Terms of use - VillagePay

Village Financial Limited – VillagePod Terms of Use

These Terms of Use (the ‘Terms’) form a legally binding agreement between you (hereinafter, ‘yourself’, ‘you’, or ‘your’), in your capacity as a natural person and Village Financial Limited t/a VillagePod (‘VillagePod’,’we’, or ‘us’). Village Financial Limited t/a VillagePod is a limited liability company registered in Dublin, Ireland. Company registration number: 651300 RBN: 643515.

Depending on context, ‘VillagePod’ can also refer in these Terms to the VillagePod mobile application which allows you, amongst other things, to manage your electronic wallet, deposit funds into your electronic wallet (the ‘Wallet’), make payments to businesses that accept payments via the VillagePod platform (the ‘Businesses’) and send and receive virtual Gift Cards (collectively, the ‘Services’).

Your access to and use of VillagePod is subject to your agreement to these Terms. By accessing and using VillagePod, you acknowledge that you have read and understood these terms and you accept and agree to be bound by them. If you do not wish to be bound by them, you should not use or access VillagePod.

By accessing and using VillagePod, you also acknowledge that you have read and understood our Privacy and Cookie Policy which sets out the manner in which we may use your personal information and information about the cookies on VillagePod and its associated website(s). The Privacy and Cookie Policy follows these Terms.

We reserve the right to change or modify the Terms at any time. You agree that it is your responsibility to access and read the terms which apply from time to time whenever you access VillagePod. Your use of VillagePod following any amendment of these Terms will signify your assent to and acceptance of the revised Terms, but you should stop using VillagePod and any of its Services should you dissent. Where we in our sole reasonable discretion deem that a change to the Terms to be material, we will notify you of such change prior to it becoming effective in accordance with the terms set forth in the ‘Notice’ section below.

The date these Terms were last revised is stated at the end of this document.

WE MAY, IN OUR SOLE DISCRETION, REFUSE TO OFFER OUR SERVICES TO ANY PERSON OR ENTITY. WE MAY, WITHOUT NOTICE AND IN OUR SOLE DISCRETION, TERMINATE YOUR RIGHT TO USE THE SERVICES OR ANY PORTION THEREOF, AND BLOCK OR PREVENT YOUR FUTURE ACCESS TO AND USE OF THE SERVICES OR ANY PORTION THEREOF. WE MAY, AT ANY TIME AND FOR ANY REASON, DISCONTINUE THE SERVICES IN ITS ENTIRETY, OR ANY PART THEREOF, WITHOUT PRIOR NOTICE AND/OR LIABILITY OF ANY KIND.

Subject to your agreement and your compliance with these Terms, you are hereby granted with a personal, revocable, non-transferable and non-exclusive right to use the Services. Use of the Services shall be solely for your own personal and private purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Services is governed by and subject to these Terms, and that such right shall terminate immediately if you violate any of these Terms and that, in such a case, you shall immediately refrain from using VillagePod and any of its Services.

Our Services to you as a user are made available for personal use only. You are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Services for any commercial or competitive activity or purpose.

We cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors (such as, but not limited to, failures of your local network, firewall, your internet service provider, your mobile operator, the public internet and your power supply) may interfere with your ability to communicate with VillagePod, which in turn may negatively affect your ability to access and benefit from the Services. VillagePod takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

Please note that the monies that are credited to your account from time to time for the purpose of making payment transactions with the Businesses. Such balances that you hold represent a creditor claim that you have against VillagePod. Please note that, although the VillagePod company backs such claims with bank deposits in fiat currency, your balances are not bank deposits.

VillagePod operates under the Regulation 4(k) of the European Union (Payment Services) Regulations 2018 known as the ‘Limited Network Exclusion’. Such operations are excluded from the definition of ‘electronic money’ under law and accordingly VillagePod is not regulated as a deposit-taking institution or as an electronic money issuer or payment services provider. As a result, your balances with VillagePod are not protected under any statutory compensation scheme and the Services are not subject to the jurisdiction of the Financial Services and Pensions Ombudsman. As required by the Regulations, VillagePod will notify the Central Bank of Ireland should the total value of payment transactions executed in providing our Services over the preceding 12 months exceed €1,000,000.

Eligibility and Access

VillagePod is operated primarily for use by residents of Ireland. By accessing or using the Services, you represent and warrant that you will not use our Services if the laws applicable to you in your country of residency and/or citizenship prohibit you from doing so in accordance with these Terms. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, please do not attempt to register for an account. Should you be found later to be non-eligible, VillagePod may terminate your account without notice. It is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the Services. We do not provide you with the equipment to access and/or use our Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by internet service providers or airtime charges).

You warrant, represent and undertake that the source of any and all funds used for transactions carried out by you using our Services, or which are otherwise transferred to VillagePod as part of or in consideration for the Services, are not derived from any unlawful activity, including but not limited to any activity that may cause you to be in breach of any of the offences contained in any applicable Anti-Money Laundering or Counter-Terrorism Financing laws or similar.

VillagePod may carry our ‘know your customer’ checks from time to time and you agree to provide any information and documents reasonably required by VillagePod to comply with any applicable Anti-Money Laundering or Counter-Terrorism Financing Laws and internal procedures of VillagePod implementing such laws or otherwise deemed prudent by VillagePod, including any know your customer or other identification checks or procedures that VillagePod may elect to perform.

