Xchangely, Inc. (Xchangely) is committed to respecting your privacy and complying with applicable laws and regulations to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully.
Xchangely is a company incorporated and registered in the United States of America (referred to in this Policy as “we, “us” and “our”). Your personal information will be held and managed by Xchangely. By visiting and using our website or mobile site (www.Xchangely.com) (“Site”) or any application (“Application”) that we make available for interacting with our content and/or services or by contacting our client support team, you acknowledge that you have read this Privacy Policy.
This Privacy Policy covers all personal information about you that we collect, use and otherwise process in connection with your relationship with Xchangely as a client or potential client. Xchangely will collect and use your personal information as described in this Privacy Policy and as permitted by applicable laws, including in circumstances where: (i) it is necessary to provide or fulfill a service requested by or for you; (ii) you have given us your express consent; or (iii) it is necessary for one or more of the following legitimate interests pursued by Xchangely:
- To analyze, profile and monitor client patterns and better understand the interests and preferences of our key client audiences so we can consistently improve our products and services.
- To ensure the proper functioning and security of our services by preventing fraudulent transactions.
- To ensure we continue to comply with applicable laws, for example in maintaining the accuracy of our records.
Protecting Your Personal Information
We have strict procedures and security features in place to make every effort to prevent any unauthorized access to your personal information. All information you provide to us is stored on our secure servers. All payment transactions are fully encrypted using Secure File Transfer Protocol (SFTP) via Virtual Private Network (VPN). Although we do our absolute best to protect your personal data, we cannot guarantee the security of your data during transmission, thus any transmission is at your own risk. We restrict access of your personal information to those employees of Xchangely. who have a legitimate business reason for knowing such information. All of our employees are educated and trained about the importance of confidentiality and privacy of customer information. Physical, electronic and procedural safeguards are in place to comply with all relevant laws and regulations and to protect your personal information from unauthorized access.
Information Collection
Xchangely is committed to protecting the privacy of our clients. When users provide any personal information to us, they communicate that they are voluntarily providing Xchangely with the information. We may collect and use the following data about you and/or your Beneficiary, which may include non-public personal Information:
- Commercial and/or identification information as needed to comply with our anti-money laundering obligations under applicable law;
- Information that you provide us in the course of using the Service, such as your name, mailing address, email address, and telephone number(s). We may also collect certain sensitive information from you including your bank account number, date of birth, tax identification number, payment reason, and geographical location;
- To facilitate our Service, we request certain third party information from you, such as your Beneficiary, Sender’s or Recipient’s full name, mailing address, email address, and telephone number. We may also collect from you sensitive financial information of a Beneficiary or a Recipient, including bank account and routing numbers;
- Information about your usage of the Service, including your transaction history, how you use the Service to send or receive transactions, and to and for whom you transact with;
- Information that we lawfully obtain from third parties, such as identity verification services, electronic database services, and credit reporting agencies;
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. We do this for fraud prevention, to improve our Service, and to improve our marketing, analytics, or website functionality;
- Recordings of your communications with our offices, including telephone calls and electronic communications for quality and training purposes; and
- Type of device you use, operating system version, and the device identifier.
In providing the personal data of any individual (other than yourself) to us during your use of our Services, you promise that you have obtained consent from such individual to disclose their personal data to us, as well as consent to our collection, use and disclosure of such personal data, for the purposes set out in this Privacy Policy.
Usage of Information
We use your information in the following ways:
- To process your transactions;
- To verify your identity;
- To collect payment for your use of the Service;
- To troubleshoot problems with the Service;
- To comply with applicable federal and state laws, regulations, and rules, such as those relating to the Bank Secrecy Act (BSA) and anti-money laundering requirements;
- To manage our Services and for internal operations, including: troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To detect and prevent fraud and other illegal uses of the Service; and
- To provide you service updates, marketing notices, and promotional offers.
