Privacy Policy

The terms of this Privacy Policy constitute an inseparable part of the Neverless Terms of Use. The terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use unless otherwise specified.

This Privacy Policy is designed to address regulatory requirements of the jurisdictions in which Neverless offers its Services, including the General Data Protection Regulation (“GDPR”), as enacted by the European Commission.

This Privacy Policy outlines our practices with respect to collecting, using, and disclosing your information when you use the Services, including your personal data, which includes information that relates to a living individual and can be used to identify that individual (“Personal Data”). This Privacy Policy covers all of our Services and products and all methods by which you may access our Website and/or our Services, including the web and mobile applications. If you do not agree with this Privacy Policy, in general, or any part of it, you should not use the Services.

We encourage you to read the Privacy Policy carefully and use it to make informed decisions. By using the Services, you agree to the terms of this Privacy Policy and your continued use of the Services constitutes your ongoing agreement to the Privacy Policy.

Privacy is of utmost importance. We aim to protect the security and confidentiality of the Personal Data we acquire.

To use the Services, you will be required to fill in and provide the following two categories of information: identity information and services information. We do not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.

A. Identity information

Neverless may collect the following identity information about you to provide the Service:

1. name, nationality, gender and date of birth, country of residence, email address, and phone number;
2. a copy of your passport and/or national driver's licence or government-issued identification card to verify your identity;
3. your residential address, including proof of address such as your bank statements or utility bills;
4. source of funds
5. bank account information and credit-related Personal Data including bank statements or tax assessments;
6. location data;
7. details of an individual's dealings with us, including telephone records, email, and online interactions;
8. other personal data that is required for the operation of the platform; and
9. other information as may be provided by you from time to time when you engage in our Services, respond to surveys available on the Services, or communicate with us.

B. Service information

Neverless may collect the following information that helps us to contact you and provide you with the Services, including but not limited to:

1. information relating to the device you use to access the Services, such as the type of device, its operating system, unique device identifier, IMEI and/or IP address used, Cookies, and other web technologies;
2. information about how you use the Services, such as browser type, operating system, referring/exit pages, the features of the Services you used or browsed and the time spent on those features, search terms, the links on the Services that you clicked on and related data. We use such information to administer the Services and we analyse (and may engage third parties) such information; and
3. location information derived from your IP address or your mobile device's GPS coordinates, if you enable location services on your device. We may use location information to improve and personalise the Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

Wherever possible, Neverless will collect Personal Data and other information directly from you. We collect data and process data when you:

• register your Neverless Account;
• voluntarily provide us with information necessary to access the services;
• access our services via your browser or mobile phone cookies.

We will only collect, use and disclose Personal Data with your consent, your deemed consent, or as may be otherwise permitted under other applicable laws. In addition to the Personal Data you provide to us, certain information related to you that is not considered Personal Data under applicable laws may also be collected.

Neverless may collect Personal Data and other information from other sources, such as our affiliates, our service providers, or our affiliates’ service providers; public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; and/or from credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud or financial crimes. Neverless is not responsible for privacy policies and data protection of these other sources, or how they obtain relative information.

If you visit any of the links to third party websites as are listed on the Platform or any link of any of our third party partners, you shall agree to and comply with the separate and independent Privacy Policy of such third party websites. We will not bear any liability for the contents and activities of such websites or the partners.

We will use your information that we collect for the following purposes or in the following ways:

1. Set up your Neverless Account and provide the Services, including all underlying activities necessary to provide the services;
2. Maintain records of your transactions, and provide support to your account generally;
3. Identify and authenticate your access to the Services;
4. Authenticate your identity for the purpose of compliance with regulatory Know Your Customer and Anti-Money Laundering requirements, applicable law, our policies, and procedures;
5. Send you relevant push notifications, which are based on different activities offered by the Services;
6. Communicate with you and keep you informed of our latest updates and newsletters.
7. Market our Website, Platform, and Services;
8. Serve you personalised advertisements when you use the Services;
9. Perform research or conduct analytics in order to improve and customise the Services to your needs and interests, as well as other marketing activities;
10. Support and troubleshoot the Services and respond to your queries;
11. Enforce and/or investigate violations of our agreements, policies, procedures, and/or Terms of Use;
12. Detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardise or negatively affect the integrity of the Services; and
13. Investigate violations and enforce our policies, and as required by law, regulation, or other governmental authority, comply with a subpoena or similar legal process or respond to a government request.
14. Perform other tasks and duties as per the Terms and Conditions.

