Privacy Policy

External Privacy Policy Notice

This Privacy Policy constitutes part of and should be read in conjunction with the Luxon Terms and Conditions and Cookie Policy Notice. This policy explains how we may collect, create, process, store, protect, disclose, share and transfer your Personal Data as part providing our Services and/or otherwise as part of our business operations.

We have defined some terms that we use throughout the Privacy Policy. You can find the meaning of a capitalised term in Section (19) Definitions below or as otherwise may be defined in this agreement.

“Personal Data” means any information that identifies or is reasonably capable of identifying an individual, directly, or indirectly, such as a name or identification number, an online identifier or other identifiable characteristics and other information that is being associated with an identified or reasonably identifiable individual.

Luxon may also collect, create, process, store, protect, disclose, share and transfer your Non-Personal Data as part providing our Services and/or otherwise as part of our business operations. For example, Luxon may use anonymised and aggregated transactional information for commercial purposes such as reviewing or analysing transaction data and patterns.

Please note that Luxon provides services to both individual consumers and businesses and this Privacy Policy applies to both and should be read and interpreted accordingly.

This Notice

This Notice is issued by Luxon Pay Ltd (No. BC1360780), with its registered office at Suite #229, 6030 88ST NW, Edmonton, Alberta, T6E6G4, Canada. (“Luxon Pay“, “Luxon” “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, other users of our Services, and visitors to our premises (together, “you”). For the purposes of this Notice, Luxon is the Controller.

As a Controller, Luxon is required to use appropriate security safeguards in order to protect Personal Information against loss or theft, as well as unauthorised access, disclosure, copying, use, or modification. This includes any Personal Information in our possession or custody and extends to Personal Information that has been transferred to a third party for Processing and we must ensure any third party process provides a comparable level of protection of Personal Data.

As a Controller, Luxon is required to use appropriate security safeguards in order to protect Personal Information against loss or theft, as well as unauthorised access, disclosure, copying, use, or modification. This includes any Personal Information in our possession or custody and extends to Personal Information that has been transferred to a third party for Processing and we must ensure any third party process provides a comparable level of protection of Personal Data.

This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in Applicable Law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice. You can always find the latest version of this Privacy Policy here on this page.

Luxon Express Users

Our Services may be accessed by individuals without a Luxon eWallet account. We will collect Personal Data from you even if you are a non-account holder when you use our Services, such as when you use pay through Luxon’s Express Service, , or when you receive a payment through our Services from account holders (“Recipient”). We use the term “you” to apply to account and non-account holders. If you are a non-account holder, your Personal Data will be used to provide the Services and in accordance with this Privacy Policy and the relevant Luxon Terms and Conditions.

Collection of Personal Data

We will only collect Personal Data relevant to the purpose for which it will be used, and which will be limited to what is necessary for that purpose.

Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:

• Data provided to us: We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your identity documents, or when you submit wage slips or other proof of funds documents, or when you provide other information required by Applicable Laws, or when you choose to provide us with information about your contacts or address book or provide information otherwise required by us to provide our Services).
• Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you).
• Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• App data: We collect or obtain Personal Data when you download or use any of our Apps.
• Site data: We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration details: We collect or obtain Personal Data when you use, and/or register to use, any of our Sites, Apps, or Services.
• Content and advertising information: If you interact with any third party content or advertising on our Site or in our App (including third party plugins and cookies) we receive Personal Data from the relevant third party provider of that content or advertising.
• Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; identity service providers; global PEP and Sanctions watchlists; etc.).

Please note that third parties you interact with may have their own privacy policies, and we are not responsible for their operations or their use of the data they may collect. Information collected by third parties is governed by their privacy practices and we are not responsible for unauthorized or unlawful third-party conduct. We encourage you to learn and understand the privacy practices of any relevant third parties you engage with.

Creation of Personal Data

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, Apps, or Services, including where those data are collected from different devices.

