This user agreement will be effective as to all borderless users on 11/08/2018.
We may amend this Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time it is posted. If the revised version includes a substantial change, borderless will provide you with thirty (30) days’ prior notice of any substantial change by posting notice on the Website. You agree to the new-posted Terms by continuing your use of our Website. If you do not agree with the modified Terms, your sole remedy is to discontinue using our Website.
1.0. Intellectual Property
1.1. Our Rights. You acknowledge and agree that borderless, along with our corporate affiliates, processors, partners and other licensors, own all of the text, images, software, trademarks, service marks, or other material contained on our Website. No right or interest in the software, text, trademarks, service marks, or other material on our Website is conveyed herein. All information, content, software, Website and services are protected by copyright and other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available through our Website for commercial or public purposes. All copyright, trademark, intellectual and other proprietary rights notices presented on our Website must appear on all copies you print or use. You are granted limited license only for the purposes of viewing the material contained on our Website. All rights not expressly granted in these Terms are reserved.
1.2. Your Rights. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Website any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please contact us at firstname.lastname@example.org.
2.0. Prohibited Activities
In connection with your use of our Website, or through the course of your interactions with us or our third parties, you may not: (i) breach this Agreement, or violate any of our policies; (ii) violate any law, statute, ordinance, or regulation; (iii) infringe on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (iv) act in a manner that is defamatory, trade libelous, threatening or harassing; (v) provide false, inaccurate or misleading information; (vi) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (vii) take any action that imposes an unreasonable or disproportionately large load on our Website or software systems (including any networks and servers) operated by us or on our behalf; (viii) facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or our Website; (ix) use an anonymizing proxy; (x) use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission, or use any device, software or routine to bypass our robot exclusion headers, or interfere or disrupt or attempt to interfere with or disrupt our Websites, software, systems (including any networks and servers) operated by us or on our behalf, or other users’ use of our Website; (xi) take any action that may cause us to lose any of the services from our internet service providers, or other Processors, suppliers or service providers; (xii) circumvent any borderless policy; or (xiii) harass and / or threaten our employees, agents or other users.
2.1. Actions We May Take. Access to certain areas of our Website are restricted and we may further restrict access by you to any areas of this Website, at any time, in our sole discretion. If we believe that you’ve engaged in any of the prohibited activities, we may take a number of actions to protect ourselves, our users and others at any time, in our sole discretion. The actions we may take include, but are not limited to: (i) limiting your access to our Website, software, systems (including any networks and servers) operated by us or on our behalf; (ii) contact other impacted parties, or law enforcement about your actions; (iii) update inaccurate information you provided us; (iv) take legal action against you.
3.0. Your Content
For the purposes of these Terms, “Content” shall mean any audio, video, text, images, or other material you choose to post or display on our Website. By posting or displaying your Content, you grant borderless a non-exclusive, worldwide, irrevocable, sub-license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your content must be original and your own and must not be invading any third-party rights or in violation of these Terms. We reserve the right to remove any of your Content from our Website at any time, for any reason, without notice.
4.0. General Provisions
4.2. Indemnity. You must indemnify us for actions related to your use of our Website. Notwithstanding the foregoing or anything to the contrary in these Terms, you agree to defend, indemnify, and hold us harmless, and our respective employees, directors, agents, affiliates and our Processors (collectively, “borderless Parties”) from and against any claim, suit, demand, loss, liability, damage, action, proceeding, or expense (including reasonable attorneys’ fees) made or incurred by any third party, arising out of or relating to: (i) your breach of any provision of these Terms; (ii) your use of our Website; (iii) negligence or willful misconduct by you, your employees, contractors, agents or Representatives; (iv) your violation of any law or the rights of a third party; (v) the actions or inactions of any third party to whom you grant permission to access our Website, software, or systems (including any networks and servers) operated by us or on our behalf.
4.3. Limitation of Liability. Our liability is limited with respect to your borderless account and your use of our Website. In no event will borderless Parties be liable for any lost profits, lost revenue, lost business opportunity, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to these Terms (however arising, including negligence), our Website, software, or systems (including any networks and servers) operated by us or on our behalf, including without limitation the use of, inability to use, or unavailability of our Website. Under no circumstances will any of the borderless Parties be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of our Website or the data contained therein, or your failure to use or implement security, controls or processes that are appropriate for your business or person.