We do not disclose your Personal Data to any third parties, except to those who require access to the data in order to perform their tasks and duties and to share with third parties who have a legitimate purpose for accessing it, including our affiliates, service providers, partners, principals, auditors and other third parties for purposes of maintaining and improving the Services, performing Services on our behalf, advertising campaigns or other activities in connection with the Services.

We may share your Personal Data with governmental and regulatory authorities and entities, either at our own will or legal obligation or under a lawful request, including, but not limited to law enforcement authorities, regulatory agencies, self-regulatory agencies, and other appropriate agencies in connection with suspected or real fraud or other unlawful activities, prevent harm or financial loss. This includes sharing Personal Data in response to subpoenas, warrants, court orders, disclosures or other legal or investigative proceedings.

We are required under applicable laws and regulatory requirements to retain certain information, including, but not limited to, Personal Data of Users, User profiles, identification verification materials, and the information we used to satisfy our Know Your Customer (KYC) and Anti-Money Laundering (AML) obligations, account information, account agreements, and other agreements, account statements, and other records.

Such records are generally retained as required by law, rule, or regulation, or for the minimum amount of time necessary to accomplish the purpose for which it was collected.

Should you decide to close your Account, we may retain copies of information about you and any transactions or services in which you may have participated in accordance with applicable law and for a period of time that is consistent with such law, the applicable statute of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our services and products, to assist with investigations, to enforce any of our terms and conditions or other applicable agreements or policies, or to take any other actions consistent with applicable law. Once this time period has expired, we will delete your data.

We strive to ensure that our systems are secure and that they meet industry standards. We seek to protect non-public Personal Data that is provided to Neverless by third parties and you by implementing physical and electronic safeguards. Where we believe appropriate, we employ firewalls, intrusion prevention, encryption technology, user authentication systems (i.e. passwords and personal identification numbers), and access control mechanisms to control access to systems and data. We endeavour to engage service providers that have security and confidentiality policies of such service providers to have access to users’ Personal Data. We instruct our employees to use strict standards of care in handling the personal financial information of users. As a general policy, our staff will not discuss or disclose information regarding an account except with authorised personnel of our service providers, as required by applicable law and regulatory requirements law or, pursuant to a regulatory request and/or authority.

Despite our efforts to protect the security of your information, no security system is always effective and we cannot guarantee that our systems will be completely secure. We will take reasonable steps and use technical, administrative, and physical security measures appropriate to the nature of the information and that comply with applicable laws to protect Personal Data and other information against unauthorised access and exfiltration, acquisition, theft, or disclosure. Although we take enhanced steps to safeguard information, given the nature of information security, there is no guarantee that such measures will always be successful. We cannot be responsible for the acts of those who gain unauthorised access or abuse the Services, and we make no warranty, express, implied, or otherwise, that such access will be prevented.

Neverless would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

1. The right to access your Personal Data: you have the right to request Neverless for copies of your personal data. We may charge you a small fee for this service.
2. The right to rectify your Personal Data: You have the right to request that Neverless correct any information you believe is inaccurate. You also have the right to request Neverless to complete the information you believe is incomplete.
3. The right to erase your Personal Data: You have the right to request that Neverless erase your personal data, under certain conditions.
4. The right to restrict the processing of your Personal Data: You have the right to request that Neverless restrict the processing of your personal data, under certain conditions.
5. The right to object to processing: You have the right to object to Neverless's processing of your personal data, under certain conditions.
6. The right to data portability: You have the right to request that Neverless transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
7. withdraw consent to process your Personal Data (which shall also mean that the Services will no longer be provided to you).

