If you are submitting information through our recruitment solution linked to this website, please read carefully our separate Job Applicant Privacy Notice.
Important information and who we are
In this Policy, “Xapo”, "we", "us" and "our" collectively refers to Xapo Bank, Xapo VASP and Xapo Limited.
For the avoidance of doubt, Personal Data does not include data from which you cannot be identified (which is referred to simply as data, non-Personal Data, anonymous data, or de-identified data).
Identity and the Contact Details of the Controller
For the purposes of the General Data Protection Regulation (“GDPR”) Xapo is the data controller and responsible for the Personal Data that we collect or that you provide to us.
You can also contact us in writing at:
- Full name of legal entities:
- Xapo Bank Limited, a ‘credit institution’ regulated by the Gibraltar Financial Services Commission under the Financial Services Act 2019 with permission number 23171; and
- Xapo VASP Limited, a ‘distributed ledger technology provider’ regulated by the Gibraltar Financial Services Commission under the Financial Services Act 2019 with permission number FSC1359B.
- Postal address: Xapo. Units 1/1, 1/2 and 1/A-1 Casemates Square, Gibraltar, GX11 1AA.
Or by phone on our telephone number: +35020008161 350 2000 8125
- Full name of legal entity: Xapo Limited where neither registration nor license is required.
- Postal address: Xapo. 6 Floor, Alexandra House, 18 Charter Road, Central Hong Kong
Contact Details of the Data Protection Officer
2. The data we collect about you and how we use it
We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data under the following circumstances:
When you give us your consent, for example, to access your contacts on your phone or allow us to have access to your location. You have the right to withdraw your consent at any time. To withdraw your consent just go to the Privacy Settings in our Android or iOS Mobile app or contact us at [email protected]
When we need to execute a contract you have entered into with us by accepting applicable terms and conditions or specific related terms relating to other services offered by us.
Where we need to collect Personal Data under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform our services under the contract we have or are trying to enter into with you (for example, to provide you with any of our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
LEGAL OR REGULATORY OBLIGATION
When we need to collect Personal Data by law. If you fail to provide that data when requested, we will not be able to perform our services under the contract with you (for example, to provide you with any of our products or services). In this case, we will have to cancel a product or service you have with us and we will notify you at that time.
Legitimate Interest means the broader stake that Xapo has in the processing or the benefit that we derive from the processing of your Personal Data.
Where we rely on legitimate interests, we make sure that we consider and balance any potential impact on you and your rights before we process your Personal Data for our legitimate interests.
Additionally, we may also process certain special categories of data such as criminal convictions and biometric data where we are lawfully permitted to do so and only for limited purposes such as fraud or money laundering/terrorist financing prevention and detection. Apart from this, we do not collect any of the following Special Categories of Personal Data about you that 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 data
PURPOSES AND LEGAL BASIS FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out in a table format, a description of all the ways we plan to use your Personal Data, and the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your Personal Data for multiple legal reasons.
We are committed to providing you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to receive 3rd party marketing communications at any time by contacting us.
PROMOTIONAL OFFERS FROM US
We may use your identity, contact, technical, 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 services and offers may be relevant for you (we call this marketing).
You can expect to receive marketing communications from us if you have requested information or purchased services from us and you have not opted out of receiving that marketing.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it. We will delete it after fulfilling the intended purpose or after expiration of the respective storage periods.
3. How your personal data is collected
INFORMATION THAT YOU PROVIDE TO US
Personal Data that you provide directly to us should be apparent from the context in which you provide it, for example: when you use our services, we must collect your name, email address, and transaction information to complete your transactions. We will process Personal Data that you choose to provide to us through the Website and Mobile Apps, including, but not limited to, your first and last name, physical address, email address, mobile device identifier, or transactional data (e.g., amount of funds associated with a transaction, the type of transaction executed, financial institutions, account information).
INFORMATION THAT WE COLLECT AUTOMATICALLY
We use Personal Data that we collect automatically through cookies and action tags. We also use the information to help diagnose technical and service problems, administer the Site, and identify visitors to the Site.
Action Tags: We may use action tags to identify some of the pages that you visit and how you use the content on those pages. Action tags collect and transmit this data in a manner that identifies you if you have registered with our website, and are logged into, our Android or iOS Mobile apps. We also may use action tags in our emails, to determine whether an email was opened or whether it was forwarded to someone else. When you use our Android or iOS Mobile apps, we may use action tags where you are accessing websites from links in our Android or iOS Mobile apps. These may identify the pages that you visit and how you use the content on those pages.