In addition, borderless Parties assume no liability or responsibility for any damages or losses (including, but not limited to, personal injury or property damage, loss of money, goodwill, reputation, profits or other intangible losses, or any special, indirect, or consequential damages) of any nature whatsoever, resulting directly or indirectly from: (i) your access to or use of, or your inability to use, our Website, software, or systems (including any networks or servers) operated by us or on our behalf; (ii) delays, interruptions, cessations of transmission to, or disruptions in our Website, software, systems (including any networks or servers) operated by us or on our behalf; (iii) any misuse of our Website or data; (iv) any software bugs, viruses, or other harmful or malicious code and software that may be transmitted or obtained through or by accessing our Website, software, or systems (including any networks or servers) operated by us or on our behalf, or any Website or service linked to our Website or software; (v) any errors, glitches, bugs, inaccuracies, or omissions in our Website, software, or systems (including any networks and servers) operated by us or on our behalf, data, or the information and graphics obtained from them; (vi) the content, actions, inactions, defamatory, offensive or illegal conduct of any third party; or (vii) your need to modify your practices, content or behavior as a result of the changes to this Agreement or our policies.
This limitation of liability section applies regardless of the legal theory that the claim is based on, including, without limitation, contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if we have been advised of the possibility of such damage.
The foregoing will apply to the fullest extent permitted by law.
4.4. No Warranty; Disclaimer. OUR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BORDERLESS, OUR AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BORDERLESS, OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not guarantee continuous, uninterrupted or secure access to any part of or operation of our Website, software, or systems (including any networks and servers) operated by us or on our behalf. These may be interfered with by numerous factors outside of our control. Certain services or functionalities may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
4.5. Release of borderless. If you have a dispute with any other borderless user, you release borderless and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release.
4.6. Entire Agreement, Severability.
(a) Entire Agreement. These Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and us for the provision and use of our Website. Except where expressly stated otherwise in a writing executed between you and us, these Terms will prevail over any conflicting policy or agreement for the provision or use of our Website. If any provision or portion of these Terms is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
(b) Severability. In the event that any provision contained herein shall for any reason be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms, the remainder hereof shall remain in full force and effect and enforceable.
4.7. No Waiver. Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to any subsequent breach of the same or any other provision, or similar breaches, nor shall a delay or omission to avail ourselves of any right, power or privilege that we have or may have hereunder operate as a waiver of any right, power or privilege.
4.8. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us.
4.9. Assignment. You may not transfer or assign any rights or obligations you have under these Terms without the prior written consent of borderless. We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time. These Terms shall inure to the benefit of all permitted successors and assigns.
4.10. Contacting Us. If you have questions concerning these Terms, you may contact us at email@example.com.
“Cookies” means any cookies and other tracking technologies. Cookies are small data files that are stored on your hard drive or in your Device memory when you visit a website or view a message, used to collect standard internet log information and visitor behavior information. For further information, visit https://www.allaboutcookies.org/ .
“Device” means any computer or mobile device.
“Device Information” means any data that can be automatically collected from any Device used to access our website or Services. Such information may include, but is not limited to, your Device type, your Device’s network connections; your Device’s name; your Device’s IP address; information about your Device’s web browser and the internet connection being used to access our website or Services; Geolocation Information; information about apps downloaded to your Device; and biometric data (e.g., Touch ID / Fingerprint to verify your identity).
“Geolocation Information” means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some Services require this information to provide a specific Service. Our Services may not function properly without this information.
“Guest Transaction” means a person’s use of our Services without logging into and / or establishing a borderless account.
“Personal Information” is any information relating to an identified or identifiable natural person.
“Process” or “Processing” means any operation that we perform on Personal Information.
“Technical Usage Data” means information we collect from your phone, computer or other Device that you use to access our website or Services. Technical Usage Data tells us how you use our website and Services, such as what you have searched for and viewed on our website and the way you use our Services, including, but not limited to: (i) your IP address; (ii) statistics regarding how pages are loaded or viewed; (iii) the websites you visited before coming to our website and other usage and browsing information collected through Cookies.
