Railsbank Privacy Policy

Introduction

 

Welcome to the privacy policy of Railsbank Technology Limited. Please note that this privacy policy applies in the same way to all Railsbank’s wholly owned subsidiaries including Payrnet Limited, UAB Payrnet and Railspay Pty Ltd (hereinafter referred to as “Railsbank” and “we”). There are  specific clauses that are relevant to UAB Payrnet that can be further on in this Privacy Policy under “UAB Payrnet Privacy Policy”. Railsbank respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tells you about your privacy rights and how the law protects you.

 

This website is not intended for children and we do not knowingly collect data relating to children.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

 

Note that this privacy policy does not cover Personal Data that we may process on behalf of our clients or customers who use the Railsbank Platform. If an organisation uses the Railsbank Platform and you have questions regarding the Personal Data held, please contact that organisation in the first instance. We cannot erase your Personal Data or provide you with details of the Personal Data held about you in our Railsbank Platform without an instruction to do so from our customer so please contact them in the first instance.

Important information and who we are

Railsbank Technology Limited is a company incorporated in England with company number 10076912, and the registered address is  company number 10076912 with its registered office at 1 Snowden Street, London, England, EC2A 2DQ.. 

 

Payrnet Limited is a company incorporated in England with company number 098883437, and the registered address is 138 Holborn, London, England, EC1N 2SW. Payrnet Limited is a wholly owned subsidiary of Railsbank Technology.

Processor and Controller

This privacy policy is issued on behalf of the Railsbank Group and is made up of several legal entities that provide different services. There may be circumstances when we are a processor of data such as on behalf of the customer using the Railsbank Platform.

Payrnet shall be the controller when providing you with their services.

 

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

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 their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

What data do we collect from you?

 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, maiden name, username of similar identifier, marital status, title, date of birth and gender;

Contact Data: includes billing address, delivery address, email address and telephone numbers;

Employment details;

Financial Data: includes bank account and payment card details;

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, the Railsbank Platform and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We do not collect any special categories of 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).

If you fail to provide personal data

 

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 data 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 access to the Railsbank Platform).

How is your personal data collected?

 

We use different methods to collect data from and about you including through:

Direct interactions - you may give us your Identity, Contact and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you: apply to use the Railsbank Platform or any of our other services; create an account with us using our website or otherwise; register to use our website; place an order or transact on our website; report a problem with our website; give us feedback or contact us;

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

 

Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google based outside the EEA and Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.

​​

Legal bases for processing your personal data?

 

We will only use your personal data when the law allows us to. Most commonly, we will process your personal data using the following legal bases:

Performance of a contract – which means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Before we provide services to you we are legally required to carry out checks for the purposes of preventing fraud and money laundering/terrorist financing and to verify your identity.

 

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests - legitimate interest means the interest of our business in conducting, managing and protecting our business to enable us to give you the best service and the best and most secure experience. One of our legitimate interests is to prevent fraud and money laundering/terrorist financing and to verify identity. 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 to 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. Where we need to comply with a legal obligation – this means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. This also means that the personal data that you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering/terrorist financing. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.

 

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering/terrorist financing risk if our processing reveals your behaviour to be consistent with money laundering/terrorist financing or known fraudulent conduct, or is inconsistent with other data held, or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision making and if you want to know more, please contact us using the details below.

 

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering/terrorist financing risk, we may refuse to provide the services you have requested, or to employ you, or we may stop providing existing services to you.

 

A record of any fraud or money laundering/terrorist financing risk will be retained by fraud prevention agencies and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.

Purposes for which we will use your personal data?

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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 ground we are relying on to process your personal data where more than one ground has been set out in the table above.


Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You have the right at any time to stop us from contacting you for marketing purposes. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website or by contacting us. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.


Promotional offers from us

 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.


Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.railbsbank.com/cookie-policy


Change of purpose 

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.​

Who do we share your personal data with?

We may share your personal data with the parties set out below for the purposes set out in

“Purposes for which we will use your personal data?”

 

Service providers acting as processors who provide IT and system administration services; professional advisers acting as processor or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services; Tax authorities, regulators and other authorities acting as processors or  controllers who require reporting of processing activities in certain circumstances.

Other third parties where you ask us to, including with partners who have integrated with Railsbank through our API or in connection with banking and financial services;. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any agreement with you or our suppliers, to protect the rights, property or safety of Railsbank, our customers or others. This includes:

  • exchanging personal data with other companies and organisations for the purposes of fraud protection, money laundering/terrorist financing prevention and credit risk reduction 

  • tax authorities;

  • to the police and other law enforcement or governmental bodies;

  • consultants who may have access to your personal data if it is necessary for the service they provide.

 

We may share your personal data with our other group entities. We have adopted an intra group agreement, which ensures all personal data transferred across the group is protected to the same high standards, even if not required by the local data protection legislation.

 

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising and other business purposes.

 

We may also share your personal data with other parties when entering into business transactions, i.e.: (i) in the case the financial or legal audit (due diligence) or when other inspection of us is being carried out – to the persons performing said audit / inspection; (ii) in the case it is intended to transfer our company shares (any part thereof) or us as a business

(any part thereof) – to the potential transferees (their representatives), (iii) any reorganisation, merger, incorporation of a joint venture, or any other transfer of our business, property or shares (also if related to bankruptcy or and other similar procedure) - to the transferees (their representatives) or any other type of successors (their representatives).

Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.


Where do we store and process your personal data?

 

We process your personal data and store it on servers managed by our hosting providers.

Those servers are located across a number of secure data centres in the EEA. Our server environment is highly secure and there is very limited personnel access. Any personal data will be encrypted “at rest” (in other words, on being stored).

