providers of credit information in relevant countries) to carry out credit checks on you if you apply (or tell us you want to apply) for a credit product through Stellar.We will also share your personal data with credit-reference agencies (or other providers of credit information) to:confirm details you have provided when you apply for products or services; make an assessment about whether to accept your credit application; or determine an appropriate credit limit for you.When you enter into a credit agreement with us we may continue sharing information with credit reference agencies or other providers of credit information (for example, information
about your repayments and whether you repay in full or on time).The personal data we share with and receive from credit reference agencies (or other providers of credit information) when you apply for, or use, a Stellar credit product will vary depending on the country you live in. We will provide full details when you apply for a Stellar credit product. For UK users onlyIf you are located in the United Kingdom, we may also check your credit history to help us develop and, in the future, offer credit products that meet the needs of our customers. This will enable us to pre-filter the credit products that you may be eligible for and, in some cases, let you know before you apply if you will be accepted for a Stellar credit product.However, if you would prefer that we do not use your data in this way you can use the privacy settings in the Stellar app to opt out.Credit-reference agencies will not store any of your information that we send them when we use their services for this purpose and these checks do not leave any ‘footprint’ (trace) whatsoever on your credit record held by the credit-reference agency.The three main credit-reference agencies Stellar uses are: TransUnion (www.transunion.com);Equifax (www.equifax.com); andExperian (www.experian.com).Our legal basis is one or more of the following:consent (where we are required to collect your consent by law);legal obligations;keeping to contracts and agreements between you and us (where you take out a credit product with us); orlegitimate interests (to develop and, in the future, offer credit products to our customers).8. How do you use my information for marketing?If you sign up to our services, and where allowed by law, we will assume you want us to contact you by post, email and SMS text message with information about Stellar products, services, offers and promotions. We may use the personal data we have collected about you in order to tailor our offers to you.You can adjust your preferences, or tell us you don't want to hear from us, at any time. Just use the privacy settings in the Stellar app or click on the unsubscribe links on any marketing message we send you.We won't pass your details on to any organisations outside the Stellar group of companies for their marketing purposes without your permission. You can find out more in the Do you share
my personal data with anyone else? section.Your rights9. What are my rights?The information below explains what rights you have and what those rights mean.You have the right to be told about how we use your personal dataWe provide this privacy policy to explain how we use your personal data.If you ask, we will provide a copy of the personal data we hold about you. We can’t give you any personal data about other people, personal data which is linked to an ongoing criminal or fraud investigation, or personal data which is linked to settlement negotiations with you. We also won't provide you with any communication we've had with our legal advisers.You can ask us to correct your personal data if you think it's wrong You can have incomplete or inaccurate personal data corrected. Before we update your file, we may need to check the accuracy of the new personal data you have provided.You can ask us to delete your personal dataYou can ask us to delete your personal data if:there's no good reason for us to continue using it;you gave us consent (permission) to use your personal data and you have now withdrawn that consent;you have objected to us using your personal data; we have used your personal data unlawfully; or the law requires us to delete your personal data.Just to let you know, we may not be able to agree to your request. As a regulated financial services provider, we must keep certain customer personal data even where you ask us to delete it (we've explained this in more detail below). If you've closed your Stellar account, we may not be able to delete your entire file because these regulatory responsibilities take priority. We will always let you know if we can't delete your information.You can object to us processing your personal data for marketing purposesYou can tell us to stop using your personal data for marketing.You can object to us processing other personal data (if we are using it for legitimate interests) If our legal basis for using your personal data is 'legitimate interests' and you disagree with us using it, you can object.However, if there is an overriding reason why we need to use your personal data, we will not accept your request.If you object to us using personal data which we need in order to provide our services, we may need to close your account as we won’t be able to provide the services. You can ask us to restrict how we use your personal dataYou can ask us to suspend using your personal data if:you want us to investigate whether it is accurate;our use of your personal data is unlawful but you do not want us to delete it;we no longer need the information, but you want us to continue holding it for you in connection with a legal claim; oryou have objected to us using your personal data (see above), but we need to check whether we have an overriding reason to use it.You can ask us to transfer personal data to youIf we can, and are allowed to do so under regulatory requirements, we will provide your personal data in a structured, commonly used, machine-readable format.You can withdraw your permissionIf you have given us any consent we need to use your personal data, you can withdraw your consent at any time by changing your privacy settings in the Stellar app or sending an email to dpo@ Stellar.com.