Without derogation from any other right of VillagePod under these Terms or otherwise, VillagePod reserves the right to refuse to provide the Services, or to cease provision of the Services in the event that VillagePod has begun providing the Services, to any User where VillagePod has a suspicion that a User has committed an offence under the Applicable Anti-Money Laundering or Counter-Terrorism Financing Laws or in the event that such User fails to fully comply with any part of these Terms. Non-compliance with any request for information may result in an indefinite suspension of your account with VillagePod, and such suspension may happen in advance of a request for information being made by us.

Account Information

To access and use the Services you must first complete the registration process in order to open an account within VillagePod (the ‘Account’). In order to complete the registration process and obtain your own Account, you will have to provide personal information such as, but not limited to, your name, mobile phone number, date of birth and e-mail address (the ‘Account Information’) which will be used, amongst other things as set forth in these Terms, to create your electronic wallet (the ‘Wallet’). Please note that you will not be able to access or benefit from the Services unless you provide us with the Account Information.

VillagePod may, from time to time, request additional information from you in order to verify your Account Information, to provide you with additional Services, or to discharge its lawful obligations. Please note that you will also need to provide us with a payment source in order to fund your Wallet and enjoy the full functionality of the Services such as, for example, the making of payments to Businesses.

Your Display Profile

Your Display Profile is your name, neighbourhood and profile picture as you provided upon registration, and will be displayed openly on VillagePod to all Businesses and Users and used by VillagePod in social media promotions. We reserve the right to remove or reclaim any Display Name. Please note that, while such right is exclusively subject to our own reasonable discretion, we will always exercise it where a Display Name is offensive, objectionable or otherwise contrary to moral and ethical standards, or when the Display Name violates the rights of a third party.

Your Wallet Security

Access to your Wallet is only available to you, and you can access your Wallet only via the VillagePod application installed on your mobile device. Your account is linked to your mobile phone number and having access to this number to retrieve security SMS messages is a necessary part of holding and operating a VillagePod account. You should ensure that you securely hold access to your mobile phone number and/or SIM card as if insecure could be used to gain access to your VillagePod account by third parties.

You acknowledge and accept that you are solely responsible for the security of your Wallet and for any use of your Account. VillagePod will not be liable or accountable, nor shall be deemed to have any liability or accountability (to the maximum extent permitted by law), for any loss or damage regarding your failure to keep your Account or Wallet information secret and protected.

Furthermore, VillagePod has no control over your actions or transactions made while using VillagePod. With that in mind, VillagePod (to the maximum extent permitted by law) will have no liability to you or to any third-party for any claims or damages that may arise as a result of any actions or transactions that you engage in while using the Services. VillagePod (to the maximum extent permitted by law) shall not be liable for the acts or omissions of any third-parties, nor will it (to the maximum extent permitted by law) be liable for any damage that you may suffer as a result of interacting with any third-parties. We reserve the right to cancel or refuse to process any transaction in our sole discretion, including due to requirements of any applicable laws or regulations, and without prior notice.

The following rules govern the security of your Account:

You shall not let anyone else access your Account or do anything else that might jeopardize the security of your Account;

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or an unauthorized access to your Account, you must immediately notify VillagePod of such breach, and provide us with all of the information you have in relation to the circumstances;

You are solely responsible for maintaining the confidentiality of your Account Information, and you will be responsible for all uses of your Account, including purchases, whether or not authorized by you;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third-parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or if such use is otherwise improper or illegal; and

You undertake to monitor your Account and to restrict its use by any individual barred from accepting these Terms and/or receiving the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of your Account and/or of the Services by any of the above mentioned.

Any personal information that you provide us with, such as for example the Account Information, will be held and used in accordance with our Privacy and Cookie Policy agreement to which constitutes an integral part of these Terms.

You agree to supply us with accurate and complete information, and to update such information promptly after it changes.

You represent and warrant that you have full right and authority, including, without limitation, any third-party’s consent (to the extent required under any applicable law or agreement), to provide us with all of the Account Information, information related to your Wallet and any other information whatsoever that is provided by you through or in connection with your use of the Services.

Your Wallet Balances

In order to operate your account, you will need to register a debit card or connect your bank account for use on VillagePod (the ‘Payment Source’). You may only add a Payment Source to your Account if you are the named holder of the Payment Source.

Once you have added a Payment Source and selected the top-up option, VillagePod allows you to select the amount by which you wish to top-up (the ‘Top-Up Amount’). Once you have selected the Top-Up Amount and confirmed that you wish to top-up your balance by such an amount, your Source Card will be charged the Top-Up amount and your Wallet will be credited with the equivalent amount.

Please note that processing the above payment may involve third-party service providers and that, therefore, the payment details you provide may be shared with these third-party service providers. Please also note that we reserve the right to add and remove any means of payment from time to time, including those means of payment that may have been previously available to you to fund your Account.

Only Businesses listed in VillagePod can accept payments from your Wallet. By confirming payment to a Business on VillagePod, your Wallet balance will be reduced accordingly. Businesses accepting payment through VillagePod may discontinue their engagement with VillagePod at any time and without prior notice.

