Terms and Conditions
1. General
1 . 1.
These Terms and Conditions (the “Terms”) constitute a legal agreement (English Law applies and disputes will be settled by English courts) between you and Nexa Payment Ltd (referred to henceforth as “NEXA”, "NEXA Payment", “us”, “we”, “our”) and you agree to them by using the NEXA mobile application and/or NEXA website
1 . 2.
NEXA is a mobile application and nexapayment.com is a website, both of which are operated by Digisafer Ltd, 84 Wood Lane London W12 0BZ, a company (Companies House registration number 15034974) registered in England and Wales.
1 . 3.
NEXA is acting as an EMD Agent with Manigo Services Ltd (FRN:902808), an appointed representative of Monavate Ltd (FRN: 901097). Payment services are provided by Manigo. Manigo is a company registered in England and Wales under company number 09894618, with its registered office at One Canada Square, London E14 5AB. Manigo Ltd is authorised by the FCA as an "authorised electronic money institution" with respect to the issuance of e-money and certain payment services.
1 . 4.
The NEXA debit card is issued by Manigo pursuant to a licence by Mastercard International.
1 . 5.
This Agreement should be read in conjunction with our Privacy Policy for NEXA Application, which sets out further terms and conditions in relation to the provision of the services. Find our Privacy Policy for NEXA Application published below in this document.
1 . 6.
We do not guarantee that our service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our service for business and operational reasons at any time without notice. Where reasonably possible, we shall notify our customers of any potential interruption to our service.
1 . 7.
We amend these terms from time to time. We recommend you review these regularly to ensure you still agree and understand them. Where required and possible, we shall notify you of any major changes that may affect the service that we provide to you.
1 . 8.
Our website, product and service are constantly being updated, upgraded and may release new features in order to comply with the law and to provide a better service for our users. You acknowledge and agree that we may update and change our service offering from time to time. Where required and possible, we shall notify you of any major changes that may affect the service that we provide to you.
1 . 9.
By accepting the terms, you give permission to NEXA to analyse your transactions, display account balance information and any other information related to your transactions.
2 .
Applying for and activating your NEXA Card and NEXA Account
2 . 1.
To be issued with a NEXA Card and to use the NEXA Account you must be at least 18 years old and a UK resident. We also require essential information from you, such as your full name, Date of Birth, your residential address, evidence of your identity and your residential address and will carry out Know Your Customer (KYC) check on you electronically.
2 . 2.
All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
2 . 3.
You must sign the signature strip on the back of the NEXA Card as soon as it is received. You must activate your NEXA Card and NEXA account before you can access the funds. Your NEXA Account and NEXA Card can be activated by using NEXA app.
2 . 4.
When you apply for NEXA account and NEXA card, You will be asked to create a secure passcode for the NEXA app and PIN for your NEXA card. You are solely responsible for maintaining the confidentiality of your account passcode and card PIN, and you accept responsibility for all activity that occurs under your NEXA account and NEXA card.
2 . 5.
You agree that you will only create an account for yourself, not anyone else. We reserve the right to refuse your application of the NEXA account or NEXA card, and to cancel your NEXA account or NEXA card at any time if we suspect criminal activity on your account or any other reasons we may consider reasonable.
2 . 6.
You may only open one NEXA Account unless we have agreed in writing the opening of additional accounts. NEXA may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, NEXA may close or merge these duplicate accounts at its sole discretion.
3 .
Using Your NEXA Account and NEXA card
3 . 1.
All activities under a NEXA Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
3 . 2.
You must check your NEXA Account regularly and carefully and contact us immediately if you don’t recognise a transaction or think we have made a payment incorrectly. You must tell us about any unauthorised or incorrectly executed transactions immediately otherwise you may not be entitled to have any errors corrected.
3 . 3.
Your NEXA Account allows you to hold, send or receive electronic money/payments. A fee may apply for your NEXA account activities, please refer to NEXA's Fees and Limits Schedule. Certain minimum and maximum limits apply to your NEXA Account, such limits are detailed in NEXA's Fees and Limits Schedule. We reserve the right to refuse to accept any particular transaction if we suspect any fraudulent activity or in the event of other exceptional circumstances.
3 . 4.
