PRIVACY & COOKIES POLICY

1. WHO WE ARE

APEXX is a company registered in the United Kingdom, under company number 10131902, with its registered address at First Floor, 69 Turnmill Street, Farringdon, London EC1M 5RR.

We are responsible for the overall processing of your personal data and are a ‘data controller, which means we are responsible for your personal data unless otherwise stated. Our registration number with the Information Commissioner’s Office (ICO) is ZA267133. Our appointed Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this privacy policy, is FTI Consulting at 200 Aldersgate, Aldersgate Street, London, EC1A 4HD.

2. THE PERSONAL DATA WE MAY COLLECT FROM YOU

Most of the personal data we collect about you is provided to us directly by you, for example when you:

• Browse our website;
• Contact us directly, either via the contact form on our website, by email or phone;
• Request or register to receive information from us;
• Become an APEXX client;
• Create an account on our platform;
• Process a payment through our platform;
• Apply for an employment vacancy on our site; or
• Accept the use of Cookies on our site.

In order to understand more about you and to verify your identity, we may supplement and combine the personal data that we collect from you with other categories of data obtained from third parties or publicly available sources.

The personal data we may collect about you includes:

• Identification information including title, name, date of birth, gender, marital status, job title/position, education, employment history, professional account details (e.g. LinkedIn), your passport or other official forms of identification;
• Contact information including address, telephone number, email address and marketing preferences;
• Pre-employment vetting information including verification of address and qualifications, references, official forms of identification and right to work status;
• Financial and transactional information including bank account details, identifiers (e.g. National Insurance numbers) and payment card information;
• Identifiers assigned to your computer or other devices, including your device manufacturer and model, Internet Protocol (IP) address, online registration details and login credentials, browser type and version, time zone setting and location, browser plug-in types and versions, add-ons and the language version of the website you are visiting, operating system and platform;
• Usage information, including pages or other content you view, purchases you make, and the dates and times of your visits; and
• Any other information relating to you which you may provide to us.

By using our website, cookies may also be stored on your devices. More information on our use of cookies can be found in our Cookies Policy.

When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our services.

We also anonymise and aggregate personal data (meaning you are not identifiable) and use it for other purposes including research, data analysis, improving our website, testing our IT systems, improving our products and services or developing new products and services.

We do not intentionally collect any Special Categories of Personal Data (sensitive personal data) about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Children’s privacy protection

Our services are not designed for, or intentionally targeted at, anyone under the age of 18. We do not intentionally collect or maintain data about anyone under this age. If we become aware that we have collected Personal Data from someone under the age of 18, we will promptly delete it, unless we are legally obligated to retain such data. If you learn that a child has provided us with personal data in violation of this privacy policy, then you may alert us at privacy@apexx.global.

3. HOW WE USE THE INFORMATION

We will only use your personal data when the law allows us to. Examples of how we will use your personal data include:

