Privacy Policy

Last Modified Date: April 10, 2025
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This Privacy Policy applies to XPA Holdings Limited and its subsidiaries (collectively, “XPA Holdings,” “we,” “our,” or “us”) and outlines how we collect, use, and disclose your “Personal Data,” “Personally Identifiable Information,” or other personal information (collectively, “Personal Data”) in connection with your access to and use of the Xenith Pay platform (“Platform”) and its services.

From time to time, it is necessary for you to provide us with Personal Data in connection with your access to and use of our Platform or Services. By agreeing to our Terms and Conditions or by continuing to access or use our Services, you will be deemed to have agreed to and been notified of the terms of this Privacy Policy concerning the collection, use, processing, storage, transfer, and disclosure of your Personal Data as set out herein.

If you do not provide such Personal Data, we may be unable to provide you with the Services on our Platform or comply with applicable laws or guidelines issued by regulatory or other authorities.

For the purposes of this Privacy Policy, the term “including” shall not be limiting.

All definitions in the Terms and Conditions also apply to this Privacy Policy, unless expressly stated otherwise.

1. Collection of Personal Data

We may obtain your Personal Data directly from you or through third parties, including:

1. Information obtained (directly or indirectly) when you register as a user of our services, including but not limited to your name, business name, deed, tax ID, address, telephone number, email address, or other information we may require (“Registration Information”).
2. Information obtained (directly or indirectly) during your use of our Platform, including your bank account numbers, billing and delivery information, transaction data, and other information related to your use of the Services (“Account Information”).
3. The above Registration and Account Information, or other related information, may be accessed or collected (automatically or manually) during your registration of a User Account and/or during the course of your use of our Platform.
4. This information may constitute your Personal Data. We take steps to ensure we do not collect more information than necessary to provide our services, perform the functions listed in Part B of this Privacy Policy, protect your User Account, comply with our legal obligations, enforce our rights, and operate our business.

2. Use of Personal Data

We may use the Personal Data we collect from you for the following purposes:

1. Verifying your eligibility to use features and functions of our Platform.
2. Processing your registration and use of our Services, and maintaining and managing your User Account.
3. Detecting, investigating, preventing, or remediating violations of the Terms and Conditions, applicable internal policies, industry standards, laws, or regulations.
4. Making disclosures as required by law or governmental authorities, including pursuant to subpoenas, court orders, or other legal processes (e.g., anti-money laundering and counter-terrorist financing requirements).
5. Disclosing information to prevent harm or financial loss, report suspected illegal activity, or handle claims or potential claims brought against us or our affiliates.
6. Enabling due diligence or evaluations for actual or proposed mergers, acquisitions, financing transactions, or joint ventures.
7. Other legitimate business purposes, including protecting users from losses, ensuring safety, securing our systems and products, and safeguarding our rights and property.

3. Disclosure of Personal Data

Your Personal Data will be kept confidential. However, we may disclose such data to the following parties for the purposes described above:

1. Our group companies who own or operate your User Account or provide Services.
2. Agents, contractors, or third-party service providers assisting us with fraud prevention, billing, data entry, database management, customer service, technology services, payment processing, and service alerts.
3. Business partners with whom we maintain referral or other commercial arrangements.
4. Financial institutions, banks, collection agents, and credit agencies.
5. Professional advisers, law enforcement agencies, insurers, government or regulatory authorities, or others where disclosure is required by applicable laws, regulations, or commercial arrangements.
6. Entities involved in mergers, acquisitions, financing, or joint ventures with us.

4. Security Measures and Retention

We take reasonable technical, administrative, and physical safeguards to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

We will retain your Personal Data (and require our service providers to do the same) only as long as necessary for the purposes set out in this Privacy Policy and in accordance with applicable regulations.

For registered users, your Registration and Account Information can be viewed and edited in the Merchant Dashboard, which is protected by password and two-factor authentication. We recommend you do not share your password, PIN, or API credentials with anyone. Our personnel will never ask for your password via unsolicited phone calls or emails. If you use a shared computer, avoid saving login credentials on it.

5. Third-Party Services and Websites

Our Platform may link to third-party websites or services (if any) for your convenience and information. These third parties may have their own privacy policies, which we encourage you to review. As we do not control these third-party services, we are not responsible for their content, practices, or service quality.

6. Changes to This Privacy Policy

We reserve the right to amend or revise this Privacy Policy at any time. The revised effective date will be shown at the top of this page. In case of a conflict between this version and other XPA Holdings policies, this version shall prevail.

7. Miscellaneous

While we employ security measures, we do not guarantee the absolute security of our databases or the transmission of information. You transmit information at your own risk. Please keep your password secure. No system is completely impenetrable.

8. Acknowledgement

By using our Services, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and transfer of your Personal Data as outlined herein.

9. Further Information

To access or correct your Personal Data, exercise your “opt-out” rights, or contact us regarding this Privacy Policy, please reach out to Customer Service:

XPA Holdings Limited (Xenith Pay)

Email: legal@xenithpay.com

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