 
International transfers

 

In certain circumstances, we may transfer your personal data to countries outside the UK and EEA, which may not adhere to the same levels of data protection to which countries such as the UK and within the EEA are subject.  Any such transfers are, at all times, made in accordance with the  DPA Act 2018, GDPR and/or Applicable Local Laws.  Details of the circumstances and mechanisms in place to ensure compliance are set out below:​

 
Railsbank Group

In addition to our UK offices, we also have offices in the EEA, SIngapore, Malaysia, Australia and the United States.  We have also put in place an intercompany agreement which contains the Standard Contractual Clauses approved by the European Commission to ensure that all transfers of Personal Data to any member of the Railsbank group are protected to the same level as required under UK and European data protection legislation

 

Third Party Suppliers

Some of our third party suppliers are based outside the UK and EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries here

  • Where we use certain service providers, we may use specific contracts (Standard Contractual Clauses) approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries here

  • Please contact us if you want further information on the specific mechanism used by us when transferring Your Data out of the UK and EEA.

 

If you are outside the EEA and make payments or send messages, or you are in the EEA and make payments or send messages outside the EEA, we may process payments through other institutions and payment systems. They may have to process and store personal data about you in connection with their own regulations; please note that the standards to which they adhere may not be as stringent as those in the EEA.

 

Unfortunately, the transmission of your personal data via the Internet can never be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of personal data about you transmitted to us and so any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

 

Fraud prevention agencies may allow the transfer of your personal data outside of the UK. This may be to a county where the UK Government has decided that your data will be protected  to UK standards, but if the transfer is to another type of country, then the fraud prevention agencies will ensure your data continues to be protected by ensuring appropriate safeguards are in place.​


Your legal rights

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

  • If you want us to establish the data’s accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 

  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with you. 

  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent. 

 

If you wish to exercise any of the rights set out above, please contact us at compliance@railsbank.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific personal data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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 personal data in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


Data retention

 

How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, 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 the applicable legal, regulatory, tax, accounting or other requirements.

 

By law we have to keep basic information about our customers (including Contact, Identity, and Financial Data) for six years for regulatory purposes. Please note that fraud prevention agencies are permitted to hold your personal data for different periods of time and if you are considered to pose a fraud or money laundering/terrorist financing risk your data can be held for up to six years.

 

In some circumstances you can ask us to delete your data: see “your legal rights” above for further information.


Contact details

 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following way;

Email address: compliance@railsbank.com


Complaints

 

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Changes to the privacy policy and your duty to inform us of changes

 

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. We keep our privacy policy under regular review. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where we consider it appropriate, notified to you by email or notify you on our website. Please check back frequently to see any updates or changes to our Privacy Policy.

Conflict between English text and other translation

If there is any conflict or discrepancy between the English text of this privacy policy and any translation thereof, the English text shall prevail and supersede any other translation or any other version in any other language.

UAB Payrnet Privacy Policy

 

This section of the Privacy Policy will be supplementary to the main body of the Privacy Policy and will be relevant if you are a customer based in the EEA or accessing the services of UAB Payrnet.

 

Important information and who we are

 

UAB PAYRNET, incorporated and registered in the Republic of Lithuania with company number 305264430, whose registered office is at Islandijos str. 6, Vilnius, the Republic of Lithuania, the Republic of Lithuania. UAB Payrnet is a wholly owned subsidiary of Railsbank Technology.

 

Processor and Controller

 

UAB Payrnet will be the controller when providing you with their services.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

Third-party links

 

Please see above in the main body of the Privacy Policy.

 

What data do we collect from you?

Please see above in the main body of the Privacy Policy.

 

How is your personal data collected?

 

We use different methods to collect data from and about you including through:

 

Direct interactions - you may give us your Identity, Contact and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you: apply to use the Railsbank Platform or any of our other services; create an account with us using our website or otherwise; register to use our website; place an order or transact on our website; report a problem with our website; give us feedback or contact us;

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns.  Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google based outside the EEA and Identity and Contact Data from publicly available sources.

 

Legal bases for processing your personal data?

 

Please see above in the main body of the Privacy Policy.

 

Purposes for which we will use your personal data?

Marketing

 

We may use your contact details for direct marketing of our own similar products or services provided that you are given an opportunity to refuse such usage of your contact details. Such option is provided when such contact details are first obtained (via this Privacy Policy) and this opportunity continues to be offered with each subsequent message in case you have not initially objected to such usage.

 

Otherwise, we will not process your personal data for marketing purposes without your explicit consent.

 

Promotional offers from us

 

Please see the section “Marketing” for more information.

 

Cookies

 

UAB Payrnet does not use or collect cookies.

 

Change of purpose 

 

Please see above in the main body of the Privacy Policy.

 

Who do we share your personal data with?

Please see above in the main body of the Privacy Policy.

 

Data security

 

Please see above in the main body of the Privacy Policy.

 

Where do we store and process your personal data?

Please see above in the main body of the Privacy Policy.

 

International transfers

 

Some of our third-party suppliers are based outside Lithuania and EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

  • We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries here.

  • Where we use certain service providers, we may use specific contracts (Standard Contractual Clauses) approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries here.

  • Please contact us if you want further information on the specific mechanism used by us when transferring Your Data outside Lithuania and EEA.

 

If you are outside the EEA and make payments or send messages, or you are in the EEA and make payments or send messages outside the EEA, we may process payments through other institutions and payment systems. They may have to process and store personal data about you in connection with their own regulations; please note that the standards to which they adhere may not be as stringent as those in the EEA.

 

Unfortunately, the transmission of your personal data via the Internet can never be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of personal data about you transmitted to us and so any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

 

Your legal rights

 

Please see above in the main body of the Privacy Policy.