(Note, it will have been lawful for us to use the personal data up to the point you withdraw your permission).You can ask us to carry out a human review of an automated decision we make about youIf we make an automated decision about you that significantly affects you, you can ask us to carry out a manual review of this decision.Your ability to exercise these rights will depend on a number of factors. Sometimes, we will not be able to agree to your request (for example, if we have a legitimate reason for not doing so or the right does not apply to the particular information we hold about you).10. How do I exercise my rights?To exercise any of your rights set out in the previous section, you can contact us through the Stellar app or send us an email at dpo@ Stellar.com.For security reasons, we can't deal with your request if we are not sure of your identity, so we may ask you for proof of your ID.Stellar will usually not charge you a fee when you exercise your rights. However, we are allowed by law to charge a reasonable fee or refuse to act on your request if it is manifestly unfounded or excessive.If you are unhappy with how we have handled your personal data you can complain to your local data protection authority. In the United Kingdom, this is the ICO (website). In the EU, there are national and regional data protection authorities (a list is available on this website).11. Do you share my personal data with anyone else? Stellar GROUP COMPANIES
We share your personal data within the Stellar group of companies in order to provide you with the best service.OTHER Stellar CUSTOMERSWe will ask you to let us sync your mobile phone contacts. This will help you to identify which of your trusted mobile phone contacts are Stellar customers. Your ‘trusted contacts’ will also be able to see if you are a Stellar customer through our ‘Payment with Friends’ functionality.‘Payment with Friends’ gives you access to Stellar features like requesting money from your friends, splitting bills, group vaults and paying other Stellar customers near you.We use technological safeguards to ensure a ‘trusted contact’ is somebody you already know and who knows you (for example, you have each other saved in each other’s mobile phone contacts lists or have already received or given money through a peer-to-peer payment with them).Both you and your trusted contact must have synced your mobile phone contacts lists with Stellar to be viewable to each other in the Stellar app.We only show your basic contact details in the Stellar app to your trusted contacts who are also Stellar customers (for example, your name (as saved in your friend’s contacts list), mobile phone number, Stellar username, your Stellar profile photo (if you have one)).You can, of course, choose not to sync your contacts list with Stellar. This means that you will not be able to identify which of your mobile phone contacts are Stellar customers.You can also turn off ‘Payments with Friends’ through the privacy settings in the Stellar app.PEOPLE OR COMPANIES THAT YOU TRANSFER MONEY TOWhere you make a payment from your Stellar account, we will provide the recipient with your details (for example, your full legal name and IBAN).SUPPLIERSThe information below explains which suppliers we normally share your personal data with and why.Suppliers who provide us with IT, payment and delivery servicesTo help us provide our services to you.Our banking and financial-services partners and payments networks, including Visa and MastercardTo help us provide our services to you. This includes banking and lending partners, banking intermediaries and international payment-service providers.Card manufacturing, personalisation and delivery companiesTo create and deliver your personalised Stellar Card.Analytics providers and search information providers To help us improve our website or app. Customer-service providers, survey providers and developersTo help us to provide our services to you.Communications services providersTo help us send you emails, push notifications and text messages.Debt collection agenciesTo manage and recover debts that you owe or may become owing if you have a Stellar credit product.THIRD PARTY PAYERSWe may share your name with third parties that pay money into your Stellar account. This is necessary to confirm that the payment has been made to the correct account.PARTNERS WHO HELP TO PROVIDE OUR SERVICESWe may share your personal data with our partners in order to provide you with certain services you have asked us for (for example, when we offer overseas medical insurance as part of our Premium or Metal plans).If you are a Stellar Business customer, we may share your personal data with our partners (through the Stellar Business API) when you switch this function on through Stellar Connect. HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL DATA WITH OUR PARTNERSIf you have asked for insurance services, we will share your relevant personal data with the provider of our insurance services. The service provider will require your personal data to provide you with insurance.We will only share your personal data in this way if you have asked for the relevant service or it is provided as part of one of our plans.From time to time we may work with other partners to offer you co-branded services or promotional offers, and we will share some of your personal data with those partners. We will always make sure you understand how we and our partners process your personal data for these purposes.Our partners will have their own privacy policies explaining how they use your personal data. It's important that you read those privacy policies as well. For example, our third party insurance provider, White Horse Ireland dac, will process your personal data in accordance with its own privacy policy.CREDIT-REFERENCE AGENCIESAs set out in the Do you carry out credit checks about me? section, if you apply for a credit product, we'll share your personal data with credit-reference agencies to check whether you are likely to make repayments when due.OTHER FINANCIAL INSTITUTIONSWe may share your personal data with other financial institutions if requested. HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL DATA WITH OTHER FINANCIAL INSTITUTIONSIf you have activated ‘Open Banking’ through an account you hold with another financial institution and given them permission, we will share data from your Stellar account with that financial institution.We may also share your personal data with other financial institutions where you do not ask us to. For example:if you make an outbound payment, we share information about you alongside your payment. This is because we, like all payment institutions, are required by law to include certain information with payments; andif a payment is made to your account by mistake, we can share your information with the financial institution the payment came from. This will help the payer and the other financial institution to try and get the payment back themselves.FOR LEGAL REASONSWe also