It is your responsibility to verify the accuracy of the identity of the Businesses you are making a payment to, as applicable. Any transaction made on VillagePod is full and final and VillagePod cannot and will not be responsible for refunding any erroneous payments to Businesses. VillagePod does not operate any chargeback functionality and therefore any payment should be treated like a cash payment.

VillagePod may from time to time offer certain bonuses (e.g., registration bonuses, bonuses for certain User activities performed in VillagePod, etc.) which will be added to your Wallet (the ‘Bonuses’). In the event your Account has not been used for a period of more than 90 days, any Bonuses previously provided and not used may expire.

If you do not access VillagePod for a period of one year, your Wallet balance will be forfeited and your Account closed.

Gift Card Balances

You may from time to time purchase or be sent by another User a virtual Gift Card for use in a particular Business. Such Gift Card balances represent a claim on the individual Business and are not a liability of VillagePod. If you purchase or receive a Gift Card, you should endeavour to spend the balance within a short period of time. Should the Business cease to trade or alternatively cease to accept VillagePod for payments, VillagePod will endeavour to recover the Gift Card balance on your behalf and, if successful will credit your Wallet with an equivalent amount to spend in other Businesses. If VillagePod is not successful in making such a recovery within a reasonable timeframe, VillagePod will issue you with a written communication which you can present directly to the Business or its administrators to make your claim to that Business. By using the VillagePod service, you agree and acknowledge that VillagePod has no responsibility to honour a Gift Card claim on the Business’ behalf.

Mandatory Payments

VillagePod is not responsible for any taxes, levies, charges and/or expenses of any kind you may incur, resulting from your use of the Services and/or in connection therewith, including distribution, use, transfer, sale and/or holding of your wallet as may be made available from time to time, whether such may be incurred pursuant to any applicable laws, rules or regulations, by any third-party service provider(s), or otherwise. Any and all such taxes, levies, charges and/or expenses of any kind shall be borne solely by you. You agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our directors, managers, employees or consultants, in connection with or related to any of the foregoing. You agree to indemnify, defend and hold VillagePod and its affiliates, and each of their respective officers, directors, agents, employees, and representatives, harmless from any claim or demand arising out of or related to any such taxes, levies, charges and/or expenses of any kind.

Withdrawing Funds

Your wallet top up from time to time is irrevocable and VillagePod does not operate any withdrawal service. If you wish to terminate your VillagePod account, you may empty your Wallet balance by spending it with a Business in advance of notifying us of your desire to close the Account.

Rules of Use

When using the Services, you shall not engage, nor may you assist other parties to pursue or engage, in unlawful or abusive uses or any types of activities that contradict the purpose of the Services, interfere with the ability of Users to benefit from any of the Services, or which we may otherwise bear equivalent or similar effect (‘Restricted Uses’). Restricted Uses include, but is not limited to, the following types of activities:

use which violates any applicable law, rule or regulation;

publishing, distributing or disseminating any unlawful material or information;

taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;

instituting, assisting or becoming involved in any type of attack (deliberate or other), including distribution of a virus, Trojans, attacks upon the Services that prevent access to or use any of our Services, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above;

entering or making an attempt to enter the Services (including by accessing linked platforms, networks or systems) without authorization, for example by using the information of Users;

designing or assistign in the design of cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Services;

attempting to disable or circumvent any security or access control mechanism of the Services;

using any unauthorized third-party software that accesses, intercepts, ‘mines’, or otherwise collects information from or through the Services, or information that is in transit from or to VillagePod;

bypassing any robot exclusion headers or other measures VillagePod employs to restrict access to the Services;

using any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

soliciting another person’s personal information under false pretences;

copying, modifying, or creating derivative works of the Services;

harassing, abusing, harming, or attempting to do any of these to another person or entity including VillagePod employees and service providers;

collecting, harvesting or posting anyone’s private information, in any media format and through any medium;

impersonating another User or Business or otherwise misrepresent yourself;

violating the legal rights of others, including defaming, abuse, stalking or threatening Users;

defrauding any other person, including VillagePod employees and service providers, Users and/or Businesses, by (amongst other behaviours) providing false, inaccurate, misleading, or partial information;

reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method unless you have received VillagePod’s prior written approval;

infringing the intellectual property rights, privacy rights, or moral rights of any third-party or VillagePod;

creating or entering a fictitious transaction or a transaction with fictitious elements of any kind, including by transacting with yourself using the Services, including through the opening of more than one Account, transacting as a User of VillagePod with a Business controlled by you or otherwise, with the intention to unrightfully enjoy benefits and/or Bonuses provided by VillagePod;

exploiting, disrupting or manipulating, or attempting to exploit, disrupt or manipulate the Services; and/or

utilizing or applying technological abilities not exploited or available to Users, to perform off Services transactions parallel to those performed by Users through the Services, and/or create unequal terms among Users regarding the use of Services (as interfering with transaction sequencing or activities commonly referred to as Front-Running) and/or create an unfair or abusive advantage over Users.

Engaging in any of these Restricted Uses, or other uses which may bear a similar effect, may be cause for the taking of legal actions on the part of VillagePod according to law, in addition to any right and remedies set forth herein or under any applicable laws.