 

Data retention

 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, 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 the applicable legal, regulatory, tax, accounting or other requirements.

 

Please see the table below in regard to how long we retain your personal data for:

Please note that fraud prevention agencies are permitted to hold your personal data for different periods of time and if you are considered to pose a fraud or money laundering/terrorist financing risk your data can be held for up to six years.

 

In some circumstances you can ask us to delete your data: see “Your legal rights” above for further information.

 

Contact details

 

Please see above in the main body of the Privacy Policy.

 

Complaints

 

You have the right to make a complaint at any time to the relevant Data Protection Authority,

i.e.  the Lithuanian State Data Protection Inspectorate (address L. Sapiegos str. 17, 10312 Vilnius, Lithuania, e-mail ada@ada.lt, website https://vdai.lrv.lt).

 

UAB Payrnet would recommend and be grateful if you contact us before lodging a complaint to the relevant Data Protection Inspectorate and express your concerns or questions to us. We will do our best to assist you with all your queries.

 

Changes to the privacy policy and your duty to inform us of changes 

 

Please see above in the main body of the Privacy Policy.

 

 
Australia
 
RailsPay Pty Ltd Privacy Policy

 

This section of the Privacy Policy will be supplementary to the main body of the Privacy Policy and will be relevant if you are a customer based in Australia or accessing the services of RailsPay Pty Ltd.

 

​Important information and who we are

 

RailsPay Pty Ltd, incorporated and registered in Australia with company number ACN 646 031 558, whose registered office is at ℅ Addisons, Level 12, 60 Carrington Street, Sydney, NSW 2000, Australia. RailsPay Pty Ltd is a wholly owned subsidiary of Railsbank Technology Limited. 

 

Important Consents

 

You are deemed to have provided the following consents by agreeing to this privacy policy. If you do not wish to provide your consent to any of the matters listed below, please contact us immediately.

 

  • You agree to the collection, use and disclosure of your personal information in accordance with this privacy policy.

 

  • You agree to the disclosure of your personal information to entities located outside Australia. You acknowledge that by providing this consent, Australian Privacy Principle (“APP”) 8.1 will not apply to the disclosure (which means that we will not be obliged under the Privacy Act 1988 (Cth) (“Privacy Act”) to take reasonable steps to ensure that an overseas recipient does not breach the APPs and we may not be liable under the Privacy Act if the recipient does not act consistently with the APPs).

 

  • You agree that we can disclose your name, residential address and date of birth to a credit reporting body so that the credit reporting body can provide an assessment to us of whether the information provided by you matches (in whole or in part) the information in the credit reporting body’s possession or control (which may include personal information held by the credit reporting body about you or other individuals). This will be done for the purpose of verifying your identity as required under Australia’s anti-money laundering and counter-terrorism laws where applicable. If you would prefer us to use another form of verification, such as your passport or driver’s licence, you must notify us and provide us with any information that we request.

 

  •  You agree that we can disclose your personal information to organisations approved by the Australian Government to use the Document Verification Service (“DVS”) for the purpose of verifying your identity.

 

  • You agree that we can send you marketing materials (see ‘Marketing’ below for further details on how you can choose what marketing materials (if any) we send you).

 

Processor and Controller

 

RailsPay Pty Ltd will be the controller when providing you with their services.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

What data do we collect from you?

 

Personal information means information or an opinion about an individual who is identified or who can be reasonably identified (for example, your name and date of birth).

 

We may collect, hold, use and disclose different kinds of personal information about you which we have grouped together as follows:

 

Identity Data includes first name, last name, maiden name, username of similar identifier, marital status, title, date of birth and gender;

Contact Data: includes billing address, delivery address, email address and telephone numbers;

Financial Data: includes bank account and payment card details;

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, the RailsPay Platform and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and third parties acting on our behalf and your communication preferences.  

 

We do not collect or hold any ‘sensitive information’ about you. Sensitive information is a type of personal information that is sensitive in nature (for example, your racial or ethnic origin, your political opinions, religious or philosophical beliefs, membership of a professional or trade association or union, genetic and biometric data, and health information).


 

Third-party links

 

Please see above in the main body of the Privacy Policy.

 

How is your personal data collected?

 

We use different methods to collect data from and about you including through:

Direct interactions - you may give us your Identity, Contact and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you: 

apply to use the Railsbank Platform or any of our other services; 

create an account with us using our website or otherwise; 

register to use our website; 

place an order or transact on our website; 

report a problem with our website; 

give us feedback or contact us;

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns.  

 

Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google and Identity and Contact Data from publicly available sources such as the Australian Securities and Investments Commission..

 

 

If you fail to provide personal information

Where we need to collect personal information by law, under the terms of a contract we have with you, or to provide our services to you and you fail to provide that personal information when requested, we may not be able to provide our services or otherwise engage with you

 

Personal information about other persons

If you provide us with personal information about any other person, you agree to tell them:

 

  • that you are providing this information to us;

  • of our contact details set out in this privacy policy;

  • the reason you are providing their information; and

  • the fact that we collect, use and disclose personal information as set out in this privacy policy.

 

Purposes for which we will use your personal data?

 

In the table below, we have set out the purpose for which we collect, hold, use and disclose your personal information.

International disclosure

 

We disclose your personal information to organisations located outside Australia.  Generally, when we disclose personal information to overseas recipients those recipients are located in the United Kingdom, the European Economic Area (EEA), Singapore and Malaysia.

 

In relation to a very small number of our suppliers, your personal information may be transferred to, and stored at, a destination outside Australia as well as processed by staff operating outside Australia who work for them. In these instances the countries your personal information may be disclosed to include: United Kingdom, the European Economic Area (EEA), Singapore and Malaysia.