The electronic money held on your NEXA Account will not earn any interest.
3 . 5.
You may hold your electronic money in any currencies which we support from time to time.
3 . 6.
The electronic money held on your NEXA Account belongs to the person or legal entity which is registered as the NEXA Account holder. You must not allow anyone to operate your NEXA Account on your behalf.
3 . 7.
You can use the NEXA Card at all locations that display the VISA acceptance mark, including shops, restaurants, online, or on the telephone, you are not, however, permitted to use the NEXA card and NEXA account for illegal purposes or to pay for certain types of transactions.
3 . 8.
You can also use your NEXA Card to make cash withdrawals at ATMs bearing VISA acceptance mark in the UK and Overseas. A fee may apply for your cash withdrawals, please refer to NEXA's Fees and Limits Schedule. ATMs may also charge you a separate fee that is out of the control of NEXA.
3 . 9.
You will need your PIN to make ATM cash withdrawals and to authorise CHIP and PIN retail purchases.
3 . 10.
Before using the NEXA Card you need to make sure there are sufficient funds in your NEXA account, your requested transactions may be declined otherwise. Like other payment cards, we cannot guarantee a retailer will accept your NEXA Card.
3 . 11.
You will not be able to use your NEXA Card after its expiry date.
3 . 12.
Your NEXA Card is not a credit card and is not in any way connected to your bank account. Funds held by us on your behalf are not deposits and you will not earn any interest on any funds loaded on your NEXA Account.
3 . 13.
Limits apply to daily ATM cash withdrawals, and other limits may be applied to the amount of spend and the number of transactions you can perform. NEXA's Fees and Limits Schedule and our Website for further details.
3 . 14.
We will deduct the value of your transactions from the balance on your NEXA Card as soon as they are made from your and NEXA Account. We will also deduct any applicable fees as soon as they become payable by you, NEXA's Fees and Limits Schedule for more information.
3 . 15.
If you dispute a transaction that has been processed in your and NEXA Account and NEXA card, you should contact the merchant first as this may lead to a quicker resolution. If the dispute cannot be resolved with the merchant, you should contact us. We will carry out an investigation and provide a resolution accordingly, provided you have kept your NEXA Card and PIN and NEXA Account secure, you have not acted fraudulently, or acted without reasonable care.
3 . 16.
The NEXA Card belongs to us. We may ask you to stop using your NEXA Card and return it to us or destroy it. We may at any time suspend, restrict or cancel your NEXA Card or refuse to issue or replace a NEXA Card for reasons relating to the following:
3 . 16 . 1. We are concerned about security of your NEXA account or NEXA Card we have issued to you;
3 . 16 . 2. We suspect your NEXA Card is being used in an unauthorised or fraudulent manner;
3 . 16 . 3. Or we need to do so to comply with the law.
3 . 17.
We may also refuse to authorise a transaction:
3 . 17 . 1. If we are concerned about security of your NEXA Card or NEXA Account or we suspect your NEXA Card or NEXA Account is being used in an unauthorised or fraudulent manner;
3 . 17 . 2. If there are insufficient funds on your NEXA Account at the time of a transaction to cover the amount of the transaction and any applicable fees;
3 . 17 . 3. If there is an negative balance on the NEXA Card and NEXA Account;
3 . 17 . 4. If we have reasonable grounds to believe that you are not using the NEXA Card or NEXA Account in accordance with the Terms;
3 . 17 . 5. If we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
3 . 17 . 6. Because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
3 . 18.
If we refuse to authorise a transaction, we will, if practicable, tell you why immediately unless it would be unlawful for us to do so. You may correct any information we hold and which may have caused us to refuse a transaction by contacting Customer Services.
4 .
Authorising Transactions
4 . 1.
Subject to the features of your particular NEXA Card or NEXA Account, the authorisation of a transaction can include authorising any single transaction, a series of transactions or recurring transactions (including transactions for an indefinite period) or pre-authorising future transactions of a certain or uncertain amount.
4 . 2.