Without derogating from the above, by accepting these Terms, you acknowledge that VillagePod makes no representation or warranty regarding its ability, nor assumes any liability, to detect, limit or prevent any Restricted Use.

Limitation or Termination of Access and Services

Any use of the Services that violates these Terms is strictly prohibited and can, at VillagePod’s sole discretion, result in the immediate revocation of your limited rights granted to you under these Terms. With no prejudice to any other remedy which may be available, VillagePod may, at its sole discretion and with no prior warning or subsequent liability, limit, suspend, revoke, terminate, modify, or delete your Account or access to the Service and/or Wallet, if you are failing to comply with these Terms or for any actual or suspected Restricted Use of the Services or if VillagePod suspects, in its reasonable discretion, that you are failing to do so.

We reserve the right to refuse to keep Accounts for and provide access to the Services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your own Account.

Any such actions, including the termination of your rights to use the Services, may be applied by VillagePod permanently or temporarily. In such an event, VillagePod may terminate your Account and access to the Services.

Upon termination of your Account, your Account log in credentials may not be reserved and it may not be possible to reinstate them. You hereby acknowledge and agree that VillagePod is under no obligation to compensate you for any losses of any kind whatsoever resulting from the cease of Services as set forth hereinabove, whether such closure was voluntary or involuntary, and you hereby irrevocably waive any demand or claim regarding the above.

In addition to the foregoing, we may selectively remove, revoke or garnish Bonuses associated with your Account. If your Account, or a particular subscription for a service associated with your Account, is terminated, suspended and/or if any Bonuses are selectively removed, revoked or garnished from your Account, no refund will be granted, no Bonuses will be paid to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Bonuses associated with your Account or such particular service.

You acknowledge that we are not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Bonuses associated with your Account. In the event that we terminate your Account, you may not participate nor make use of the Services again without our express consent.

If you believe that any action has been taken against your account in error, please contact us at: support@myvillagepay.com

You are solely responsible to preserve the originals of any content you provide and/or upload to the Services, including the history of your Wallet. We do not guarantee that any content will always be available through the Services. Do not rely upon VillagePod as a storage space for such content.

IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CONTACTING US AT: support@myvillagepay.com. IF YOU TERMINATE YOUR ACCOUNT WITHOUT FIRST EMPTYING YOUR WALLET, ANY REMAINING WALLET BALANCE BECOMES THE PROPERTY OF THE VILLAGEPOD COMPANY.

The provisions of these Terms shall survive any termination or expiration of your use of the Service, including without limitation, all disclaimers, limitation of liability and indemnity provisions.

Ownership, Copyrights

The Services and all of the content that appears in VillagePod, including without limitation, the use of the application’s name, software, web technologies, source code, concepts, artwork, photos, animations, sounds, methods of operation, moral rights, documentation, and virtual items (collectively, ‘Service Materials’), is the exclusive property of the VillagePod Company, or is being used with permission from its licensors.

VillagePod (or its licensors as applicable) retains all rights, title and interest in and to the Services and all of the content that appears in VillagePod, and all intellectual property rights relating thereto, including without limitations all copyright, patents, trademarks, logos, design rights and any other proprietary rights connected with the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to the Services and/or to any content that appears in VillagePod. VillagePod’s name and logo, and any other trademarks included in the Services and/or which appear on VillagePod, are trademarks of VillagePod. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Service Materials without our explicit, prior written consent. All other uses of copyrighted or trademark material, including any derivative use, require explicit and prior written consent from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.

All third-party product or service names and/or marks that may legitimately appear on the Services are property of their respective owners. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms or by anything on VillagePod, and all rights in such names, marks or logos are reserved to their respective owners.

You are not required to provide us with any feedback or suggestions regarding the Services or any of the Service Materials; however, you acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding VillagePod or the Services (collectively, ‘Feedback’) that are provided by you, whether by email or otherwise, are non-confidential and will become the sole property of VillagePod. To the extent permitted by law, VillagePod will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Content

You may be able to access, review, display or use third-party, including Businesses, resources, content, information, descriptions of goods and/or services, offerings or links to other websites, mobile applications or resources (‘Third-Party Materials’) via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third-Party Materials, and VillagePod disclaim any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials through the Services. You acknowledge and agree that VillagePod: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (ii) has no liability to you or any third-party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials does not imply any endorsement by us of any such third-party, its Third-Party Materials, goods or services provided by it or offerings made available through VillagePod by it. These Terms do not authorize you to, and you may not use any Third-Party Materials except as expressly permitted by the owners of such Third-Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third-party Materials. Without derogating from any of our rights and remedies under these Terms and/or under law, we will be entitled, at our sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third-parties in connection with the Third-Party Materials. You may not use any Third-Party Materials for which you have not obtained appropriate approval to use. We cannot grant permission to use third-party content.

Risks Statement, Representations and Warranties

VillagePod provides an execution-only service and does not advise on the merits of any particular transaction made available through VillagePod, including, without limitation, payment to any Business. As a general matter, Users should be aware of the following prior to utilizing our Services:

The Services allow you to pay Businesses through the VillagePod platform. Businesses are the sellers of the products and/or services and issuers of any offerings made available on VillagePod and are solely responsible to you for the care, quality, and delivery of any goods or services and availability, accuracy integrity, quality or lawfulness of any offerings.