 

Unfortunately, the transmission of your personal information via the Internet can never be 100% secure. Although we will do our best to protect your personal information, we cannot guarantee the security of personal information about you transmitted to us and so any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Protecting your personal information

 

We process your personal information and store it on servers managed by our hosting providers.

 

Those servers are located across a number of secure data centres in the EEA. Our server environment is highly secure and there is very limited personnel access. Any personal information will be encrypted “at rest” (in other words, on being stored).

 

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. 

 

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Duration for holding your personal information

 

We will only hold your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  

 

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

 

Your legal rights

 

Under certain circumstances, you have rights under the Privacy Act in relation to your personal information. You have the right to:

 

  • Request access to the personal information we hold about you;

 

  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate personal information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us. If we do not agree that the personal information we have about you is incorrect, we’ll explain why in writing.

 

 If you wish to exercise any of the rights set out above, please contact our Data Protection Officer via the email address stated below. We will give you access to your personal information in the manner requested by you, if it is reasonable and practicable for us to do so. You will not have to pay a fee to request access to your personal information.  However, we may charge a reasonable fee for providing access if your request is clearly unfounded, repetitive, excessive or costly for us to respond to. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific personal information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further personal information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

 

Marketing

 

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. You have the right at any time to stop us from contacting you for marketing purposes. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website or by contacting us. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.

 

Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.railsbank.com/cookie-policy 
 

Contact details

 

Please see above in the main body of the Privacy Policy.

 

Complaints

 

If you have a complaint about our handling of your personal information or a breach of the Privacy Act you can make a complaint to us at any time. 

 

To make a complaint, please contact us at dpo@railsbank.com. We’ll deal with your complaint promptly and fairly and will respond to your complaint within a reasonable time (usually 30 days).

If you are not satisfied with how we have dealt with your complaint, you can raise the complaint with:

 

Australian Financial Complaints Authority (AFCA)

Website: www.afca.org.au

Email: info@afca.org.au

Phone: 1800 931 678

Mail: GPO Box 3, Melbourne VIC 3001

 

If you are not a small business or consumer AFCA may not consider your complaint and you should complain directly to the OAIC

Office of the Australian Information Commissioner (OAIC)

 

Website: www.oaic.gov.au

Phone: 1300 363 992

Mail: GPO Box 5218, Sydney NSW 2001

 

Changes to the privacy policy and your duty to inform us of changes 

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

 

We keep our privacy policy under regular review. This version was last updated on 29 October 2021.

 
 
Singapore
 
Important information and who we are

 

Railsbank Technologies Pte Limited is a company incorporated in Singapore with company number 201910723N, and the registered address is 52 Craig Road, Singapore, 089690.

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 their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

What data do we collect from you?

 

Personal data, or personal information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

We do not collect any special categories of 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) We may collect Biometric Data for entry into our offices.

 

If you fail to provide personal data

 

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 data 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 access to the Railsbank Platform).

 
How is your personal data collected?

 

We use different methods to collect data from and about you including through:

Direct interactions - you may give us your Identity Data, Contact Data and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you:

apply to use the Railsbank Platform or any of our other services; create an account with us using our website or otherwise; register to use our website;

place an order or transact on our website; report a problem with our website;

give us feedback or contact us;

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google. We may have obtained your personal data from our customers who are providing, on our behalf, certain regulated services from us.

 

Please do not supply any other person's personal data to us, unless we prompt you to do so.

 

Legal bases for processing your personal data?

 

We will only use your personal data when the law allows us to. Most commonly, we will process your personal data using the following legal bases:

Performance of a contract – which means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Before we provide services to you we are legally required to carry out checks for the purposes of preventing fraud and money laundering/terrorist financing and to verify your identity.

 

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests - legitimate interest means the interest of our business in conducting, managing and protecting our business to enable us to give you the best service and the best and most secure experience. One of our legitimate interests is to prevent fraud and money laundering/terrorist financing and to verify identity.

 

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 to 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.

 

Where we need to comply with a legal obligation – this means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. This also means that the personal data that you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering/terrorist financing. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.

 

Generally, we do not rely on consent, as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering/terrorist financing risk if our processing reveals your identity or behaviour to be consistent with money laundering/terrorist financing or known fraudulent conduct, or is inconsistent with other data held, or you appear to have deliberately hidden your true identity. You have rights  in relation to automated decision making and if you want to know more, please contact us using the details below.

 

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering/terrorist financing risk, we may refuse to provide the services you have requested, or to employ you, or we may stop providing existing services to you.

 

A record of any fraud or money laundering/terrorist financing risk will be retained by fraud prevention agencies and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.

 

Purposes for which we will use your personal data?

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data based on 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 ground we are relying on to process your personal data where more than one ground has been set out in the table above.

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You have the right at any time to stop us from contacting you for marketing purposes. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website or by contacting us. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.

 

Promotional offers from us

 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

 

Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie-policy.

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Who do we share your personal data with?

 

We may share your personal data with the parties set out below for the purposes set out in “Purposes for which we will use your personal data?” section above.

 

  • Service providers acting as processors who provide IT and system administration services; professional advisers acting as processor or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;

  • Tax authorities, regulators and other government or statutory authorities.

  • Other third parties whom you ask us to, including with partners who have integrated with Railsbank through our API or in connection with certain banking, financial or compliance-related service or activity. For instance, several of our products and solutions utilise identity verification services provided by Onfido, and Onfido’s collection and use of data is described in the Onfido Privacy Policy

 

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any agreement with you or our suppliers, to protect the rights, property or safety of Railsbank, our customers or others. This includes:

  • exchanging personal data with other companies and organisations for the purposes of fraud protection, money laundering/terrorist financing prevention and credit risk reduction

  • tax authorities;

  • to the police and other law enforcement or governmental bodies; and

  • our consultants, professional advisers and insurers who may have access to your personal data if it is necessary for the service they provide (e.g. to seek professional advice, manage risk or maintain insurance coverage).