A NEXA Card transaction will be regarded as authorised by you where you authorise the transaction at the point of sale by following the instructions provided by the merchant or retailer to authorise the transaction, which includes:
4 . 2 . 1. Entering your PIN or providing any other security code;
4 . 2 . 2. Signing a sales voucher;
4 . 2 . 3. Providing the NEXA Card details and/or any other details as requested;
4 . 2 . 4. Waving or swiping the NEXA Card over a card reader.
4 . 3.
A NEXA Card ATM cash withdrawal will be regarded as authorised by you when you insert your NEXA Card and enter your PIN to request a cash withdrawal at an ATM.
4 . 4.
A NEXA Account transaction will be regarded as authorised by you when you access your online account using your personal security details and submit a transaction request.
4 . 5.
Authorisation for a transaction may not be withdrawn (or revoked) by you once we have received it. However, the following transactions may be withdrawn if you give notice to the supplier (providing a copy of the notice to us):.
4 . 5 . 1. any transaction which is agreed to take place on a date later than the date it was authorised as long as notice was provided no later than the close of business on the business day before it was due to take place, e.g. a subscription
4 . 6.
We may charge you a fee if a transaction is revoked by you under this condition (NEXA's Fees and Limits Schedule).
5 .
Cancellation of your NEXA Card and NEXA Account
5 . 1.
We may cancel your agreement at any time:
5 . 1 . 1. If this agreement or your NEXA Card expires on a set date and we have not agreed to renew your card or this agreement;
5 . 1 . 2. If you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner;
5 . 1 . 3. If you act in a manner that is threatening or abusive to our staff, or any or our representatives;
5 . 1 . 4. If you fail to pay fees or charges that you have incurred or fail to put right any Shortfall due on your NEXA Account.
5 . 2.
We may also cancel your NEXA Card and NEXA Account immediately if we suspect fraud or misuse of your NEXA Card and NEXA Account, if we have any other security concerns or we need to do so to comply with the law. If we do this, we will tell you as soon as we can or are permitted to do so. In these circumstances, you must tell us what you want us to do with any unused funds within 3 months of the date we tell you your NEXA Account and NEXA Card is cancelled.
5 . 3.
You can cancel your NEXA Card and NEXA Account by contacting Customer Services. You should also cut your NEXA Card in half through the signature box, magnetic strip and CHIP. You will not be entitled to a refund of money you have already spent on transactions authorised or pending or any fees for use of the NEXA Card and NEXA Account before the NEXA Card and NEXA Account are cancelled or expires.
5 . 4.
This agreement shall terminate when your NEXA Card and NEXA Account is cancelled or expires and is not replaced.
6 .
Refunding Transactions
6 . 1.
You may be entitled to claim a refund in relation to transactions where:
6 . 1 . 1. The transaction was not authorised under this agreement;
6 . 1 . 2. We are responsible for a transaction which was incorrectly executed by us (see lost, stolen or unauthorised payment Clause);
6 . 2.
But you will NOT be able to claim back money you have lost where:
6 . 2 . 1. You gave us incorrect instructions, or we can prove that the bank we sent your payment to received it.
6 . 2 . 2. You purposefully did NOT keep your phone, card or PIN safe, or you were negligent in not keep them safe, or you gave them to someone else.
6 . 2 . 3. You acted fraudulently
7 .
Lost, Stolen or unauthorised payment
7 . 1.
You must always keep your NEXA Card safe and not let anyone else use it. You must also keep your PIN secret at all times, never disclose your PIN or security information to anyone. Security information includes your login and password details used to access your NEXA Account or any other website where your card details are stored.
7 . 2.
If you lose your NEXA Card or it is stolen, or you suspect that your PIN or password is known to an unauthorised person, you must notify us immediately by logging into your account and freeze your NEXA card, or by calling our customer service, your NEXA Card will immediately be cancelled and your NEXA Account will be frozen.
7 . 3.
If you believe any of your NEXA Card or NEXA Account transactions are unauthorised or incorrectly executed, you must notify us as soon as possible. If you ask us to do so, we will investigate any disputed transaction or misuse of your NEXA Card or NEXA Account and we may need more information and assistance from you.
7 . 4.
Provided you have not acted fraudulently we will refund the amount of any transactions which our investigations show are not authorised by you arising after you notify us of the loss, theft, misappropriation or unauthorised use of your NEXA Card or NEXA Account.
8 .