You acknowledge and agree that processed and concluded transactions using the Services, are final and irreversible, and therefore are at your own risk and, as such, you irrevocably and unconditionally waive, release and discharge, to the fullest extent, any suit, claim and demand of any nature whatsoever, under any applicable law or agreement against VillagePod with respect thereto.

VillagePod will employ professional means in order to provide reasonable safeguard to your Wallet and the Services. Nonetheless, you acknowledge that the Services and the Wallet may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties, which may hinder the use of the Services, affect or even erase any balances on your Wallet, and that you will not hold VillagePod accountable or liable in any manner whatsoever with respect thereto.

VillagePod may use third parties to process certain types of payments, conduct risk analysis, as applicable for the requested service and for the selected payment method (‘Third-Party Service Providers’). The services provided by such Third-Party Service Providers will be governed exclusively by the terms of use or other terms and conditions of such Third-Party Service Providers, and VillagePod will have no responsibility or liability with respect to any of their acts or omissions and any result thereof.

The processing of any order, and the economic value of a transaction, may highly depend on the timing of the provision of the Services. You acknowledge and agree that the availability and timing of the Services may be affected by the need to retrieve certain information from offline storage, the availability of third-parties, and may be also affected by various network delays, and in any event VillagePod will not be liable in any manner with respect to any damage or claim arising out of or with respect to any delay in providing the Services.

It is hereby acknowledged and agreed that in no event will VillagePod be liable (to the maximum extent permitted by law) for any statutory, incidental, special, indirect, economic or consequential damages, losses or liabilities incurred to you (including, but not limited to, loss of revenues, savings or anticipated profits, loss of use, loss of data, loss of assets, loss of business opportunity, damages to goodwill and losses incurred as a result of, or in connection with, a mistaken or non-optimal financial calculation or analysis (whether direct or indirect)) as a result of, or in connection with, the use of the Services or damages based on any third-party claim or loss, arising out of or relating to the use or inability to use the Services, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), indemnity, or otherwise, even if VillagePod has been advised of the possibility of such damages.

Indemnification

You agree to (to the maximum extent permitted by law) indemnify, defend and hold VillagePod, its affiliates and service providers, and each of their respective officers, directors, agents, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use and/or access of Services, or (iii) your violation of any applicable law, rule, or regulation; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any user submission made by you has caused damage to a third-party.

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU ‘AS IS’ AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VILLAGEPOD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND, THE SERVICE, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND/OR TIMELINESS. VILLAGEPOD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES, OF THE CONTENT OF ANY SITES LINKED TO THE SERVICES, AND OF ANY THIRD-PARTY MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER VILLAGEPOD NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, JOINT-VENTURES, LICENSEES OR LICENSORS (COLLECTIVELY, ‘VILLAGEPOD PARTIES’) REPRESENT OR WARRANT THAT VILLAGEPOD AND THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT USE OF VILLAGEPOD AND THE SERVICE IS AT YOUR SOLE RISK.

ADDITIONALLY, IN NO EVENT SHALL VILLAGEPOD AND/OR VILLAGEPOD PARTIES BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THIRD-PARTY MATERIALS, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ANY AND ALL DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). UNDER NO CIRCUMSTANCES WHATSOEVER WILL VILLAGEPOD AND/OR ANY OF VILLAGEPOD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING FOR LOSS OF PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR DATA DESTRUCTION OR IMPAIRMENT) SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH THESE TERMS, OR YOU HAVE ANY DISPUTE WITH VILLAGEPOD AND/OR ANY OF VILLAGEPOD PARTIES, THE SOLE AND EXCLUSIVE REMEDY AT YOUR DISPOSAL IS TO DISCONTINUE USING THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER VILLAGEPOD NOR ANY VILLAGEPOD PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VILLAGEPOD AND/OR VILLAGEPOD PARTIES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES, BUSINESSES, ISSUERS OF TOKENS AND OPERATORS OF EXTERNAL SERVICES, AND THAT THE RISK REGARDING THE FOREGOING RESTS ENTIRELY WITH YOU.

Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. ‘Force Majeure’ referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labour disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.

LIMITATION OF LIABILITY

ITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF VILLAGEPOD AND/OR ANY OF VILLAGEPOD PARTIES, ARISING OUT OF THESE TERMS, THE SERVICES AND VILLAGEPOD EXCEED THE GREATER OF ONE HUNDRED EURO OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS FOR THE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VILLAGEPOD’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

ADDITIONALLY, YOU ACKNOWLEDGE THAT NEITHER VILLAGEPOD NOR ANY VILLAGEPOD PARTIES ACTS OR SERVES AS YOUR BROKER, INTERMEDIARY, AGENT, OR ADVISOR WITH RESPECT TO ANY ACTION (INCLUDING REFRAINING FROM ANY ACTION), INCLUDING WITHOUT LIMITATION, ANY CONVERSION, YOU MAKE OR PROPOSE TO MAKE USING THE SERVICES AND OWES YOU NO FIDUCIARY DUTY.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dispute Resolution and Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Ireland, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction.