Categories of Personal Data we Process

We Process the following categories of Personal Data about you:

• Personal Identity Information: (such as given name(s), preferred name(s), gender, date of birth, age, nationality, title, language)
• Formal Identity Information: (such as government issued identity documents such as identity cards, passports, driving license and/or any other government issued or public information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.)
• Financial Information: (such as bank account and/or card details, routing number, location data and addresses, invoices, payment records, transaction history and/or other financial data)
• Transaction Information: (details of transactions on our Services, such as details of sender and receiver, amounts, timing and date, eWallet addresses)
• Employment Information: (such as job title, employer, location, proof of salary and/or earnings)
• Correspondence Information: (such as account registration details, email, contact number and home address)
• Contacts Information: (such as if you choose to provide us with information about your contacts and your address book by syncing, uploading or importing it to our App)
• Sensory Information: (any audio or visual information such as recordings of calls, CCTV videos and selfies for identity verification)
• Additional Information: (such as where we exercise discretion to collect information required to comply with legal/compliance obligations)
• Data relating to our Sites and Apps: (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App usage statistics, App settings, QR codes, dates and times of connecting to an App, location data, and other technical communications information (some of which may constitute Personal Data), username; password, security login details, aggregate statistical information.)
• Consent records: (such as records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent)).
• Service Information: (such as information about how frequently you use our Services, average transaction volumes, eWallet balances, people and merchants you send/receive money to/from and any other information provided or produced in the context of using the Services)

Sensitive Personal Data

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

• Compliance with Applicable Law: We may Process your Sensitive Personal Data where the Processing is required or permitted by Applicable Law (e.g., to comply with our diversity reporting obligations);
• Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
• Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
• Consent: We may Process your Sensitive Personal Data where we have, in accordance with Applicable Law, obtained your prior, express consent before Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, and you must ensure a valid legal basis applies to the Processing of those Sensitive Personal Data.

Purposes of Processing and legal bases for Processing

The legal basis for the Processing of your Personal Data is dependent on the context in which we collect it and the purposes for which it is used. Subject to Applicable Law, the purposes for which we Process Personal Data, and the most common legal bases on which we perform such Processing, are as follows:

• For compliance with a legal obligation: Where the Processing is necessary for us (or a third party) to comply with a legal, compliance or regulatory obligation which we are subject to;
• For the performance of a contract: Where the Processing is necessary in connection with any contract you have entered into with us, or to take steps prior to entering into a contract with us;
• For a legitimate interest: Where we (or a third party) have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, Apps, or Services or other business operations (to the extent that such legitimate interest is not overridden by or in conflict with your interests, fundamental rights, or freedoms);
• Under your prior consent: Where you have consented to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary and is not used for Processing that is necessary or obligatory in anyway);

Disclosure of Personal Data to third parties

We disclose Personal Data within Luxon, for legitimate business purposes and the operation of our Sites, Apps, or Services to you, in accordance with Applicable Law. In addition, we disclose Personal Data to:

• You and, where appropriate, your appointed representatives;
• Any legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of Applicable Law or regulation;
• Accountants, auditors, lawyers and other outside professional advisors to Luxon, subject to binding contractual obligations of confidentiality;
• Third party Processors and associated Processors (such as payment services providers) located anywhere in the world, subject to the requirements noted below in this Section (7);

• Any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
• Any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• Any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• Any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under Applicable Law. Third party processors we use regularly, but which may change from time to time, include but are not limited to:

• SumSub; (for identification verification)
• Comply Advantage; (for compliance checks)

Profiling

We Process Personal Data for the purposes of automated decision-making and Profiling, which is defined in Section (19).

Automated decision-making and Profiling, are carried out for the following purposes:

You have a legal right to a meaningful explanation of and/or to contest, or reject being subject to automated decision making and Profiling and get human intervention on a decision as detailed further in (14) Your legal rights. However, these rights may not apply where the automated decision made, or Profiling is (i) Is necessary for entering into or performing a contract with you; (ii) Is authorised by law and there are suitable safeguards for your rights and freedoms; or (iii) Is based on your explicit consent. In these situations, you may still be able to obtain human intervention and express your point of view by contacting us using the details in (18) Complaints and contact details.

