LEGAL

 

GENERAL TERMS & CONDITIONS OF USE

•          These terms of use apply to the site accessible at www.ep-direct.net

•          This site, including all its content, is the property of Earthport Plc. and EP-Direct, S.A., hereafter jointly referred to as ‘EP’.   EP hold all intellectual and other property rights in the information contained in this site. No rights of any kind are licensed or assigned or shall otherwise pass to persons who access this information.

•          This site features trademarks and service marks and other logos that are the property of, or are licensed to, EP. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

•          You agree not to participate in a denial-of-service attack against this site, not to attempt to or actually disrupt or impair this site, and not to collect or attempt to collect any information or data of others. You will not engage in any unlawful or prohibited activity in regards to this site. If you cause a technical disruption to the ep-direct.net site you agree to be responsible for any and all liabilities, costs and expenses arising from that disruption.

•          You use this site at your own risk. The site is provided on an “as is” and “as available” basis. EP reserves the right to change features or content from this site at any time.

•          EP reserves the right to deny without reason any application for a Demo password or the live epDirect site.

•          EP expressly disclaims all warranties of any kind, whether they are expressed or implied. EP also disclaim that access to the site will be uninterrupted or error-free.

•          To the fullest extent permissible under applicable law, you understand and agree that neither EP nor any of its subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages relating to or resulting from your use or inability to use this site or any other site you access through a link from this site

•          The Site currently complies with the laws of England and Wales. We cannot guarantee the Site or the information thereon complies with or is appropriate for use in other places. EP understands it is possible for you to obtain access to this site from any part of the world, and EP has no ability to prevent such access. You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms.

•          If any material on this site, or your use of the site, is contrary to the laws of the place where you gain access to it, the site is not intended for you, and EP ask you not to use the site. You are responsible for ensuring you comply with the laws of your jurisdiction.

•          The Terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute which may arise.

 

ABOUT EARTHPORT PLC

Earthport Plc is established at 21 New Street, London EC2M 4TP which is its registered office. Earthport Plc’s Company Number is 03428888 and its VAT Number is 701685447

Should you wish to contact Earthport PLC please call us on +44 (0)207 220 9700.

epDirect ACCEPTABLE USE POLICY

Registered Users are independently responsible for complying with all applicable laws in all of their actions related to your use of epDirect services, regardless of the purpose of the use. In addition, Registered Users must adhere to the terms of this Acceptable Use Policy.

Prohibited Activities

You may not use the epDirect service for activities that:

  1. violate any law, statute, ordinance or regulation
  2. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, other “get rich quick” schemes, (c) are associated with purchases of lottery contracts, lay-away systems, or transactions to finance or refinance debts funded by a credit card, (d) are associated with the following Money Service Business Activities: the sale of traveller’s cheques, money orders, or cheque cashing, or (g) provide certain credit repair or debt settlement services
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
  5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices

Earthport does not process transactions in contravention or violation of sanctions or restrictions imposed by HM Treasury, the European Union, OFAC, the United Nations, and several other governmental bodies.

Individual Consumers May Not Use the epDirect Service. Individuals not eligible to use our service and we ask that anyone who does not operate a registered business does not submit any personal information to us or use the service.

OUR PRIVACY POLICY

In order to operate the epDirect service and to reduce the risk of fraud, Earthport Plc ("Earthport" or "we"), the data controller, must ask you to provide us information about yourself, your business and your bank account(s).  By consenting to, and agreeing the terms of, the Privacy Policy, you also expressly consent and agree to us processing your data in the manner set out in the Privacy Policy. This Privacy Policy describes the information we collect and how we use that information. Earthport takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. It is important for you to review this Privacy Policy. This Privacy Policy applies to all services that are hosted on the ep-direct.net web site.

By accepting the Privacy Policy and User Agreement in registration, you expressly consent to our use and disclosure of your personal information and direct us to do so in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Earthport epDirect Contract.

If you disagree with the terms of Privacy Policy, please do not register for nor use the epDirect service.

Notification of Changes

This policy may be revised over time as new features are added to the epDirect service. We may amend this Privacy Policy at any time by posting a revised version on our web site. The revised version will be effective at the time we post it.

2. Information We Collect

Required Information

To register as an epDirect User, you must provide the details requested on the Application Form. In order to make payments, you must provide bank account information.

We also require other commercial and/or identification information as outlined in our KYC Requirements document in order for us to comply with our anti-money laundering obligations.  These requirements are subject to change at any time as required by legislation at any time in force.

Transaction Information

When you use epDirect to send money to another business or request money from another business, we ask you to provide information related to each transaction. We retain this information for each of your transactions and may add this information to your account profile to be used for future transactions that you may make with us.

Information About You From Third Parties

In order to protect all our customers against potential fraud, we verify the information you provide about your company using information from published sources and / or Third Parties. We may conduct a background check on your business by obtaining information about you and your business from a credit bureau or a business information service such as Dun & Bradstreet.