You and VillagePod irrevocably agree the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter or formation.

Miscellaneous

The controlling language for these Terms is English; the meaning of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation is provided for your convenience and may not be deemed to represent accurately the information in the original English.

f any provision of these Terms is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and will not cause their invalidity or unenforceability.

Right of Assignment

Subject to applicable law and regulations VillagePod may in its sole discretion assign all or part of the rights arising under these Terms to any person, at any time, and without your prior consent.

Notices

Notices to you may be made to you during provision the Services via text message and/or e-mail. VillagePod may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally via the Services. You agree that all agreements, notices, disclosures and any other communications that VillagePod provides as aforementioned satisfy any legal requirement that such communications be in writing.

For any questions about these Terms or any other issue regarding VillagePod or the Services please contact us at: support@myvillagepay.com

Last updated 20 August 2021. Effective immediately for new users, effective 20 September 2021 for users registered prior to 20 August 2021.

VILLAGEPOD PRIVACY AND COOKIE POLICY

Introduction

This policy applies together with the terms of use to your access and use of VillagePod. This policy applies also to Businesses together with our Business Terms of Use (insofar as any Business personal data is processed).

This policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. ‘Personal information’ means information about a living individual who can be identified from that information (either by itself or when it is combined with other information). We do not knowingly collect data relating to children.

We are committed to protecting your personal data and respecting your privacy. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

This policy is issued on behalf of Village Financial Limited t/a VillagePod (‘VillagePod’) and its group companies that collect or process personal information about you. VillagePod is the data controller for the personal information we collect through the Services subject to this policy. We are committed to protecting your data and respecting your privacy.

Contact details

Village Financial Limited t/a VillagePod, 1 Quarry Road, Greystones, Co. Wicklow, Ireland.

If you have any queries about this privacy policy or in relation to how we use your personal data, please contact us at support@myvillagepay.com. If you wish to raise a complaint on how we have handled your personal information, you can contact us at support@myvillagepay.com and our team will investigate the matter. We hope that we can address any concerns you may have, but you have the right to make a complaint at any time to Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland.

Changes to the privacy policy

We keep our Privacy Policy under regular review and may change it from time to time by posting a revised version and updating the ‘Effective Date’ above. The revised version will be effective on the ‘Effective Date’ listed. We will provide you with reasonable prior notice of substantial changes in how we use your information, including by email. We may provide notice of changes in other circumstances as well. If you are unhappy with these changes, you can cancel your account at any time and/or stop your use of our Services.

Third party links

What type of personal data do we collect?

We may collect, use, store and transfer different kinds of personal data about you as follows:

Identity Data: may include first name, last name, username or similar identifier, title, date of birth, photograph or profile image, and ID Document and utility bill.

Contact Data: may include residential address, email address and mobile telephone number, utility bill. If at any point in the future you change your details, you must tell us promptly about those changes.

Financial Data: may include bank account and payment card details.

Transaction Data: includes details about your balance with us, payments to and from you and details of in-App purchases or Services used.

Device Data: includes the type of mobile device you use, a unique device identifier such as the mobile phone number used by the Device, mobile network information, your mobile operating system, the type of mobile browser you use, IP Address.

Content Data: includes information stored on your Device, including login information or other digital content.

Profile Data: includes your username and password, in-app purchase and peer to peer history including transaction history, your interests, preferences, feedback and survey responses, bonus history, details of your use of any of our Services or your visits to any of Our Sites and any other information we learn about you through our relationship with you and the way you operate the Services.

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

Location Data: includes your geo-location data that determines your current location.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Other than a picture of you (which is considered biometric data and within the meaning of Special Categories of Personal Data), which we may get access to if you register with us via Facebook, or if we need to ask you for a selfie photograph together with an ID Document in order to be able to provide you with certain Services, we do not collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

When you apply for a service (and throughout your relationship with us) we may need to collect a ‘selfie’ video or photograph and an ID Document from you. We do this in order to verify who you are as part of our legal obligations to carry out certain Anti-Money Laundering and Counter-Terrorism Financing checks and for our own fraud detection purposes. You do not need to provide us with this information, but if you don’t, we may not be able to offer some or all our Services.

In addition, as part of our Anti-Money Laundering and Counter-Terrorism Financing checks and for our own fraud detection purposes, we may also run checks about you which may include details about criminal convictions, offences and alleged offences.

How is your personal data collected?

We will collect and process the following data about you:

Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you agree to give us about you by filling in forms in the App or on any sites through which we offer our Services (together Our Services sites or Our Sites), or by corresponding with us (for example, by email or chat) or by phone. It includes information you provide when you register to use the App Site, download or register our App, subscribe to any of Our Services, search for or use Our Services, share data via an App’s social media functions, enter a competition, promotion or survey, and when you report a problem with the App, our Services or any of Our Sites. If you contact us, we will keep a record of that correspondence.

Information we collect about you and your device. Each time you visit one of Our Sites, use the App or use any of our Services we will automatically collect personal data including Device, Content and Usage and Transaction Data. We collect this data using cookies and other similar technologies. Please see our cookie policy for further details

Location Data. If your device location settings are enabled, we also use GPS technology to determine your current location and bring to your attention nearby Businesses.