“Web Beacons” are electronic images that may be used in our Services or emails.
those in North America, Europe, APAC and other jurisdictions.
borderless complies with the EU-U.S. Privacy Shield Framework (the “Privacy Shield Principles”) as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States. See Privacy Shield Notice section for additional information.
By applying to, signing up for or using a borderless account, you authorize and consent to our obtaining from, and disclosing to, third parties, from time to time, any information about you in connection with the Processing of any credit investigation, identity or account verification, fraud detection, or collection procedure, or as may otherwise be required by applicable law. This includes, where lawful, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau.
We collect Personal Information about you when you visit our website, apply or sign up for a borderless account, or use our Services and when you provide information as part of our identity or account verification process. Some of the information we collect is for compliance with laws and regulations, including anti-money laundering and anti-terrorist financing laws.
We may collect information about you, including but not limited to:
Registration Information. When you register to use our Services by establishing a borderless account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with information to establish a borderless account. This may include, but is not limited to: (i) your full name; (ii) postal address; (iii) email address; (iv) telephone number; (v) photograph; (vi) birthdate; (vii) passport; (viii) driver’s license; (ix) Social Security, Taxpayer Identification, or other government-issued number; (x) tax information, including withholding allowances and tax filing status; (xi) financial information, including bank account information; and (xii) other historical, contact, demographic and identification information. We may require you to provide us with additional Personal Data as you use our Services.
Uploaded, Transaction and Sent Information. When you use our Services or access our websites, for example to make purchases from merchants or to process payments, we collect information about the transaction, as well as other information associated with the transaction such as: (i) information about the products and services you purchase or sell; (ii) information you provide about you or your authorized users, representatives, or beneficial owners; (iii) information you provide to counterparties using our Services (for example, invoice information); (iv) amount sent, received or requested; (v) amount paid for products or services; and (vi) merchant information.
Participant Information. When you use our Services or access our website, we collect Personal Data you provide us about the other participants associated with the transaction. We collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and the account number of the bill you intend to pay or request to be paid.
Information about your Friends and Contacts. It may be easier for us to help you transact with your friends and contacts if you provide Personal Data such as name, email address and telephone number about your friends and contacts while using our Services or if you connect your contact list information on your device with your borderless account. We collect your contact list or friend list information to improve your experience when you use our Services.
Information to Obtain Additional Services or Assistance. If you request or participate in an optional Service or feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We may collect Personal Information from you, such as (i) email address; (ii) phone number; or (iii) mailing address when you contact us to request information about our Services, register for a newsletter that we may offer, request to receive customer or technical support, or otherwise communicate with us.
Public Information. Information you post in comments on our website will be visible to the public.
Other Information. We may collect additional information from or about you when you communicate with us, contact our customer support teams, or respond to a survey.
We collect information about you when you use our Services, including but not limited to:
Device Information. We may collect specific information about the computer or mobile device used when you access our Services, including: (i) your hardware model; (ii) operating system and version; (iii) unique Device identifier; (iv) internet service provider; (v) mobile network information; and (vi) information about the Device’s interaction with our Services. We may also identify other software running on the Device for anti-fraud and malware-prevention purposes, but we will not collect any content from such software.
Geolocation Information. Through our applications, we may collect information about the location of your Device.
Technical Usage Data Information. We collect Technical Usage Data and information about how you use our Services, including your access date and time, browser type and language, and Internet Protocol (“IP”) address.
Transaction Information. When you use our Services to make, accept, request, or record payments or money transfers, we may collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the Devices and Payment Methods used to complete the transactions.
Information Collected by Cookies and Web Beacons. We use various technologies to collect information when you use our Services, including sending Cookies to your Device and using Web Beacons. Among other things, Cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. For more information and to learn how to block or delete Cookies used in our Services, please see “Your Choices” section below. We may also collect information using Web Beacons. We may use Web Beacons to deliver Cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Certain limited Services are available without being required to log in or establish a borderless account.
We may also collect information about you from third parties, including third-party verification services, credit bureaus, mailing list providers, merchants, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
Our website may contain links to other websites that may reference or link to our website or other Services. These other domains and websites are not controlled by us, and we do not endorse or make any representations or warranties about third-party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our website and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your Device when using our website or other Services. You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services, you assume the risk that the information provided by you may be viewed and used by third parties for any number of purposes.