We will retain your account information, as needed to provide you Service, as required by applicable law, to resolve disputes and to enforce our agreements. We abide by strict security standards, but if you wish to cancel your account and stop using our Services, contact us at www.Xchangely.com. We will continue to retain your account information after your account is cancelled as required under applicable law, regulations, and rules.
Disclosure of Information
We do not sell or rent the information we collect to third parties for their promotional purposes unless we receive your permission to do so. Nevertheless, we may share information about you or your Beneficiary (including nonpublic, Personal Information) with:
- Third-party service providers under contract with Xchangely that help us with our business operations, such as transaction processing, fraud prevention, and marketing. We share your Personal Information with these companies only as necessary to provide you with our Service;
- Analytics and search engine providers that assist us in the improvement and optimization of our site; and
- Law enforcement, government officials or other third parties, but only in connection with a formal request, subpoena, court order, or similar legal procedure; or when we believe in good faith that disclosure is necessary to comply with the law, or suspected illegal activity
We may disclose your personal information to third parties in the following ways:
- To comply with any legal obligation, or in order to protect the rights, property, or safety of Xchangely, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
- To prevent and detect fraud or other illegal activity where we believe it is reasonable and appropriate to do so;
- In response to a subpoena, warrant, court order, or as otherwise required by law;
- To assess financial and credit risk;
- In the event of an acquisition or merger. We shall notify you in the event of such an occurrence and inform you of any choices you may have regarding your personal information by placing a notice on our website; and
- To recover debt or in relation to your insolvency
We do not have a published list of all of the third parties with whom we share your data with, as this would be dependent on your specific use of our Services. However, if you would like further information about whom we have shared your data with, or to be provided with a list specific to you, you can request this by contacting us at www.Xchangely.com.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer and that the visitor’s browser provides to the website each time the visitor returns. Our Services use cookies to distinguish you from other users. This helps us to provide you with an enhanced user experience and to support us in improving our Services. Cookies may be used to identify visitors, show related content, and to track usage of our website and our online trading platform, You are free to decline the cookies we place if your browser permits, but doing so may interfere with your use of the Service.
Data Retention
In accordance with BSA and FinCEN record keeping requirements, we will keep your information as long as you remain an active client and for 5 years afterwards or otherwise as required for our business operations. We may need to retain certain personal information even once a client account has been closed or deleted to enforce our terms, for fraud prevention, to identify, issue or resolve legal claims and/or for proper record keeping purposes. We may also retain a record of any stated objection to receiving updates, for the purpose of ensuring we can continue to respect your wishes and not contact you further. Your personal information will be deleted or destroyed in a manner that cannot be restored or reproduced (i.e. shredding and electronic wiping). Your data is only accessed internally on an as-needed basis, and it will only be accessed or managed if absolutely necessary.
Your Rights
You may have the right under applicable laws to ask for details of the personal information we hold about you, to amend, limit or delete your personal information, or ask for a copy of the personal information you gave us. You have the right to ask us not to contact you for marketing purposes by unsubscribing, contacting us at www.Xchangely.com. You have the right to correct any personal information we hold on you that is inaccurate or incorrect You have the right to ask us to delete your data when it is no longer necessary, or no longer subject to a legal obligation to which Xchangely is subject to.
Changes to this Privacy Policy
We may amend this policy at any time, and shall notify you by posting a revised version on our Site. Should we make a substantial change to the manner in which we collect, use, or store Personal Information, we shall provide prior notice on our SITE, or by electronic notification.
Contacting Xchangely
You can contact us if you have any questions about the way in which your personal information is being collected or used which are not answered by this Privacy Policy. Please contact us on our Site (www.Xchangely.com). If you feel that we have not addressed your questions or concerns adequately, you may make a complaint using the information from our Site at www.Xchangely.com.
Governing law and jurisdiction:
To the extent mandated by applicable laws or regulations, this Privacy Policy shall be exclusively governed by and interpreted in accordance with the laws of the State of Delaware, and any dispute hereunder shall be brought exclusively in the courts of the State of Delaware, including the Delaware Court of Chancery.