Your liability
8 . 1.
In the event that you do not use your NEXA Card or NEXA Account in accordance with these Terms and Conditions or we find that you are using the NEXA Card or NEXA Account fraudulently, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using your NEXA Card and NEXA Account and to recover any monies owed as a result of your activities.
8 . 2.
In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds in your NEXA Account for that transaction (a “Shortfall”), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the retailer where the NEXA Card was presented, in this circumstance we may seek the Shortfall from the retailer.
8 . 3.
You agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount. We may charge the amount of the Shortfall from any payment method which you may designate at that time, or against any funds which you may subsequently load onto your NEXA Account or on any additional NEXA Cards ordered by you. Until we are reimbursed the Shortfall amount, we may suspend your NEXA Card and NEXA Account and any additional NEXA Cards connected to you. In addition, we reserve the right to charge you an administration fee for each transaction that you make using your NEXA Card and NEXA Account that results in a Shortfall or increases the Shortfall amount on your NEXA Card.
9 .
Our liability
9 . 1.
Like other payment cards, we cannot guarantee a retailer will accept your NEXA Card, or that we will necessarily authorise any particular transaction. This may be because of a systems problem, something outside our reasonable control, to comply with legal and regulatory requirements, or because we have suspended, restricted or cancelled your NEXA Card or NEXA Account or refused to replace it in accordance with these Terms and Conditions. We shall not be liable in any event that a retailer refuses to accept your NEXA Card, or if we do not authorise a transaction, or if we cancel or suspend use of your NEXA Card and NEXA Account.
9 . 2.
From time to time, your ability to use your NEXA Card or NEXA Account may be interrupted, e.g., when we carry out maintenance. If this happens, you may be unable (a) to use your NEXA Card and NEXA Account to pay for purchases or obtain cash from ATMs and/or (b) to obtain information about the funds available in your NEXA Account and/or about your recent transactions. We will not be liable for any loss arising from such interruptions.
9 . 3.
Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer including loss of revenue, goodwill, opportunity, or anticipated savings as a result of your total or partial use or inability to use your NEXA Card or NEXA Account, or the use of your NEXA Card or NEXA Account by any third party.
9 . 4.
We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your NEXA Card or through your NEXA Account. Remember that once you have used your NEXA Card or your NEXA Account to make a purchase we cannot stop that transaction.
9 . 5.
We are not responsible for any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing its usual service.
10 .
Changes to these Terms and Conditions
10 . 1.
We may change these Terms by notifying you by e-mail or other agreed means. The notices and up-to-date version of the NEXA Terms and Conditions will always be available on the Website. You should check the site regularly for such notices and changes.
10 . 2.
Unless you tell us that you do not agree to the change prior to the change being effective we will assume you accept such change. Any objections to our charges will be treated as notification that you wish immediately to terminate.
11 .
Our communication
11 . 1.
You must let us know as soon as possible if you change name, address, mobile number or e-mail address. If we contact, you in relation to your NEXA Card and NEXA Account we will use the most recent contact details you have provided to us. Any e-mail or push message sent to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us.
11 . 2.
If you have an enquiry relating to your NEXA Card and NEXA Account, contact Customer Services. We will deal with your enquiry promptly.
12 .
Data protection
12 . 1.
We will process and retain personal data in order to open, administer and run your NEXA Account . We will transfer your personal data within our groups of companies and to other third parties in order to issue and run your NEXA Account . We will transfer your personal data, including details of your transactions, within our group of companies and to the Distributor to carry out, monitor and analyse our relevant business. If we transfer your information to third parties outside of the European Union we will take steps to ensure that the third party agrees to apply the same levels of protection that apply in the UK.
12 . 2.
If you have agreed, we or other third parties may also contact you to let you know about services that are of interest to you. You can contact us if you don’t want to receive any marketing materials from us or other third parties.
12 . 3.
We may check personal information with fraud protection agencies and other organisations and we may get information about you from recognised agencies to verify your identity. A record of such enquiries may be left on your file.
12 . 4.
We will tell fraud prevention agencies if you give us false or inaccurate information and we suspect fraud.
12 . 5.
We may monitor and/or record telephone calls we have with you to help us maintain and improve the quality of the service we provide to you.