We acquire, retain, use, and Process Personal Information about you for a variety of legitimate business interests, including to provide products, Services, or requested information.
Processing Personal Information. We may Process your information to provide, maintain and improve our products or Services, or information, including the following:
Website and Services. We may Process your Personal Information to operate our website and provide you our Services including, but not limited to: processing or recording payment transactions; authenticating your access to a borderless account; initiating a payment or paying a bill; displaying historical transaction information; accessing certain areas, functionalities and features of our Services; delivering the information and support you request; to communicate with you about your borderless account, our website, our Services, or borderless; create a connection between your borderless account and a third-party account or platform; perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes; and to keep your borderless account and financial information up to date.
Research and Development. We may use Personal Information about you to improve, personalize and facilitate your use of our Services. We also may use Personal Information about you to perform research about how you use our Services; measure, customize, and enhance our Services, including the design, content and functionality of our applications and website; or to track and analyze trends and usage in connection with our Services.
Protection and Security. We may use Personal Information to manage risk and protect our website and Services and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of our website or Services. We may also use your Personal Information to protect our rights or property, or the security or integrity of our Services; or to investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities.
Marketing. We may use Personal Information about you to deliver
marketing materials about borderless products and Services and
the products and services of unaffiliated businesses. We may
also send you news and information or conduct surveys and
collect feedback about our Services. We may communicate with
you about products, services, contests, promotions, discounts,
incentives and rewards offered by us and select partners, based
on your communication preferences and applicable law. We may
also Process your Personal Information to tailor certain
Services or website experiences to better match our
understanding of your interests.
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send. You will then be removed from the marketing email list; however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You cannot opt out of service-related emails. If you do not wish to receive service related emails, your sole remedy is to terminate your borderless account and discontinue using our Services
Sharing Content with Your Contacts. We may use your Personal Information to connect you with people you already know. For example, you may upload contact information from an existing source and we will use that information to help make transactions easier to initiate or fulfill. We may also use your Personal Information to suggest connections between you and people you may know. These features vary by Service.
Location-specific Functions. If you share your Geolocation Information through our Services, we may use this information to enhance the security of our website and Services and may provide you with location-based Services, such as advertising, search results, and other personalized content.
Other Purposes. We may use your Personal Information to contact you to resolve disputes, collect fees, and provide assistance for problems with our Services or your borderless account. We may also use your Personal Information to respond to your requests, for example to contact you about a question you submitted to our customer service team; or for any other purpose disclosed to you in connection with our Services.
With our group companies and other affiliates. We may share your Personal Information with members of the borderless family of entities, group companies and other affiliates to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of the borderless products, Services and communications; and for the purposes outlined above.
With other companies that provide services to us. We may share Personal Information with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, transaction processing assistance, marketing services, customer support and fee collection services).
With financial institutions. We may share Personal Information with
financial institutions, payment networks, payment card
associations, and other entities in connection with the payment or
money transfer process, as well as to keep your financial
information up to date.
With other parties to borderless transactions. We may share information with other users (including merchants or their service providers) of our Services with whom you interact through your own use of our Services. For example, we may share information when you make or accept a payment using our Services. This information includes: (i) Personal Information necessary to facilitate the transaction; (ii) Personal Information to help facilitate future transactions; (iii) information to improve the borderless experience; (iv) information to help other participant(s) resolve disputes and detect and prevent fraud; and (v) aggregated data and performance analytics to help merchants better understand borderless users and to help merchants enhance our users’ experiences.
During negotiations. We may share Personal Information about you in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our businesses.
With your consent. We also will share your Personal Information and
other information with your consent or direction, including if you
authorize an account connection with a third-party account or
In addition, we may provide aggregated statistical data to third parties, including other businesses and members of the public, about how, when, and why borderless users visit our website and use our Services. This data will not personally identify you or provide information about your individual use of our website or Services.
Onward Transfer and Liability. We do not sell, trade, share or rent your personal information to unaffiliated third parties. Affiliated third parties may receive your data in fulfillment of our service. We maintain specific contract agreements with these companies to ensure that they use the data only for intended purposes and protect the data as we would. If this practice were to change, we would specifically provide you with the opportunity to choose to “opt in” or “opt out” of the sharing of your data. We may be required to release personal information to third parties in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
You agree that all Personal Information collected via or by borderless may be transferred, Processed, and stored anywhere in the world, including but not limited to, in the cloud, or on the servers of our service providers. Your Personal Information that we collect may be transferred to countries that have different data protection rules than in your country. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to borderless, you explicitly consent to the storage of your Personal Information in these locations.