share your personal data with fraud-prevention agencies to check your identity, protect against fraud, keep to anti-money laundering laws and confirm that you are eligible to use our products and services.HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL DATA FOR LEGAL REASONSIf you give us false or inaccurate personal data and we identify fraud, we will let fraud- prevention agencies know. Law-enforcement agencies may check and use this personal data. If fraud is detected, you could be refused certain services, finance or employment. You can contact us through the Stellar app to ask us for details of the fraud-prevention agencies we may share your personal data with.We may also need to share your personal data with other third party organisations: if we have to do so under any law or regulation;if we sell our business;in connection with criminal or fraud investigations;to enforce our rights (and those of customers or others); or in connection with legal claims.SOCIAL MEDIA AND ADVERTISING COMPANIESHERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL DATA FOR ADVERTISING PURPOSESWe may share your personal data (your name, email address and app events) with our advertising partners in the ways described below, but the personal data is hashed before we send it, and the social-media platform we share it with is only allowed to use that hashed personal data in the ways described below.When we use social media for marketing purposes, your personal data may be shared with the social-media platforms so that they can check if you also hold an account with them. If you do, we may ask the advertising partner or social-media provider to:
use your personal data to send our adverts to you, because we think that you might be interested in a new Stellar product or service;not send you our adverts, because the marketing relates to a service that you already use; orsend our adverts to people who have a similar profile to you (for example, if one of our services is particularly useful to people with similar interests to the ones on your social- media profile, we may ask our advertising partner or social-media partner to send our adverts for that service to those people).An example of how we may use social media for marketing purposes is through Facebook’s ‘Custom Audience’ tool, the terms of which are available here.Our legal basis is:legitimate interests.You can contact us at any time, either through the Stellar app or by emailing dpo@ Stellar.com, if you do not want us to share your personal data for advertising purposes. You can also use the privacy settings in the Stellar app to opt out from having your personal data shared in this way.Remember you can also manage your marketing preferences directly with any social media provider that you have an account with.WHERE YOU ASK US TO SHARE YOUR PERSONAL DATAWhere you direct us to share your personal data with a third party, we may do so. For example, you may authorise third parties to act on your behalf (such as a lawyer, accountant or family member or guardian under a power of attorney).Stellar and your personal data12. Will my information go outside of the United Kingdom or Europe?As we provide an international service, we may need to transfer your personal data outside the United Kingdom or European Economic Area (EEA) in order for us to provide our services.For example, if you ask to make an international payment, we will send funds to banks outside of the United Kingdom or EEA. We might also send your personal data outside of the United Kingdom or EEA to keep to global legal and regulatory requirements, and to provide ongoing support services.We may share your personal data with credit-reference agencies and fraud-prevention agencies that are based outside of the United Kingdom or EEA.We will take all reasonable steps to make sure that your personal data is handled securely and in line with this privacy policy and data protection laws.
If you would like more information, please contact us through the Stellar app or by sending an email to dpo@ Stellar.com.13. How do you protect my personal data?We recognise the importance of protecting and managing your personal data. Any personal data we process will be treated with the utmost care and security. This section sets out some of the security measures we have in place.We use a variety of physical and technical measures to keep your personal data safe and prevent unauthorised access to, or use or disclosure of it. Electronic data and databases are stored on secure computer systems with control over access to information using both physical and electronic means. Our staff receives data protection and information security training. We have detailed security and data protection policies which staff are required to follow when they handle your personal data.While we take all reasonable steps to ensure that your personal data will be kept secure from unauthorised access, we cannot guarantee it will be secure during transmission by you to our app, a website or other services. We use HTTPS (HTTP Secure), where the communication protocol is encrypted through Transport Layer Security for secure communication over networks, for all our app, web and payment-processing services.If you use a password for the Stellar app or our website, you will need to keep this password confidential. Please do not share it with anyone.When you use our services, which includes our social network accounts and the Stellar Community forum, do not share any personal data that you don't want to be seen, collected or used by other customers, as this personal data will become publicly available.14. How long will you keep my personal data for?We will generally keep your personal data for six years after our business relationship with you ends or such period as may be required by applicable local laws. However, if you receive services from our Lithuanian group companies, Stellar Bank UAB or Stellar Payments UAB, we will keep your personal data for eight years after our business relationship with you ends.We are required to keep your personal data for this long by anti-money laundering and e-money laws. We may keep your personal data for longer because of a potential or ongoing court claim or another legal reason.15. How will you keep me updated on how you use my personal data?If we change the way we use your personal data, we will update this policy and, if appropriate, let you know by email, through the Stellar app or through our website.16. Do you use cookies on your websites?
We use cookies to analyse how you use our website. Please read the Cookies Policy for more information about cookies.