International transfer of Personal Data

Because of the international nature of our business, we transfer Personal Data within Luxon and to third parties as noted in Section (7) above, in connection with the purposes set out in this Notice. For this reason, we may transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we rely primarily on the European Commission’s Standard Contractual Clauses to facilitate the international and onward transfer of Personal Data. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (18) below.

Please note that when you transfer any Personal Data directly to a recipient outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.

Data security

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with Applicable Law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security or confidentiality of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

In the event of a data breach by us or one of our Processors, we are obligated to:

• report to the Privacy Commissioner of Canada breaches of security safeguards involving personal information that pose a real risk of significant harm to individuals
• notify affected individuals about those breaches, and
• keep records of all breaches.

Data accuracy

We take every reasonable step to ensure that:

• Your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

Data minimisation

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:

(1) We will retain Personal Data in a form that permits identification only for as long as:

1. We maintain an ongoing relationship with you (e.g., where you are a user of our services, or you are lawfully included in our mailing list and have not unsubscribed); or
2. Your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and you, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under a contract; or where we have a legal obligation to retain your Personal Data

Plus (2) the duration of:

1. Any applicable limitation period under Applicable Law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and
2. An additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),

And (3) in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under Applicable Law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

• Permanently delete or destroy the relevant Personal Data; or
• Anonymize the relevant Personal Data.

Your legal rights

You have many rights that you may be able to exercise in relation to your Personal Data. These rights may apply under a number of different regulations, for example, the General Data Protection Regulation (GDPR) which is generally applicable to EEA residents.

Subject to Applicable Law, you may have the following rights regarding the Processing of your Relevant Personal Data:

• The right not to provide your Relevant Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, Apps, or Services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
• The right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• The right to request rectification of any inaccuracies in your Relevant Personal Data;
• The right to request, on legitimate grounds:
  • Erasure of your Relevant Personal Data; or
  • Restriction of Processing of your Relevant Personal Data;
• The right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• The right to withdraw that consent where we Process your Relevant Personal Data on the basis of your consent, (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• The right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).
• The right to a meaningful explanation of, and/or to contest or reject automated decision making and Profiling where the decision produce legal effects concerning you or otherwise significantly affects you. In these situations, you can contest the automated decision and obtain human intervention.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (18) below. Please note that:

• In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• Where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with Applicable Law) we will investigate your request reasonably and promptly, before deciding what action to take.

Cookies and similar technologies

When you visit a Site or use an App we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with Applicable Law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy.

Terms and Conditions

All use of our Sites, Apps, or Services is subject to our Terms and Conditions. We recommend that you review our Terms and Conditions regularly, in order to review any changes we might make from time to time.

Direct marketing

We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, Apps, or Services that may be of interest to you. If we provide Sites, Apps, or Services to you, we may send information to you regarding our Sites, Apps, or Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us, subject always to obtaining your prior opt-in consent to the extent required under Applicable Law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional email we send. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Apps, or Services you have requested.

Complaints and Contact details

If You wish to make a complaint about the Services or to exercise one of your legal rights outlined in Section 14, you can email us at support@luxon.com with brief details of your complaint or request and the phone number and email address associated with your eWallet or request our complaint form and send to our service email address on the form.

We will provide you a full response to your complaint or request by email within 15 Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint or request, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within 35 Business Days of the date we received your complaint or request.

Contact details for Luxon are as follows:

Luxon Pay Ltd, Suite #229, 6030 88ST NW, Edmonton, Alberta, T6E6G4, Canada. Email: support@luxon.com

Definitions

• “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
• “Applicable Laws” means any applicable statutes, laws, ordinances, orders, judgments, decrees, rules or regulations issued by any government authority, and any judicial or administrative interpretation of any of these;
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “EEA” means the European Economic Area.
• “Non-Personal Data” means any information which does not enable a specific individual to be identified either directly or indirectly and that is not associated with an identified or reasonably identifiable individual.
• “Personal Data” has the meaning as set out at the beginning of this Privacy Policy.

• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• “Relevant Personal Data” means Personal Data in respect of which we are the controller.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under Applicable Law.
• Services has the same meaning as defined in clause 4.1 of the Luxon Terms and Conditions
• “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• “Site” means any website operated, or maintained, by us or on our behalf.