Although we will make good faith efforts upon your request to provide you with access to your information, there may be circumstances in which we are unable to provide access, including but not limited to: (i) where the information contains legal privilege; (ii) would compromise others’ privacy or legitimate rights; (iii) where the burden or expense of providing access would be disproportionate to the risks to your privacy; or (iv) where it is commercially proprietary.
If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
Choices Relating to Personal Information We Collect. (i) You may decline to provide Personal Information when it is requested by borderless, but certain Services or all of our Services may be unavailable to you; (ii) the Device you use to access our website or Services may collect information about you, including Geolocation Information and Technical Usage Data that borderless may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available on the Device.
Choices Relating to Our Use of Your Personal Data. (i) We work with partners and third party service providers to serve you advertising using ad-related Cookies and Web Beacons. You can opt out of third party advertising related Cookies and Web Beacons, in which case our advertising would not be targeted to you. You will continue to see our advertising on third party websites. For more information on third party advertising related Cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit http://optout.aboutads.info/?c=2&lang=EN . (ii) You may opt out of tracking and receiving tailored advertisements on your Device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices . (iii) If available, you may manage your preferences for finding and connecting with others from your borderless account.
Choices Relating to Cookies. When you access your borderless
account, our website, or use our Services, to help make your
experience simpler, our web server may send a Cookie to your
Device. We may use a Web Beacon to deliver such Cookies. We may
collect information from you automatically through Cookies or
similar technology. Certain Cookies we use last only for the
duration of your web or application session and expire when you
close your browser or exit the application. Other Cookies are used
to remember you when you return to use our Services and, as such,
will last longer.
We may share some limited aspects of this data with third parties
for advertising purposes. We may also share online data collected
through Cookies with our advertising partners. This means that when
you visit another website, you may be shown advertising based on
your use of our Services.
Some of the Cookies used in our Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile Device browsers are set to automatically accept Cookies by default. However, you can change your browser settings to prevent automatic acceptance of Cookies, or to notify you each time a Cookie is set.
You may have options available to manage your Cookies preferences. For example, your browser or internet Device may allow you to delete, disable, or block certain Cookies and other tracking technologies. You can learn more by visiting AboutCookies.org or allaboutcookies.org, which include additional useful information on Cookies and how to block Cookies on different types of browsers and mobile Devices. You may choose to enable these options, but doing so may prevent you from using many or all of the features and functions available on our website or through our Services.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics.
To be clear, these Cookie-based opt-outs must be performed on each Device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each Device.
Your Choices Relating to Communication. We may send you marketing
content about our website, Services, products, products we offer
jointly with third parties, as well as the products and services of
unaffiliated third parties via various communications. You may opt
out of these communications by following the instructions in the
marketing communications you receive. For messages sent via push
notifications, you may manage your preferences in your Device. We
will process your request within a reasonable time after receipt.
We will send communications to you that are required or necessary to send to users of our Services (such as digital receipts and messages about your account or our ongoing business relations), notifications that contain important information, and other communications that you request from us. You may not opt out of receiving this non-promotional communication.
Other Rights. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right: (i) to request access and obtain a copy of your personal information (we may charge you a small fee for this service); (ii) to request rectification for any information that is inaccurate or incomplete; (iii) erasure under certain conditions; (iv) to restrict the processing of your Personal Information under certain conditions; and (v) if applicable, to data portability under certain conditions. In certain circumstances, you may also have the right to object to the processing of your Personal Information. If you make a request, we have thirty (30) days to respond to you after receipt of notification. To make such a request, please use the contact details provided in the Contact section, below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to Process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the Processing before its withdrawal.
While we are dedicated to securing our systems and Services, you are solely responsible for securing and maintaining the privacy of your password(s) and borderless account and profile registration information and verifying that the Personal Information we maintain about you is accurate and current.
We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. If information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.
We are not responsible for protecting any Personal Information that we share with a third party based on an account connection that you have authorized.