If you would like to exercise any of these rights, please contact us at our email: privacy@neverless.com

You may request to delete your Personal Data, with the exception that we may refuse your deletion request in certain circumstances, such as compliance with law or legal purposes.

While we aim to respond to these requests free of charge, we reserve the right to charge you a reasonable fee should your request be repetitive or onerous. If a User fails to fulfil the above responsibilities and causes damage to the information and dignity of another person, the User may be held liable in accordance with relevant laws.

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

We use cookies in order to provide better service, facilitate the use of our Platform, track usage of our Services, collect data, and address certain security issues. When you access our Services, we may send the cookies to your computer or phone. Your computer or phone stores the cookie in a file located inside your web browser. The cookies help us keep track of your visits to our Website and your activity with our Website and Services to understand how you interact with us.

We may link the information collected by cookies with other information we collect from you pursuant to this Privacy Policy and use the combined information as set forth herein.

We use the following types of cookies:

• Strictly Necessary Cookies: allow us to provide basic website functions such as browsing capabilities and secure access.
• Functional Cookies: allow our website to provide enhanced functionality. For example, we use these cookies to notify you of account updates, notifications, and reminders. You may refuse to accept these cookies; however, this may affect access to certain parts of our website. Additionally, you may not be able to take advantage of personalised features.
• Performance/Analytics Cookies: These cookies may be set on our website by our advertising and marketing service providers and partners. They are used to track online activities and help us provide relevant advertising, links, or other information about our services and products to users visiting other websites after visiting our website. All information collected by these cookies is aggregated and therefore anonymous. It is only used to improve the efficiency of the website. We also use third party tools to collect information about your use of the Services. Third party tools collect information such as how often users access the Services, what pages they visit when they do so, the device used, the IP address. We use the information we get from third party tools only to improve our Services. Third party tools collect the IP address assigned to you on the date you visit sites, rather than your name or other identifying information.
• In addition to cookies, we use pixels to measure our marketing campaigns and to understand how users navigate and process the content on our website and interact with our services.
• We use growth, engagement, and analytic tools of third party advertising networks.

Your browser is likely set to accept cookies. However, if you would prefer not to receive them, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies (as explained below), it is possible that some areas of our website will not function properly when you view them.

A. General

Neverless would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.

If you have agreed to receive marketing, you may always opt-out at a later date.

You have the right at any time to stop Neverless from contacting you for marketing purposes or giving your data to other members of Neverless.

B. Advertisements

We may use third party advertising technology to serve advertisements when you use the Services. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g. by placing third-party cookies on your web browser). We may also use our third parties and share with them Users’ information to assist us in evaluating the success of our advertising campaigns and help us retarget our Users.

The Services are not designated for individuals under the age of 18. If you are under 18 years old, you should not download the Application, use the Services, or provide any Personal Data to us. We reserve the right to access and verify any Personal Data collected from you. In the event that we become aware that an individual under the age of 18 has shared any information, we will delete such information within a reasonable time. If you have any reason to believe that an individual under the age of 18 has shared any information with us, please contact us at privacy@neverless.com

Neverless reserves the right to make changes to this Privacy Policy. You should review our Privacy Policy frequently. If we make material changes to our Privacy Policy, our revised Privacy Policy will be posted on our website and it will either be noted on our website that material changes have been made or we will notify our clients by email. The date of the most recent update to our Privacy Policy will be set forth in this Privacy Policy.

If you have any questions about Neverless's privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at privacy@neverless.com with the subject “Privacy Request”, which is the only valid and official email through which we will communicate with you in respect to our Privacy Policy, and we will not bear any liability for your failure to use effective contact information, any act, or omission.