Information we receive from third parties and publicly available sources. We may receive personal data about you from third parties and public sources, such as:

Device data from analytics providers

Contact, Financial and Transaction Data from providers of technical, payment and delivery services;

Identity and Contact Data from publicly available sources such as Companies House (regarding Businesses); and

Identity, contact data and other account information from social networks such as Facebook, if you choose to register to the App through that social network;

Fraud prevention and anti-money laundering /terror financing related information from government agencies and/or private third party providers

We use tracking technologies such as cookies to distinguish you from other users of the App or Services Sites and to remember your preferences. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our Cookie Policy further below.

How do we use your personal data?

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

Where you have consented before the processing.

Where we need to perform a contract we are about to enter or have entered with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Marketing

We will only send you marketing communications, e.g., by email, push notifications or text, where we have a lawful basis for doing so. We may use your Identity, Contact, Transactional, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant to you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or if you have registered with us and have not opted out of receiving marketing.

You can ask us to stop sending you marketing messages at any time following the opt-out links on a marketing message sent to you or by contacting us at any time at support@vllagepod.app You can stop receiving push notifications, including marketing push notifications, by adjusting the App’s push notification settings on your phone.

We will get your explicit express opt-in consent before we share your personal data with any third party for marketing purposes.

Which purposes will we use your personal data for?

Purpose/activity

Type of data

Lawful basis for processing

To install the App and register you as a new App user

Identity

Contact

Financial

Device

Performance of a contract with you

To provide and administer thee Services throughout your relationship with us, including linking your account to a payment card, executing your instructions; processing transactions, including making payments to Businesses; resolving any queries or discrepancies and administering any changes.

Identity

Contact

Financial

Transaction

Device

Marketing and Communications

Location

Performance of a contract with you

Necessary for our legitimate interests (e.g. to administer our Service)

To comply with a legal or regulatory obligation

To manage risk and crime prevention including:

Detecting, investigating, reporting and preventing financial crime

Obeying laws and regulations which apply to us

Responding to complaints and resolving them

To help us make decisions on transaction limits on your VillagePod account.

Identity

Contact

Financial

Transaction

Profile

Performance of a contract with you

To comply with our legal obligations

Necessary for our legitimate interests (e.g., to develop and improve how we deal with financial crime)

To manage our relationship with you and ongoing customer services, including notifying you of changes to the App or any Services, and contacting you with information relevant to the operation and maintenance of your VillagePod account

Identity

Contact

Transaction

Device

Content

Financial

Profile

Usage

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (e.g., to keep records updated, running and administration of our business)

Necessary to comply with legal obligations (e.g., to inform you of any changes to our terms and conditions

To enable you to participate in a prize draw, bonus, competition or complete a survey

Identity

Contact

Device

Profile

Marketing and Communications

Usage

Performance of a contract with you

Necessary for our legitimate interests (e.g. ,to analyse how customers use our products/Services and to develop them and to grow our business)

To administer and protect our business and the App including troubleshooting, data analysis and system testing

Identity

Contact

Device

Performance of a contract with you

Necessary for our legitimate interests (e.g., for running our business, provision of administration and IT services, network security)

To deliver content and advertisements to you

To make recommendations to you about goods or services which may interest you

To measure and analyse the effectiveness of the advertising we serve you

To monitor trends so we can improve the App

Identity

Contact

Device

Content

Profile

Usage

Marketing and Communications

Location

Necessary for our legitimate interests (e.g., to develop our products/Services and grow our business)

Consent

We may monitor or record calls, emails, text messages or other communications in accordance with applicable laws for the purposes outlined in the above table.

Disclosures of your personal data

We may share your personal data with our third party service providers, agents, subcontractors and other associated organisations and group companies of the Company for the purposes outlined in the ‘Purposes for which we will use your personal data’ table above. Entities to which we pass your personal information may also include:

Companies and organisations that assist us in processing transactions you make via the App and in providing Services that you have requested, including any third parties providing services to us, such as our Payment Service Provider (PSP), correspondent banks, and market analysis service providers;

Businesses who register with us;

Agencies providing identity verification services and other fraud and financial crime prevention services to undertake required verification checks and help fight against financial crime including, fraud Anti-Money Laundering and Terrorist Financing;

Other financial institutions and third parties where we are required either by law or by contract to assist with the recovery of funds credited that have entered your account as a result of a misdirected payment by such a third party;

Organisations which assist us with customer service facilities;

Anyone to whom we may lawfully transfer our rights and duties

Any third party as a result of any proposed restructure, the assignment of any rights or obligations under the Terms and Conditions, a sale or acquisition of the Company or of any associated entity, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us.

Regulatory and law enforcement authorities whether they are outside or inside of the EEA, where the law allows or requires us to do so.

Third parties where the disclosure is permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above.

We may make available to other VillagePod Users and Businesses your name, and if you registered through Facebook your public profile photograph, to facilitate the operation of the platform.

When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law.

International Transfers

Some of our third party service providers are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

When we transfer your personal data out of the EEA, at least one of the following safeguards will be implemented:

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

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

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Data Security

We take measures, including administrative, technical and physical safeguards, to try to protect your personal data from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction.