Our website and Services are not directed to children under the age of thirteen (13). We do not knowingly collect or store information, including Personal Information, from children or other individuals who are not legally able to use our website and Services. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org . If we obtain actual knowledge that we have collected Personal Information from a child under the age of thirteen (13) (and in certain jurisdictions under the age of sixteen (16)), we will promptly take steps to delete such information and terminate the child’s account, unless we are legally obligated to retain such data.
See section Privacy Notice For California Residents for supplemental information, which applies solely to users, clients, and others who reside in the State of California
You shall indemnify us and our representatives and hold us and our representatives harmless from and against any and all losses resulting from our non‐compliance with applicable privacy laws which are a direct consequence of your actions or omissions.
Our Data Protection Office is responsible for overseeing what we do with your information and monitoring our compliance with data protection laws.
borderless Data Protection Officer
1229 S. Shelby Street
Louisville, KY 40203
Privacy notice: EU-U.S. Privacy Shield Framework (“Privacy Shield Notice”)
Privacy Shield Principles: borderless complies with the EU-U.S. Privacy
Shield Framework (the “Privacy Shield Principles”) as set forth by the
United States Department of Commerce regarding the collection, use, and
retention of personal data transferred from the European Union to the
United States. borderless has certified to the United States Department of
Commerce that it adheres to the Privacy Shield Principles. If there is any
conflict between the terms of the Privacy Shield Notice and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield Principles, and to view our certification,
please visit https://www.privacyshield.gov/.
Data Processed: borderless may act as a data processor for certain data controllers residing in the European Union. Borderless adheres to the Privacy Shield Principles with respect to personal data submitted by borderless’ customers, affiliate entities, customers of affiliate entities, or business partners for services in connection with the offering of foreign exchange and international payment solutions. borderless may process the following types of personal data.
Authentication Data. This includes full legal name, home address, personal telephone numbers, documents that verify address and personal telephone numbers, personal email address, online contact details, date of birth, country of domicile, passport information, driver's license information, tax identification number and signature authorization.
Professional Data. This includes name of employer, title, position held, duration of employment, work address, work phone number, and work email address.
Customer Access Data. This includes username and password to log into the borderless platform or any other online system, which allows you to access our products and services, location data, and website access information.
Financial Data. This includes assets, financial relationship information, financial account information, sources of wealth, salary and other income information, documentation to support sources of wealth and income information, and financial transaction information.
Credit and Background Data. This includes credit and criminal checks and screening information, but only to the extent required or permitted by law.
Purposes of Data Processing: borderless processes personal data in order to lawfully provide foreign exchange and international payment solutions. borderless may access the personal data to provide its services, to correct and address technical or service problems, to follow the instructions of the borderless customer who submitted the data, or in response to contractual or legal requirements.
Complaints: In compliance with the Privacy Shield Principles, borderless
commits to resolve complaints about its collection or use of your personal
data. Natural persons residing within the European Union or Switzerland
with inquiries or complaints regarding the Privacy Shield Notice must first
contact borderless at:
Attn: borderless Data Protection Officer
1229 S. Shelby Street
Louisville, KY 40203
borderless has further committed to cooperate with regard to unresolved
Privacy Shield complaints concerning data transferred from the European
Union and Switzerland. borderless has agreed to refer unresolved complaints
related to Personal Information to the JAMS Privacy Shield Dispute
Resolution Program and has committed to cooperate with the panel
established by local data protection authorities and comply with the advice
given by the panel for EU citizens. For more information and to submit a
complaint regarding Individual data to JAMS, a dispute resolution provider
which has locations in the United States and the EU, visit
If neither borderless nor the aforementioned panel resolves your complaint,
you may have the possibility to engage in binding arbitration through the
International Centre for Dispute Resolution-American Arbitration
Association. You may also have a right, under certain conditions, to invoke
binding arbitration under Privacy Shield; for additional information, see
Third Parties: borderless uses third-party service providers to assist us in providing our services. These third-party providers perform database monitoring and other technical operations, assist with the transmission of data, ensure compliance with applicable anti-money laundering requirements, and provide data storage services. These third-parties may access, process, or store personal data in the course of providing their services. borderless maintains contracts with all third-parties that restrict their access, use, and disclosure of personal data in compliance with the Privacy Shield Principles, including the onward transfer provisions, and borderless may be liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
Your Rights: Natural persons residing in the European Union and Switzerland have rights to access their personal data, and to limit use and disclosure of their personal data. With our Privacy Shield self-certification, borderless committed to respect such rights.