• Assessing your enquiry to become an APEXX merchant or partner (as is necessary for our legitimate interests);
• Verifying your identity and conducting anti-fraud and anti-money laundering checks including without limitation KYC (Know-Your-Customer) and KYB (Know-Your Business) obligations and other financial reporting obligations mandated under law or by our payment service partners who may require us to report our compliance to third parties and submit to third party verification audits (as is necessary for our legitimate interests and/or as is necessary to comply with a legal obligation);
• As necessary for the performance of a contract to which you are a party or as required before entering into such a contract (as is necessary for our legitimate interests and/or as is necessary for performance of a contract between you and APEXX);
• For accounting, auditing, and billing activities (as is necessary for our legitimate interests);
• Providing you with any information that you request from us, including information on our company, products and services (as is necessary for our legitimate interests);
• Providing you with information about other products and services we offer that are similar to those you have already purchase or enquired about (as is necessary for our legitimate interests);
• Responding to any queries or support requests in respect of our products and services and also notifying you about any changes to our products and services and/or terms and conditions or policies (as is necessary for our legitimate interests, as is necessary for performance of a contract between you and APEXX and/or as is necessary to comply with a legal obligation);
• Managing and improving customer relationships and experiences (as is necessary for our legitimate interests and/or as is necessary for performance of a contract between you and APEXX);
• For legitimate human resources requirements including evaluating candidates for potential employment and storing resumes of unsuccessful applications for future vacancies in accordance with our Data Retention Policy (as is necessary for our legitimate interests);
• Ensuring the content from our website is presented in the most effective manner for you and your computer and to continually improve our website (as is necessary for our legitimate interests);
• Complying with obligations owed to a relevant authority (including taxation obligations) or regulator (as is necessary for compliance with a legal obligation and/or as is necessary for our legitimate interests)
• Conducting aggregate analysis and developing business intelligence that enables us to operate, protect, make informed decisions, and report on the performance of our business;
• Undertaking data analysis and research to improve our website, products and services and for developing new products and services tailored to our customers’ needs (as is necessary for our legitimate interests); and
• Administering and protecting our business and this website, including troubleshooting, testing, system maintenance, support (as is necessary for our legitimate interests and/or as is necessary for compliance with a legal obligation);
• Finding and preventing fraud and abuse, and responding to trust and safety issues that may arise;
• Facilitating transactions and payments; and
• For other purposes for which we provide specific notice at the time the information is collected.

Legitimate Interest means the interest of our business in conducting and managing our business in an effective, sustainable and customer focused way that enables us to give you the best products and services and the best and most secure experience while also protecting our business and always acting in compliance with applicable laws. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will obtain your consent before sending direct marketing communications to you via email including your express consent before we share your personal data with any third party for marketing purposes. You have the right to withdraw consent and unsubscribe from receiving these marketing communications at any time by following the instructions provided in the communication or otherwise contacting us. Even if you opt out of receiving marketing communications from us, you will continue to receive administrative messages from us.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds we are relying on to process your personal data.

4. SHARING YOUR PERSONAL DATA

We may share your personal data with third parties as set out below for the purposes set out in this policy:

• Any current or future affiliates;
• Service providers who provide identity and compliance verification services, website hosting, data analysis, IT support and system administration services;
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
• Payment service providers as is necessary for the performance of a contract between you and APEXX;
• HM Revenue & Customs, regulators and other authorities acting who require reporting of processing activities in certain circumstances;
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy; and
• Where we are under a duty to disclose to comply with any legal obligation or to protect the rights, property or safety of APEXX, our customers or other third parties. This includes exchanging information for the purposes of fraud protection and credit risk reduction and complying with any legal orders for disclosure and any requests from other public or governmental authorities.

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

If you would like further details regarding the third parties with whom we may share your personal data, or how they use your data, please contact us.

5. INTERNATIONAL TRANSFERS

Sharing your personal data with third parties (as presented in this policy) may mean your personal data is transferred to and processed in a destination that is outside the United Kingdom or the European Economic Area (EEA). It may also be processed by staff operating outside the UK or the EEA who work for APEXX or for one of our third-party suppliers.

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

• The country that we transfer personal data to is approved by the ICO or European Commission as providing an adequate level of protection for personal data. For further details, please refer to the ICO or European Commission websites on ‘Adequacy Decisions’.
• We have implemented additional safeguards to ensure the same level of protection is afforded to the personal data to be transferred outside the UK or EEA including conducting a data transfer risk assessment and ensuring the recipient agrees to enhanced contractual undertakings (for example, the ICO International Data Transfer Agreement or the International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers or the standard contractual clauses approved by the European Commission, in each case as appropriate).

Please contact us if you want further information about transfers of your personal data out of the UK or the EEA and/or the specific mechanism used by us when transferring your personal data out of the UK or the EEA.

6. DATA SECURITY

We are committed to ensuring your personal data is secure and have put in place appropriate administrative, technical and organisational security measures to prevent unauthorised disclosure, loss or misuse. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal data. . However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your personal data.