 

We may share your personal data with our other group entities. We have adopted an intra group agreement, which ensures all personal data transferred across the group is protected to the same high standards, taking into account the local data protection legislation.

 

We may also share aggregated information (i.e. information about our users that we combine together so that it no longer identifies or references an individual) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising and other business purposes.

 

We may also share your personal data with other parties when entering into business transactions, i.e.: (i) in the case of a financial or legal audit (due diligence) or when other inspection of us is being carried out – to the persons performing such audit / inspection; (ii) in  the case it is intended to transfer our company shares (any part thereof) or us as a business (any part thereof) – to the potential transferees (or their nominees or representatives); or (iii) any reorganisation, merger, incorporation of a joint venture, or any other transfer of our business, property or shares (also if related to bankruptcy or and other similar procedure) - to the transferees (or their nominees or representatives) or any other type of successors and permitted assigns (or their representatives).

 

In addition, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Where do we store and process your personal data?

We process your personal data and store it on servers managed by our hosting providers. Those servers are located across a number of secure data centres in the EEA. Our server environment is highly secure and there is very limited personnel access. Any personal data will be encrypted “at rest” (in other words, on being stored) as well as when in transit.

 

International transfers

 

In certain circumstances, we may transfer your personal data to countries outside Singapore, which may not adhere to the same levels of data protection to which countries such Singapore are subject. Any such transfers are, at all times, made in accordance with the DPA Act 2018, GDPR and/or applicable local laws. Details of the circumstances and mechanisms in place to ensure compliance are set out below:

 

Railsbank Group

 

In addition to our Singapore offices, we also have offices in the UK, the EEA, Malaysia, Australia and the United States. 

 

Personal data transfers from our offices in Singapore, Malaysia and Australia to the UK, the EEA or anywhere else in the world may also be regulated by intercompany agreements in place. By submitting your personal data, you consent to these transfers for the purposes specified above.

 

Third Party Suppliers

 

Some of our third party suppliers and service providers are based outside Singapore. Whenever we transfer your personal data out of Singapore, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

  • Where we use certain service providers, we may use specific contracts (Standard Contractual Clauses) approved by the European Commission which give personal data the same protection it has in Europe.

  • Please contact us if you want further information on the specific mechanism used by us when transferring your data out of the UK and EEA.

 

If you are outside the EEA and make payments or send messages, or you are in the EEA and make payments or send messages outside the EEA, we may process payments through other institutions and payment systems. They may have to process and store personal data about you in connection with their own regulations; please note that the standards to which they adhere may not be as stringent as those in the EEA.

 

Unfortunately, the transmission of your personal data via the Internet can never be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of personal data about you transmitted to us and so any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

 

Your legal rights

 

Under certain circumstances, you have rights under relevant data protection laws in relation to your personal data. You have the right to:

 

Request confirmation as to whether we process your personal data and if we do, access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you, including additional information on the processing purposes, personal data categories involved and recipients of the data, and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. In specific circumstances, you may ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure when we need to process your data for: exercising the right of freedom of expression and information; compliance with a legal obligation; or the establishment, exercise or defence of legal claims.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Even though restricted from continued processing, we may continue to store your personal data. Otherwise we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Receive your personal data from us in a structured, commonly used and machine-readable format, so long as it does not adversely affect someone else’s rights and freedoms. This right only applies if the legal basis for processing your personal data is consent or necessary for the performance of a contract (or in order to take steps at your request prior to entering into a contract).

 

The various rights mentioned above are summarized for easy reference only and you should read the relevant data protection and privacy laws that apply to you for a fuller understanding. If you wish to exercise any of the rights set out above, please contact us at compliance@railsbank.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific personal data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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 personal data in relation to your request to speed up our

response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Data retention

 

How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, 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 the applicable legal, regulatory, tax, accounting or other requirements.

 

By law we have to keep basic information about our customers (including Contact Data, Identity Data, and Financial Data) for at least the minimum mandatory period for regulatory purposes (six years). Please note that fraud prevention agencies are permitted to hold your personal data for different periods of time and if you are considered to pose a fraud or money laundering/terrorist financing risk your data can be held for up to six years.

 

In some circumstances you can ask us to delete your data: see “your legal rights” above for further information.

 

Contact details

 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO via this email address: dpo@railsbank.com

 

Complaints

You have the right to make a complaint at any time to the applicable data protection and privacy regulator. We would, however, appreciate the chance to deal with your concerns before you approach the data protection and privacy regulator so please contact us in the first instance.

 

Changes to the privacy policy and your duty to inform us of changes

 

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. We keep our privacy policy under regular review. This version was last updated on 29 October 2021. Historic versions can be obtained by contacting us. Any changes we may make to our privacy policy  in the future will be posted on this page and, where we consider it appropriate, notified to you by email or notify you on our website. Please check back frequently to see any updates or changes to our privacy policy.

 

Conflict between English text and other translation

If there is any conflict or discrepancy between the English text of this privacy policy and any translation thereof, the English text shall prevail and supersede any other translation or any other version in any other language.

 

Singapore
 
Important information and who we are

 

Railsbank Technologies Pte Limited is a company incorporated in Singapore with company number 201910723N, and the registered address is 52 Craig Road, Singapore, 089690.

 

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 their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

What data do we collect from you?

 

Personal data, or personal information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

We do not collect any special categories of 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) We may collect Biometric Data for entry into our offices.