Enforcement: borderless’ commitments under the Privacy Shield Principles are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Compelled Disclosure: borderless may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Effective Date: January 1, 2020
borderless adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.
Information borderless Collects
borderless collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). Specifically, borderless has collected the following categories of personal information from consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA's scope, such as personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA).
borderless obtains the categories of personal information listed above from the following categories of sources:
Directly from its clients. For example, from documents that clients provide to borderless related to the Services for which they engage.
Indirectly from its clients. For example, through information borderless collects from clients in the course of providing Services to them.
Directly and indirectly from activity on borderless’ website, www.getborderless.com. For example, from activity through borderless’ website portal.
From third-parties that interact with borderless in connection with the Services it performs.
Use of Personal Information
borderless may use or disclose the personal information it collects for one or more of the following business purposes:
To fulfill or meet the reason for which the information is provided. For example, if you provide borderless with personal information in order to carry out a transaction or receive Services, borderless will use that information to initiate the transaction or provide the Services.
To provide you with information, products or Services that you request from borderless.
To provide you with email alerts, event registrations, and other notices concerning borderless’ products or Services, or events or news, that may be of interest to you.
To carry out obligations and enforce any rights arising from any contracts entered into between you and borderless.
To improve borderless’ website and present its contents to you.
For testing, research, analysis and product development.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of borderless’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held is among the assets transferred.
borderless will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without first providing you notice.
Sharing Personal Information
borderless may disclose personal information to a third party for a business purpose. When borderless discloses personal information for a business purpose, it enters a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, borderless has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
borderless discloses your personal information for a business purpose to the following categories of third parties:
borderless’ affiliates and subsidiaries.
Third parties to whom you authorize us to disclose your personal information in connection with products or services borderless provides to you.
In the preceding twelve (12) months, borderless has not sold any personal information.
Your Rights and Choices
The CCPA provides California consumers with specific rights regarding their personal information. This section describes rights available under the CCPA and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that borderless disclose certain information to you about its collection and use of your personal information over the past 12 months. Once borderless receives and confirms your verifiable request, it will disclose to you:
The categories of personal information borderless collected about you.
The categories of sources for the personal information borderless collected about you.
borderless’ business or commercial purpose for collecting that personal information.
The categories of third parties with whom borderless shared that personal information.
The specific pieces of personal information borderless collected about you.
If borderless sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that borderless delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once borderless receives and confirms your verifiable consumer request, it will delete, and direct its service providers to delete, your personal information from its records, unless an exception applies.
borderless may deny your deletion request if retaining the information is necessary for borderless or its service providers to:
Complete the transaction for which borderless collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of the ongoing business relationship with you, or otherwise perform a contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to borderless by emailing email@example.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows borderless to reasonably verify you are the person about whom it collected personal information or an authorized representative.
Describe your request with sufficient detail that allows borderless to properly understand, evaluate, and respond to it.
borderless cannot respond to your request or provide you with personal information if it cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to establish an account with borderless. borderless will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
borderless makes reasonable efforts to respond to a verifiable consumer request within forty-five (45) days of its receipt. If borderless requires more time, but in no event more than ninety (90) days, it will inform you of the reason and extension period in writing. borderless will deliver its written response by mail or electronically. Any disclosures borderless provides will only cover the twelve (12) month period preceding the verifiable consumer request's receipt. The response borderless provides will also explain the reason(s) it cannot comply with a request, if applicable. For data portability requests, borderless will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
borderless does not charge a fee to process or respond to a verifiable
consumer request unless it is excessive, repetitive, or manifestly
unfounded. If borderless determines that the request warrants a fee, it
will tell you why it made that decision and provide you with a cost
estimate before completing your request.
borderless will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, borderless will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to the Privacy Notice for California Residents
borderless reserves the right to amend this notice at its discretion and at any time. When borderless makes changes to this notice, it will notify you by email or through a notice on its website, www.getborderless.com.
Mail: borderless LLC
Attn: Data Protection Officer
1229 S Shelby Street