With respect to our Users’ payment card information – whenever you enter your card information into the App, those details are encrypted and passed directly to our payment service provider (‘PSP’). Upon receiving your information, our PSP sends us a token (consisting of random letters and numbers) and small amounts of information about your payment card (the last four digits of the card number, the card type and expiry date). The token (not your card details) is then used to effect payments for the products or services you purchase through our app. We reserve the right to change our payments gateway at our sole discretion, provided any such payment gateway meets this security compliance level. You will be notified in advance if any changes to our payments gateway require modification to this Privacy Policy.

Data retention

We will retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

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

We have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least 5 years after they cease being customers for legal and regulatory purposes. However we will usually keep personal data for at least 6 years after the end of your contractual relationship with us in accordance with appropriate limitation periods.

In some circumstances you can ask us to delete your data: see ‘Your legal rights’ section below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data. You can exercise any of these rights at any time by contacting us at support@myvillagepay.com

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

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

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where we no longer need to process your information for the purposes for which it was provided and there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note that VillagePod will only comply with such erasure requests only to the extent it is legally obligated to, and depending on your account activity until that date, certain personal data may be maintained in accordance with anti-money laundering and counter-terrorist financing legislation or other obligations to which we reasonably believe we are subject. Please note that if you request us to delete your information, we may have to suspend the operation of your account and/or the products and services we provide to you.

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

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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

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

VILLAGEPOD COOKIE POLICY

This cookie policy relates to your use of the VillagePod App and the Website.

A cookie is a small text file which is placed onto your device when you use in App or visit a website. We use the term cookies to also include other tracking technologies having equivalent or similar effect, such as mobile device identifiers. We use cookies on our App and Website to help us recognize you and your device and store some information about your preferences or past actions. Cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity.

Our use of cookies

We may use cookies to:

recognise you whenever you use the App (this speeds up your access as you do not have to log in each time);

obtain information about your preferences and use of our App;

keep track of the Services you are using;

carry out research and statistical analysis to help improve our content, products and services and to help us better understand our users’ requirements; and

target our marketing campaigns and make them more relevant to your interests; and

make your online experience more efficient and enjoyable.

For further information on cookies generally visit www.aboutcookies.orgorwww.allaboutcookies.org.

Types of cookies

There are two types of cookies:

Session cookies — these allow us to link your actions during a particular session. These expire each time you close the App or browser and do not remain on your device afterwards.

Persistent cookies — these are stored on your device in between sessions. These allow your preferences or actions to be remembered. These will remain on your device until they expire, or you delete them from your cache.

The cookies placed on your device fall into the following categories:

Strictly necessary cookies — these cookies are essential for the operation of the App or Website and for you to use its features. Without these cookies, services you have asked for could not be provided

Analytical/Performance cookies — these allow us to recognise usage patterns. This helps us to improve the way our App works, for example, by ensuring that users are finding what they are looking for easily. These cookies do not collect personally identifiable information about you. All information collected by these cookies i is only used to improve how our App works

Functionality cookies — these cookies allow our App to remember the choices you make (such as your user name, the region you are in and chosen preferences) and provide enhanced, more personal features.

Targeting cookies — these cookies are used to deliver adverts more relevant to you and your interests. They may be used to limit the number of times you see an advertisement and help measure the effectiveness of an advertising campaign. They are usually placed by advertising networks with the App/website operator’s permission, and the information collected may be used, for example, to provide measurement services or target ads.

We use the following 3rd party software frameworks that may store data on the device in our iOS and Android apps:

Name and OS

The primary purpose

Branch (iOS and Android)

This allows our App to create deep links that work when downloading the application from the App Store first.

Mixpanel (iOS and Android)

This enables us to monitor our audience size and usage pattern and send app notifications.

Firebase (iOS and Android)

This enables us to monitor our audience size and usage pattern.

Appsflyer (iOS and Android)

This enables us to monitor our audience size and usage pattern.

Facebook (iOS and Android)

This enables us to allow users to register and login to the App with their Facebook account and perform analytics and marketing campaigns on Facebook

Google Play Services (iOS and Android)

Used for Google services e.g. Google Maps

Google Analytics (iOS and Android)

This enables us to monitor our audience size and usage pattern

Mailchimp

Used to provide email services to our users and keep track of usage

Please note that, throughout the App and on the Website, we may link to other websites or applications owned and operated by certain trusted third parties. Some of these other third parties may also use cookies – which are likely to be analytical, performance or targeting cookies – or similar technologies, in accordance with their own separate cookie policies. For privacy information relating to these third parties and cookies (over which we have no control) please refer to their policies as appropriate.

How to exercise your right to refuse and/or to withdraw consent on the App

You have the right to refuse and/or to withdraw your consent for us to use cookies. Please note that at this stage we are not providing users with the ability to customise preferences as to the use of cookies on the App. Therefore, if you wish to refuse and/or withdraw your consent for us to use cookies, you should stop using and accessing the App and its associated services and remove the App from your device.

How to turn off browser-based cookies

If you do not want to accept cookies on the Website, you can change the preferences on your browser so that cookies are not accepted. If you do this, please be aware that you may lose some or all of the functionality of the Website.

How to contact us

Please contact us at support@myvillagepay.com if you have any questions about this cookie policy or the information we hold about you.