13 .
Complaints
There are three ways you can make a complaint:
1. Speak to NEXA’s Customer service team on the phone TBA
2. Email: info@nexapayment.com
3. Send your complaint to:
NEXA Payment Limited
84 Wood Lane
London
W12 0BZ
What happens after I make a complaint?
NEXA will:
Confirm receipt of your complaint via email within 24 hours
Ask for any extra information if we need it
Investigate your case
Email you to explain what actions we took and why
NEXA aims to resolve the complaint within five business days. Occasionally, responses may take up to 15 days (or 35 days if there are exceptional circumstances).
If a complaint needs to be escalated or falls under exceptional circumstances, you will be notified by the Customer Operations Team.
What if I’m not happy with the response?
We’re sorry if you’re not happy with the decision we’ve taken. If you wish to take your complaint further, you can ask the Financial Ombudsman Service to look into it for you.
The Financial Ombudsman is a free, independent service for resolving disputes between customers and financial services institutions. You’ll need to contact them within 6 months of our final response.
Ways to contact the Financial Ombudsman Service:
Online: www.financial-ombudsman.org.uk
Email: complaint.info@financial-ombudsman.org.uk
Mail: The Financial Ombudsman Service Exchange Tower, London, E14 9SR
Phone: 0800 023 4 567 (free), 0300 123 9 123, weekdays from 8:00am–8:00pm (GMT), and on Saturday from 9:00am–1:00pm (GMT)
14.
Compensation and fund protection
The NEXA Card and NEXA Account is an electronic money product and although it is a product regulated by the Financial Conduct Authority, it is not covered by the Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with the NEXA Card and NEXA Account. We ensure that any funds received by you are held in a segregated account so that should we become insolvent your funds will be protected against claims made by creditors.
15 .
Assignment
15 . 1.
You may not transfer or assign any rights or obligations you may have under these Terms and Conditions to any other person without our prior written consent.
15 . 2.
We may assign the benefit and burden of these Terms and Conditions to any other person at any time on giving you 2 months prior notice of this. If we do this, your rights will not be affected.
16 .
Governing law
This agreement is concluded in English. These Terms and Conditions will be construed in accordance with English law and the exclusive jurisdiction of the English courts.
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NEXA's Fees and Limits Schedule
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TBA
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NEXA Exchange Rate & Fees:
Whenever you make a money currency exchange using NEXA, we use our simple and transparent pricing formula of rate + fee (if one applies) = total cost.
We use the NEXA rate for money currency exchanges. Here at NEXA, the exchange rate provided to customers is based on the best rate NEXA could get from the FX market for our customers. This is a variable exchange rate (which means it is constantly changing).
The customers will receive the NEXA rate for money currency exchanges between 08:00 to 18:00 (BST) Monday to Friday. After those hours, an evening and weekend exchange fee of 1% will apply.
NEXADebit Card Charges
TBA
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Privacy Policy – NEXA Application
The protection of your personal data during the collection, processing and use of our APP is an important concern for us. Before using the NEXA APP, please read this Privacy Policy carefully. This Privacy Policy sits in line with UK`s Data Protection Act (DPA) and the General Data Protection Regulation (GDPR)
The Controller
The responsible entity within the meaning of the DPA and the GDPR is:
NEXA Payment Ltd
84 Wood Land London, W12 0BZ
E-Mail: info@nexapayment.com
Collection and processing of data
Personal data is only collected if you provide this information voluntarily, for example as part of a registration, login or enquiry. Only data that is required to fulfil the functionality of the NEXA APP will be collected. The data is only collected and processed for a specific purpose.
Your Rights
Your Rights：
Right to information (Art. 15 GDPR),
Right to rectification or erasure (Art. 16 and Art. 17 GDPR),
Right to restriction of processing (Art. 18 GDPR),
Right to object to processing (Art. 6(1)(e) or (f) GDPR),
Right to data portability (Art. 20 GDPR).
You also have the right to lodge a complaint with a data protection supervisory authority. Alternatively, you can also contact the UK`s supervisory authority, which is: The Information Commissioner`s Office (ICO) located at Wycliffe House, Water Ln, Wilmslow SK9 5AF, UK (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO.