We follow the Payment Card Industry Data Security Standards (PCI DSS) when handling credit card data and are PCI DSS Level 1 compliant. We are also ISO 27001 certified demonstrating our commitment to adopting a best practice approach to information security.

We have put in place policies and procedures to respond in the event of any suspected or actual personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. HOW LONG WILL YOU RETAIN MY PERSONAL DATA?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for (as stated in this policy), including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and also the applicable legal, regulatory, tax, accounting or other requirements.

Where you have consented to use of your personal data for direct marketing communications, we will keep such data until you notify us otherwise or withdraw such consent.

In some circumstances you can ask us to delete your personal data. See ‘Your Rights’ below for further information.

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

8. YOUR RIGHTS

Under data protection laws, you have the following rights in relation to your personal data:

• Access – you have the right to obtain access to your personal data (known as a “data subject access request”). This enables you to receive a copy of the personal data we hold and check that we are lawfully processing it.
• Correct – you can require us to correct the personal data we hold about you if it is incorrect or incomplete. Please note we may need to verify the accuracy of the new data provided.
• Erase – you can ask us to delete or remove your personal data.
• Restrict/Stop Processing – you may request that we restrict processing of your data or cease processing altogether. Where we have asked for your consent to process personal data, you can withdraw such consent at any time. Where we process your data for our legitimate interests, you can request information about these.
• Transfer – you may request the transfer or your personal data to you or a third party. In such case we will provide you with your personal data in a structured, commonly used, machine-readable format.

If you wish to exercise any of your rights listed above, please contact us

Please note that these rights may be limited under applicable laws and are subject to technical feasibility.

Upon receipt of your request, we may require additional information from you to verify your identify and process your request. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Please note we have 30 days in which to respond to you but if your request is particularly complex or you have made a number of requests, it may take us longer, in which case we will notify you.

9. THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for, and make no representation or warranties regarding, the information on these websites or their privacy statements. We have no control or influence over what data these providers collect from you nor knowledge regarding the extent of their data processing. A link to a third-party website should not be construed as an endorsement by APEXX.

When you leave our website, we encourage you to read the privacy policy of every third-party website you visit.

10. CONTACTING US AND COMPLAINTS

If you: (i) have any queries or concerns about how we process your information; (ii) have any feedback regarding our Privacy Policy; (iii) want to exercise any of your rights as set out in this Privacy Policy including your right to request we update or stop using your personal data; or (iv) otherwise have a complaint, please contact us in the following ways:

Email address:privacy@apexx.global

Postal address: APEXX Fintech Limited, First Floor, 69 Turnmill Street, Farringdon, London EC1M 5RR, United Kingdom.

For data subjects located in the European Union, please see section 11 below. If you are not satisfied with our response, you also have the right to address your complaint to the ICO or the data protection authority in your country. More information on your rights under data protection legislation can be found on theICO website.

11. REPRESENTATIVE FOR DATA SUBJECTS IN THE EUROPEAN UNION

We have appointed FTI Consulting LLP (FTI) as our privacy representative and your point of contact as a data subject based in the European Union.

FTI gives you an easy way to exercise your rights (as noted in section 8 above). If you want to contact us via our representative FTI or exercise your data subject rights, please contact us in the following ways:

EU Legal Representative Name: Ana Jankov
EU Legal Representative Email Address: ana.jankov@fticonsulting.com
EU Legal Representative Postal Address: Bold Capital Management BV/ FTI Consulting Eduard van Beinumstraat 20 1077 CZ Amsterdam
EU Legal Representative Phone No. +32 460962318

12. CHANGES TO THIS PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES TO YOUR PERSONAL DATA

We may update our Privacy Policy from time to time by publishing an updated version on our website. Please check this page on occasion to ensure you are happy with any changes. If we make significant changes, we will make this clear on our website or by other means of contact such as email.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.