Website Traffic Information

By signing the epDirect Contract, you acknowledge that Earthport collects information on web site usage – this includes, but is not limited to, which pages of our website you visit while you are on the ep-direct.net site, your IP addresses, and the times you access our website.

Our Use of "Cookies"

"Cookies" are small files of data that reside on your computer and allow us to recognise you as a Registered User if you return to the epDirect site using the same computer and browser. We send a "session cookie" to your computer if and when you log in by entering your email address and password. These cookies allow us to recognise you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

We also use longer-lasting cookies for other purposes such as to display your email address on our sign-in form, so that you don't have to retype the email address each time when you log in to your epDirect account We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.

Customer Service Correspondence

If you send us correspondence, including emails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from epDirect to you. We retain these records in order to keep records of our relationship, to measure and improve our customer service, and to investigate potential fraud and violations of our Contract. We may, over time, delete these records if permitted by law.

Non-Registered User Recipients and Requests

When a Registered User either sends a payment to, or requests a payment from, a business which is not a Registered User of epDirect, we will retain the information that the member submits to us, so that the member can see a complete record of his or her transactions, including uncompleted transactions. This information is stored indefinitely.

3. Our Use and Disclosure of Information

Internal Uses

We collect, store and process your personal information to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

  • provide the services and customer support you request;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially prohibited or illegal activities, and enforce our Contract;
  • customise, measure, and improve our services and the content and layout of our website;
  • tell you about targeted marketing, service updates, and promotional offers based on the communication preferences you have defined for your epDirect account (please refer to the section Our contacts with epDirect customers below);
  • compare information for accuracy, and verify it with third parties.

Disclosure to Other epDirect Customers

By accepting this Privacy Policy, you expressly agree that each time you pay or attempt to pay another epDirect Customer you have created in your Account(s), Earthport may then transfer relevant data to the other Customer, who may be located outside the European Union, in order to process, execute or otherwise deal and provide information about the payment.

Disclosure to Third Parties Other Than epDirect Customers

Earthport will not sell or rent any of your personally identifiable information to third parties, and will only disclose this information in the limited circumstances and for the purposes described in this policy. This includes transfers of data to non-EU member states. Specifically, you consent to and direct Earthport to do any and all of the following:

  1. Disclose information including, without limitation, transaction, account information, personal details and the contents of communications to the police, security forces, competent governmental, intergovernmental or supranational bodies, competent agencies (other than tax related authorities), departments or regulatory, self-regulatory authorities or organisations (including, without limitation, the Agencies set out in the table under the heading "Agencies" below) or other third parties that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity or potential illegal activity, or to conduct investigations of violations of our Contract. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies and law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering. Please contact us on the details set out at the end of this privacy policy if you want to receive further details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
  2. Disclose information in response to requirements of civil or criminal legal process
  3. For the purpose of this table, the phrase "All account information" includes: name, address, e-mail, telephone number, IP address, account number, account type, details of funding instruments associated with the account, details of payment transactions, details of commercial transactions, customer statements and reports, account preferences, details of identity collected as part of our “know your customer” checks on you, and customer correspondence.
  4. Disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
  5. Disclose aggregated statistical data with our business partners or for public relations.
  6.  As with any other business, it is possible that Earthport in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Earthport, including customer account information, but would continue to be bound by this Privacy Policy unless and until it is amended.

Our Contacts with Registered Users

We communicate with Registered Users on a regular basis via email to provide requested services, and we also communicate by phone to resolve customer complaints or claims made by users via epDirect, respond to requests for customer service, inform you if we believe your account or any of your transactions have been used for an illegitimate purpose, confirm information concerning your identity, business or account activity, carry out collection activities, conduct customer surveys or investigate suspicious transactions. We use your email or physical address to confirm your opening of an epDirect account, to send you notice of payments that you send or receive through epDirect (including referral payments described below), to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

We also use your email address to send you other types of communications that you can control, including the newsletters, customer surveys and notice of special promotions. You can choose whether to receive some, all or none of these communications when you complete the registration process, or at any time thereafter.

In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, these auditors cannot use personally identifiable information for any secondary purposes.

4. Information Security

Earthport is committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities.

The security of your epDirect account also relies on your protection of your epDirect password. You may not share your epDirect password with anyone. epDirect representatives will never ask you for your password, so any email or other communication requesting your password should be treated as unauthorised and suspicious. If you do share your epDirect password with a third party for any reason, the third party will have access to your account and your financial information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and changing your Profile settings, and also contact us right away.

5. Accessing and Changing Your Information

You can review the information you provided us and make any desired changes to such information, at any time by logging in to your account on the ep-direct.net website. Once you register with epDirect, we will keep your account information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection. Your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.

6. Accountability

Our Compliance Officer is responsible for ensuring that our day-to-day procedures comply with this Privacy Policy. If you want to exercise your right to access your information or have any questions about this privacy statement, you can contact us by using the contact details located on our website, or by email through the epDirect system.