Relevant legal basis
In accordance with Article 13 of the GDPR, we inform you of the legal basis for our data processing. If the legal basis is not stated, the following applies:
The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR,
The legal basis for processing in order to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) GDPR,
The legal basis for processing in order to fulfil our legal obligations is Art. 6(1)(c) GDPR, and
The legal basis for processing in order to protect our legitimate interests is Art. 6(1)(f) GDPR.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
Installation of our APP
Our APP can be downloaded from the NEXA APP stores “Google Playstore” and “Apple App Store”. Downloading our APP may require prior registration with the respective APP store and installation of the NEXA APP store software.
APP installation via the Google Playstore
You can use the Google service “Google Play” of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland, to install our APP.
As far as we are aware, Google collects and processes the following data;
License check,
network access,
network connection,
WLAN connections
Location information,
It cannot be ruled out that Google also transmits the information to a server in a third country. We cannot influence which personal data Google processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Google as the operator of the Google Play Store. You can find more detailed information in Google’s privacy policy, which you can access here:https://policies.google.com/privacy.
APP installation via the Apple App App Store
You can use the Apple App service “App Store” a service of Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill Ln, Knocknaheeney, Cork, Ireland, to install our APP.
You can use the Apple App service “App Store” a service of Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill Ln, Knocknaheeney, Cork, Ireland, to install our APP.
As far as we are aware, Apple collects and processes the following data;
device identifiers,
IP addresses,
Location information,
It cannot be excluded that Apple also transmits the information to a server in a third country. This could in particular be Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014. We cannot influence which personal data Apple processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store. You can find more detailed information in Apple’s privacy policy, which you can access here: https://www.apple.com/legal/privacy/.
Device information
We collect information from and about the device(s) you use to access our APP, including hardware and software information such as IP address, device ID and type, device-specific and APP settings and properties, APP crashes, advertising IDs (such as Google’s AAID and Apple’s IDFA), both randomly generated numbers, information about your wireless and mobile network connection such as your service provider and signal strength; information about device sensors such as accelerometer, gyroscope and compass.
Special category Data
We may need to process sensitive information about you. This is information that can reveal a person’s:
racial or ethnic origin
political opinions
religious or philosophical beliefs
trade union membership
genetic or biometric data (if used for identification purposes)
information concerning a person’s health, sex life or sexual orientation
According to the DPA and the GDPR we need a second lawful basis to use special category data. This is typically your explicit consent, or exercising legal rights establishing, defending or exercising legal claims or reasons of substantial public interest.
When you sign up for a NEXA account
When you sign up for a NEXA account we process and collect:
personal details like your name, date and place of birth;
contact details like your home address (and previous addresses), email and phone number;
information about your identity, such as a copy of your ID document, a selfie of yourself;
information about your right to live in the UK and your tax residency; and financial details.
details you give us when you sign up for a specific service;
details you give us which we pass to our partners when you let us know you’re interested in their services;
information you give us through in-app chat and emails; and
answers you give to surveys about us and our services.
Information we get from external sources
When you sign up for a NEXA account, we may search your record at:
credit reference agencies to verify your identity);and
fraud prevention agencies, KYC (Know Your Customer) and AML (Anti Money Laundering) service providers to fulfil our legal duties.
We may also collect information about you from public sources which may include: official public records, like the Electoral Register or Companies’ House; and information published by the press or on social media.
What if I’m not happy with the response?
details about payments to and from your NEXA account;
details about services from us and our partners that you show interest in;
details about how you use our app; and
When you contact us
If you contact us, we collect the following information so we can help:
the phone number you’re calling from and information you give us during the call (we record all calls);
the email address you use and the contents of your email (and any attachments); and
public details from your social media profile (like Facebook, Instagram or Twitter) if you reach out to us via these platforms, and the contents of your messages or posts to us.
How we share information
We share some user information with service providers and partners who help us operate the Services, and in some cases with legal authorities.
We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer support, marketing, advertising and security measures.
We may also share information with partners who distribute our services and assist us with advertising. For example, we may share limited information about you in hashed, non-human readable form with advertising partners.
We follow a rigorous vetting process before engaging a service provider or working with a partner. All our service providers and partners should commit to strict confidentiality.