 

If you fail to provide personal data

 

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 data 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 access to the Railsbank Platform).

 
How is your personal data collected?

 

We use different methods to collect data from and about you including through:

Direct interactions - you may give us your Identity Data, Contact Data and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you:

apply to use the Railsbank Platform or any of our other services; create an account with us using our website or otherwise; register to use our website;

place an order or transact on our website; report a problem with our website;

give us feedback or contact us;

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google. We may have obtained your personal data from our customers who are providing, on our behalf, certain regulated services from us.

 

Please do not supply any other person's personal data to us, unless we prompt you to do so.

 

Legal bases for processing your personal data?

 

We will only use your personal data when the law allows us to. Most commonly, we will process your personal data using the following legal bases:

 

Performance of a contract – which means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Before we provide services to you we are legally required to carry out checks for the purposes of preventing fraud and money laundering/terrorist financing and to verify your identity.

 

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests - legitimate interest means the interest of our business in conducting, managing and protecting our business to enable us to give you the best service and the best and most secure experience. One of our legitimate interests is to prevent fraud and money laundering/terrorist financing and to verify identity.

 

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 to 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.

 

Where we need to comply with a legal obligation – this means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. This also means that the personal data that you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering/terrorist financing. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.

 

Generally, we do not rely on consent, as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering/terrorist financing risk if our processing reveals your identity or behaviour to be consistent with money laundering/terrorist financing or known fraudulent conduct, or is inconsistent with other data held, or you appear to have deliberately hidden your true identity. You have rights  in relation to automated decision making and if you want to know more, please contact us using the details below.

 

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering/terrorist financing risk, we may refuse to provide the services you have requested, or to employ you, or we may stop providing existing services to you.

 

A record of any fraud or money laundering/terrorist financing risk will be retained by fraud prevention agencies and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.

 

Purposes for which we will use your personal data?

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data based on 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 ground we are relying on to process your personal data where more than one ground has been set out in the table above.

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You have the right at any time to stop us from contacting you for marketing purposes. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website or by contacting us. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.

 

Promotional offers from us

 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

 

Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.railbsbank.com/cookie-policy.

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Who do we share your personal data with?

 

We may share your personal data with the parties set out below for the purposes set out in “Purposes for which we will use your personal data?” section above.

 

  • Service providers acting as processors who provide IT and system administration services; professional advisers acting as processor or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;

  • Tax authorities, regulators and other government or statutory authorities.

  • Other third parties whom you ask us to, including with partners who have integrated with Railsbank through our API or in connection with certain banking, financial or compliance-related service or activity. For instance, several of our products and solutions utilise identity verification services provided by Onfido, and Onfido’s collection and use of data is described in the Onfido Privacy Policy

 

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any agreement with you or our suppliers, to protect the rights, property or safety of Railsbank, our customers or others. This includes:

  • exchanging personal data with other companies and organisations for the purposes of fraud protection, money laundering/terrorist financing prevention and credit risk reduction

  • tax authorities;

  • to the police and other law enforcement or governmental bodies; and

  • our consultants, professional advisers and insurers who may have access to your personal data if it is necessary for the service they provide (e.g. to seek professional advice, manage risk or maintain insurance coverage).

 

We may share your personal data with our other group entities. We have adopted an intra group agreement, which ensures all personal data transferred across the group is protected to the same high standards, taking into account the local data protection legislation.

 

We may also share aggregated information (i.e. information about our users that we combine together so that it no longer identifies or references an individual) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising and other business purposes.

 

We may also share your personal data with other parties when entering into business transactions, i.e.: (i) in the case of a financial or legal audit (due diligence) or when other inspection of us is being carried out – to the persons performing such audit / inspection; (ii) in  the case it is intended to transfer our company shares (any part thereof) or us as a business (any part thereof) – to the potential transferees (or their nominees or representatives); or (iii) any reorganisation, merger, incorporation of a joint venture, or any other transfer of our business, property or shares (also if related to bankruptcy or and other similar procedure) - to the transferees (or their nominees or representatives) or any other type of successors and permitted assigns (or their representatives).

 

In addition, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Where do we store and process your personal data?

We process your personal data and store it on servers managed by our hosting providers. Those servers are located across a number of secure data centres in the EEA. Our server environment is highly secure and there is very limited personnel access. Any personal data will be encrypted “at rest” (in other words, on being stored) as well as when in transit.

 

International transfers

 

In certain circumstances, we may transfer your personal data to countries outside Singapore, which may not adhere to the same levels of data protection to which countries such Singapore are subject. Any such transfers are, at all times, made in accordance with the DPA Act 2018, GDPR and/or applicable local laws. Details of the circumstances and mechanisms in place to ensure compliance are set out below:

 

Railsbank Group

 

In addition to our Singapore offices, we also have offices in the UK, the EEA, Malaysia, Australia and the United States. 

 

Personal data transfers from our offices in Singapore, Malaysia and Australia to the UK, the EEA or anywhere else in the world may also be regulated by intercompany agreements in place. By submitting your personal data, you consent to these transfers for the purposes specified above.

 

Third Party Suppliers

 

Some of our third party suppliers and service providers are based outside Singapore. Whenever we transfer your personal data out of Singapore, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

  • Where we use certain service providers, we may use specific contracts (Standard Contractual Clauses) approved by the European Commission which give personal data the same protection it has in Europe.

  • Please contact us if you want further information on the specific mechanism used by us when transferring your data out of the UK and EEA.

 

If you are outside the EEA and make payments or send messages, or you are in the EEA and make payments or send messages outside the EEA, we may process payments through other institutions and payment systems. They may have to process and store personal data about you in connection with their own regulations; please note that the standards to which they adhere may not be as stringent as those in the EEA.