If you are a California resident, please review the additional disclosures and rights under California Consumer Privacy Act of 2018
This is the California Resident Privacy Notice (“Privacy Notice”)of Xchangely. This Privacy Notice supplements the information and disclosures contained in Privacy Policy. This Privacy Notice applies to individuals residing in California from whom we collect Personal Information under the California Consumer Privacy Act of 2018.
Personal Information Collection, Disclosure, and Sale
For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).
Personal Information does not include information that is:
- Lawfully made available from government records.
- Deidentified or aggregated.
- Otherwise excluded from the scope of the CCPA.
The chart below provides the categories of Personal Information and Sensitive Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, or sold or “shared”. The examples of Personal Information and Sensitive Personal Information provided for each category reflect each category’s statutory definition and may not reflect all the specific types of Personal Information and Sensitive Personal Information associated with each category.
| Category | Collected | Disclosed | Sold/Shared |
|---|---|---|---|
| Identifiers in Cal. Civ. Code Section 1798.80(e): Name, email address, telephone number, internet protocol address, unique personal identifier, and other similar identifiers. | Yes | Yes | Yes |
| Characteristics of Protected Classifications under California or Federal Law: Sex, gender identity or expression. | Yes | No | No |
| Commercial Information: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes | No | No |
| Biometric Information: Physiological, biological, or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. | No | N/A | N/A |
| Internet or Other Electronic Network Activity Information: Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement. | Yes | Yes | Yes |
| Geolocation Data: Precise physical location. | No | N/A | N/A |
| Sensory Information: Audio, electronic, visual, thermal, olfactory, or similar information. | No | N/A | N/A |
| Professional or Employment-Related Information: Current job title and company and past and current job history. | Yes | Yes | No |
| Sensitive Personal Information (Identifiers): A consumer’s driver’s license or state identification card number. | Yes | Yes | No |
| Sensitive Personal Information (Log-In and Financial Information): Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. | No | N/A | N/A |
| Sensitive Personal Information (Precise Geolocation) : Geolocation data used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet. | No | N/A | N/A |
| Sensitive Personal Information (Group Membership): Racial or ethnic origin, religious or philosophical beliefs, or union membership. | No | N/A | N/A |
| Sensitive Personal Information (Contents of Communications): The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication. | No | N/A | N/A |
| Sensitive Personal Information (Genetic Data) | No | N/A | N/A |
| Sensitive Personal Information (Identifying Biometric Information) | No | N/A | N/A |
| Sensitive Personal Information (Personal Information Collected and Analyzed Concerning a Consumer’s Sex Life or Sexual Orientation) | No | N/A | N/A |
Your California Privacy Rights
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.
Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.
Right to Correct. You may submit a verifiable request that we correct inaccurate Personal Information that we maintain about you.
Verification. Requests for access to, deletion of, or correction of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access, deletion, or correction request, please follow the instructions provided in our response to your request.
Right to Opt Out. In some circumstances, you may opt out of the sale or sharing (for cross-context behavioral advertising purposes) of your Personal Information.
Right to Limit Use and Disclosure of Sensitive Personal Information. In some circumstances, you may limit our use and disclosure of your Sensitive Personal Information. We do not use or disclose your Sensitive Personal Information for purposes other than the limited purposes permitted by the CCPA.
Right of No Retaliation. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations, including if you are an employee, applicant, or independent contractor of our business.
Submit Requests. To exercise your rights under the CCPA, send an email to the email address in the Contact Information section below.
Authorizing an Agent. If you are acting as an authorized agent to make a request to know, delete, or opt out on behalf of a California resident, send an email to the email address in the Contact Information section below and attach a written authorization signed by the resident.
Additional Disclosures
We do not knowingly sell or share Personal Information of consumers under 16 years of age.