We may transfer your information if we are involved in whole or in part in a merger, sale, acquisition, divestiture, restructuring, reorganisation, dissolution, bankruptcy or other change of ownership or control.
We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/legal investigation or other legal requirement; (ii) to assist in the prevention or detection of crime (in each case, subject to applicable law); or (iii) to protect the safety of any person.
We may also disclose information: (i) if disclosure would reduce our liability in actual or threatened litigation; (ii) if necessary to protect our legal rights and the legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activities, suspected fraud or other misconduct.
We may ask for your consent to share your information with third parties. In any such case, we will make clear why we want to share the information.
Sharing of non-personal information
We may use and share non-personal information such as device information, general demographic information, general behavioural information, geolocation in de-identified form, and personal information in hashed, non-human readable form in the above circumstances. We may also share this information with third parties (including, without limitation, advertisers) to develop and deliver targeted advertisements on our Services and on third party websites or applications and to analyse and report on the advertisements you see. We may combine this data with additional non-personal data or personal data in hashed, non-human readable form collected from other sources.
Uninstall
You can stop the collection of information by the NEXA APP by uninstalling it using the standard uninstall procedure for your device. When you uninstall the NEXA APP from your mobile device, the unique identifier associated with your device will still be stored. If you reinstall the NEXA APP on the same mobile device, we may again associate that identifier with your previous transactions and activities.
Storage period
Unless a more specific retention period is stated within this privacy policy, we will retain your personal data until the purpose for processing it no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.
Data Breaches/Notification
Databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Authorisations and Access
We may request access or permission to your internet connection from your mobile device. The legal basis for data processing is our legitimate interest and the provision of contractual or pre-contractual measures. You can your permissions at any time via Settings (iOS) or Settings Menu (Android).
Security measures
We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account in the development and selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings.
For security reasons and to protect the transmission of confidential content that you send to us as the provider, this platform uses TLS encryption (Transport Layer Security), or better known as SSL (Secure Sockets Layer), which is now obsolete. You can recognise the secure, encrypted connection to this platform by the identifier https:// of the entry in the URL line (address line) of the browser used and/or the green lock symbol. HTTPS stands for Hypertext Transfer Protocol Secure.
We would like to point out that data transmission on the Internet (e.g., when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
Cooperation with processors, joint controllers and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible persons or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission, users have consented, a legal obligation provides for this or on the basis of our legitimate interests.
If we disclose or transfer data to other companies in our group of companies or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, in addition, on a basis that complies with the legal requirements.
The personal data that we collect may be transferred to, and stored at, the Servers of Amazon Web Services (AWS) of 410 Terry Avenue North Seattle, WA 98109 United States. It may also be processed by staff who work for Amazon Web Services.
When you send a data subject access request
The legal basis for the processing of your personal data in the context of handling your data subject access request is our legal obligation and the legal basis for the subsequent documentation of the data subject access request is both our legitimate interest and our legal obligation.
The purpose of processing your personal data in the context of processing data when you send a data subject access request is to respond to your request. The subsequent documentation of the data subject access request serves to fulfil the legally required accountability.
Your personal data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the processing of a data subject access request, this is three years after the end of the respective process.
You have the possibility at any time to object to the processing of your personal data in the context of the processing of a data subject access request for the future. In this case, however, we will not be able to further process your request. The documentation of the legally compliant processing of the respective data subject access request is mandatory. Consequently, there is no possibility for you to object.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Push messages
The legal basis for Push messages is our legitimate interest. A push service is used to provide you with useful tips and information directly on your mobile device or similar devices. When we send a push message, we send the message with the corresponding IDs or tokens to the Push Notification Service. This then ensures that the push message is sent to the devices that wish to receive such a notification. Our legitimate interest is to be able to present current information to you directly. The personal data will only be processed as long as this is necessary for the provision of the function. You have the right to object. You can prevent your data from being processed further by deactivating the push service in the respective system settings of the operating system of your device.
Automated decision-making
We do not use automated decision-making or profiling.
Do Not Sell My Personal Information
We do not sell information that directly identifies you.
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so within your user account or contact us. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
Changes
This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.
Queries and Complaints
Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.
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