 

Unfortunately, the transmission of your personal data via the Internet can never be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of personal data about you transmitted to us and so any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

 

Your legal rights

 

Under certain circumstances, you have rights under relevant data protection laws in relation to your personal data. You have the right to:

 

Request confirmation as to whether we process your personal data and if we do, access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you, including additional information on the processing purposes, personal data categories involved and recipients of the data, and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. In specific circumstances, you may ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure when we need to process your data for: exercising the right of freedom of expression and information; compliance with a legal obligation; or the establishment, exercise or defence of legal claims.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Even though restricted from continued processing, we may continue to store your personal data. Otherwise we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Receive your personal data from us in a structured, commonly used and machine-readable format, so long as it does not adversely affect someone else’s rights and freedoms. This right only applies if the legal basis for processing your personal data is consent or necessary for the performance of a contract (or in order to take steps at your request prior to entering into a contract).

 

The various rights mentioned above are summarized for easy reference only and you should read the relevant data protection and privacy laws that apply to you for a fuller understanding. If you wish to exercise any of the rights set out above, please contact us at compliance@railsbank.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific personal data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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 personal data in relation to your request to speed up our

response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Data retention

 

How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, 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 the applicable legal, regulatory, tax, accounting or other requirements.

 

By law we have to keep basic information about our customers (including Contact Data, Identity Data, and Financial Data) for at least the minimum mandatory period for regulatory purposes (six years). Please note that fraud prevention agencies are permitted to hold your personal data for different periods of time and if you are considered to pose a fraud or money laundering/terrorist financing risk your data can be held for up to six years.

 

In some circumstances you can ask us to delete your data: see “your legal rights” above for further information.

 

Contact details

 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO via this email address: dpo@railsbank.com

 

Complaints

You have the right to make a complaint at any time to the applicable data protection and privacy regulator. We would, however, appreciate the chance to deal with your concerns before you approach the data protection and privacy regulator so please contact us in the first instance.

 

Changes to the privacy policy and your duty to inform us of changes

 

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. We keep our privacy policy under regular review. This version was last updated on 29 October 2021. Historic versions can be obtained by contacting us. Any changes we may make to our privacy policy  in the future will be posted on this page and, where we consider it appropriate, notified to you by email or notify you on our website. Please check back frequently to see any updates or changes to our privacy policy.

 

Conflict between English text and other translation

 

If there is any conflict or discrepancy between the English text of this privacy policy and any translation thereof, the English text shall prevail and supersede any other translation or any other version in any other language.

Malaysia
 
Important information and who we are

 

Rails Technology Sdn. Bhd is a company incorporated in Malaysia with company number 202001031053 (1387373-X), and the registered address is DAMANSARA 50490 KUALA LUMPUR W.P. KUALA LUMPUR MALAYSIA.

 

 

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 their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

What data do we collect from you?

 

Personal data, or personal information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

We do not collect any special categories of 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,biometric and genetic) 

 

If you fail to provide personal data

 

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 data 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 access to the Railsbank Platform).

How is your personal data collected?

 

We use different methods to collect data from and about you including through:

Direct interactions - you may give us your Identity Data, Contact Data and Financial Data by filling in forms on our website or otherwise or by corresponding with us by phone, e-mail or other methods. This includes personal data you provide when you:

apply to use the Railsbank Platform or any of our other services; create an account with us using our website or otherwise; register to use our website;

place an order or transact on our website; report a problem with our website;

give us feedback or contact us;

 

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties such as Technical Data from analytics providers such as Google. We may have obtained your personal data from our customers who are providing, on our behalf, certain regulated services from us.

 

Please do not supply any other person's personal data to us, unless we prompt you to do so.

 

Legal bases for processing your personal data?

 

We will only use your personal data when the law allows us to. Most commonly, we will process your personal data using the following legal bases:

 

Performance of a contract – which means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Before we provide services to you we are legally required to carry out checks for the purposes of preventing fraud and money laundering/terrorist financing and to verify your identity.

 

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests - legitimate interest means the interest of our business in conducting, managing and protecting our business to enable us to give you the best service and the best and most secure experience. One of our legitimate interests is to prevent fraud and money laundering/terrorist financing and to verify identity.

 

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 to 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.

 

Where we need to comply with a legal obligation – this means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. This also means that the personal data that you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering/terrorist financing. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.

 

Generally, we do not rely on consent, as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering/terrorist financing risk if our processing reveals your identity or behaviour to be consistent with money laundering/terrorist financing or known fraudulent conduct, or is inconsistent with other data held, or you appear to have deliberately hidden your true identity. You have rights  in relation to automated decision making and if you want to know more, please contact us using the details below.

 

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering/terrorist financing risk, we may refuse to provide the services you have requested, or to employ you, or we may stop providing existing services to you.

 

A record of any fraud or money laundering/terrorist financing risk will be retained by fraud prevention agencies and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.

 

Purposes for which we will use your personal data?

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data based on 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 ground we are relying on to process your personal data where more than one ground has been set out in the table above.

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You have the right at any time to stop us from contacting you for marketing purposes. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website or by contacting us. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.

 

Promotional offers from us

 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

 

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.railbsbank.com/cookie-policy.

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Who do we share your personal data with?

 

We may share your personal data with the parties set out below for the purposes set out in “Purposes for which we will use your personal data?” section above.

 

  • Service providers acting as processors who provide IT and system administration services; professional advisers acting as processor or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;

  • Tax authorities, regulators and other government or statutory authorities.

 

Other third parties whom you ask us to, including with partners who have integrated with Railsbank through our API or in connection with certain banking, financial or compliance-related service or activity. For instance, several of our products and solutions utilise identity verification services provided by Onfido, and Onfido’s collection and use of data is described in the Onfido Privacy Policy

 

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any agreement with you or our suppliers, to protect the rights, property or safety of Railsbank, our customers or others. This includes:

  • exchanging personal data with other companies and organisations for the purposes of fraud protection, money laundering/terrorist financing prevention and credit risk reduction

  • tax authorities;

  • to the police and other law enforcement or governmental bodies; and

  • our consultants, professional advisers and insurers who may have access to your personal data if it is necessary for the service they provide (e.g. to seek professional advice, manage risk or maintain insurance coverage).

 

We may share your personal data with our other group entities. We have adopted an intra group agreement, which ensures all personal data transferred across the group is protected to the same high standards, taking into account the local data protection legislation.

 

We may also share aggregated information (i.e. information about our users that we combine together so that it no longer identifies or references an individual) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising and other business purposes.

 

We may also share your personal data with other parties when entering into business transactions, i.e.: (i) in the case of a financial or legal audit (due diligence) or when other inspection of us is being carried out – to the persons performing such audit / inspection; (ii) in  the case it is intended to transfer our company shares (any part thereof) or us as a business (any part thereof) – to the potential transferees (or their nominees or representatives); or (iii) any reorganisation, merger, incorporation of a joint venture, or any other transfer of our business, property or shares (also if related to bankruptcy or and other similar procedure) - to the transferees (or their nominees or representatives) or any other type of successors and permitted assigns (or their representatives).

 

In addition, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Where do we store and process your personal data?

We process your personal data and store it on servers managed by our hosting providers. Those servers are located across a number of secure data centres in the EEA. Our server environment is highly secure and there is very limited personnel access. Any personal data will be encrypted “at rest” (in other words, on being stored) as well as when in transit.

 

International transfers

 

In certain circumstances, we may transfer your personal data to countries outside Singapore, which may not adhere to the same levels of data protection to which countries such Singapore are subject. Any such transfers are, at all times, made in accordance with the DPA Act 2018, GDPR and/or applicable local laws. Details of the circumstances and mechanisms in place to ensure compliance are set out below:

 

Railsbank Group

In addition to our Singapore offices, we also have offices in the UK, the EEA, Malaysia, Australia and the United States. 

 

Personal data transfers from our offices in Singapore, Malaysia and Australia to the UK, the EEA or anywhere else in the world may also be regulated by intercompany agreements in place. By submitting your personal data, you consent to these transfers for the purposes specified above.

 

Third Party Suppliers

 

Some of our third party suppliers and service providers are based outside Singapore. Whenever we transfer your personal data out of Singapore, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

  • Where we use certain service providers, we may use specific contracts (Standard Contractual Clauses) approved by the European Commission which give personal data the same protection it has in Europe.

  • Please contact us if you want further information on the specific mechanism used by us when transferring your data out of the UK and EEA.

 

If you are outside the EEA and make payments or send messages, or you are in the EEA and make payments or send messages outside the EEA, we may process payments through other institutions and payment systems. They may have to process and store personal data about you in connection with their own regulations; please note that the standards to which they adhere may not be as stringent as those in the EEA.

 

Unfortunately, the transmission of your personal data via the Internet can never be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of personal data about you transmitted to us and so any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

 

Your legal rights

 

Under certain circumstances, you have rights under relevant data protection laws in relation to your personal data. You have the right to:

 

Request confirmation as to whether we process your personal data and if we do, access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you, including additional information on the processing purposes, personal data categories involved and recipients of the data, and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. In specific circumstances, you may ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure when we need to process your data for: exercising the right of freedom of expression and information; compliance with a legal obligation; or the establishment, exercise or defence of legal claims.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

 

  • If you want us to establish the data’s accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Even though restricted from continued processing, we may continue to store your personal data. Otherwise we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

 

Receive your personal data from us in a structured, commonly used and machine-readable format, so long as it does not adversely affect someone else’s rights and freedoms. This right only applies if the legal basis for processing your personal data is consent or necessary for the performance of a contract (or in order to take steps at your request prior to entering into a contract).

 

The various rights mentioned above are summarized for easy reference only and you should read the relevant data protection and privacy laws that apply to you for a fuller understanding. If you wish to exercise any of the rights set out above, please contact us at compliance@railsbank.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific personal data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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 personal data in relation to your request to speed up our

 

response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Data retention

 

How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, 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 the applicable legal, regulatory, tax, accounting or other requirements.

 

By law we have to keep basic information about our customers (including Contact Data, Identity Data, and Financial Data) for at least the minimum mandatory period for regulatory purposes. This is six years in the UK. Please note that fraud prevention agencies are permitted to hold your personal data for different periods of time and if you are considered to pose a fraud or money laundering/terrorist financing risk your data can be held for up to six years.

 

In some circumstances you can ask us to delete your data: see “your legal rights” above for further information.

 

Contact details

 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO via this email address: dpo@railsbank.com

 

Complaints

You have the right to make a complaint at any time to the applicable data protection and privacy regulator. We would, however, appreciate the chance to deal with your concerns before you approach the data protection and privacy regulator so please contact us in the first instance.

 

Changes to the privacy policy and your duty to inform us of changes

 

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. We keep our privacy policy under regular review. This version was last updated on 29 October 2021. Historic versions can be obtained by contacting us. Any changes we may make to our privacy policy  in the future will be posted on this page and, where we consider it appropriate, notified to you by email or notify you on our website. Please check back frequently to see any updates or changes to our privacy policy.

 

Conflict between English text and other translation

 

If there is any conflict or discrepancy between the English text of this privacy policy and any translation thereof, the English text shall prevail and supersede any other translation or any other version in any other language.