We use third party analysis tools to collect data about your device and internet connection. That information includes, but is not limited to, the IP address of your computer and/or internet service provider, geolocation, when you access our online services, our Android or iOS Mobile apps, the Internet address of websites from which you link to our online services and from which you came to before landing on our online services, the browser that you are using and your movements on our online services. All of this information is used internally for the purposes of understanding how our online services are being used and to improve them. We also use the data collected via cookies to track the popularity of our online services.
We also use third party analysis tools to collect data about your use of our Android and iOS Mobile apps. The information collected identifies the types and timing of actions you take within our Android and iOS Mobile apps, including installation, registration, uploading, and certain types of navigating. All of this information is used internally for the purpose of understanding how our Android and iOS Mobile apps are being used and improving them. Clicking on those links or enabling those connections allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We accept no responsibility for the actions of these third-party websites. When you leave our online services, we encourage you to read the privacy statements of every Website you visit.
INFORMATION THAT WE OBTAIN FROM THIRD PARTIES AND PUBLICLY AVAILABLE SOURCES
Please find a description in a table format of the information obtained from third parties.
THIRD PARTY LINKS
4. Anti Money Laundering and Combating Terrorist Financing
Money laundering is defined as the process where the sources of funds are disguised so that it gives an impression of legitimate income. Criminals specifically target financial services firms through which they attempt to launder criminal proceeds without the firms’ knowledge or suspicion.
5. Information We Share; Data Transfers
We do not sell or otherwise disclose Personal Data that you provide to us or that we collect on this website, our online services, or our Android and iOS Mobile apps, except as described here:
- Companies in the Xapo group where it is necessary for the performance of a contract and these entities are used by us to assist in the provision of our services to you. Companies in the Xapo group will be acting as joint controllers in order to provide our services;
- Service providers we use to provide customer benefits such as Airport Lounge access and Wifi access;
- Marketing materials from third parties if you have provided consent;
- If required, professional advisers such as lawyers, banks, auditors and insurers providing such services;
- Regulators and other authorities who require reporting of processing activities under certain circumstances;
- If required, or where we believe it is required by applicable laws or legal process;
- To protect the rights, property and safety of Xapo, our users and the public, including, for example, in connection with court proceedings, to detect or prevent criminal activity, fraud, material misrepresentation, or to establish our rights or defend against legal actions;
- Gathering your rating of the App which is processed through a third party service provider.
Xapo is headquartered in Gibraltar. However, due to the nature of our global offering, we have operations throughout the world, including but not limited to, North America, South America and Asia. We transfer your data to countries outside the European Economic Area (“third countries”) to the extent that is necessary in order to perform our services requested by you.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Where we use certain service providers, we will use contract language approved by the European Commission which gives Personal Data the same protection it has in Europe.
- Where we use providers based in the US, we will transfer data to them if they are part of the Privacy Shield or Standard Contractual Clauses which requires them to provide similar protection to Personal Data shared between Europe and the US.
Further details on these provisions can be obtained by contacting at [email protected]po.com
The Categories of Providers Table provides information on the type of third party recipient (i.e. by reference to the activities it carries out), the industry and the location of the recipients.
6. Security Measures
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We have taken precautions to ensure the security of your data. The Personal Data you have entered on HTML pages (contact forms) and that is stored by us, shall be transmitted to Xapo in encrypted form (TLS - Transport Layer Security) via the public data network, and stored and processed at Xapo.
In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties strictly needed under the provisions made within a service agreement signed with them. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality and a duty to comply with data protection procedures.
We have put in place procedures to deal with any suspected or actual Personal Data breach. We will notify you and any applicable authority of a Personal Data breach where we are legally required to do so.
7. Protection of Minors
Xapo does not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for our services or send any Personal Data about yourself to us.
8. Data Retention
We retain information about you in our databases for as long as your account is active, or as is reasonably needed to fulfil the purposes we collected it for and to provide our services, and as required by applicable laws. Our retention and use of your information will be as necessary to comply with our legal, regulatory, tax, accounting, or reporting obligations and requirements, to resolve disputes, or complaints, and to enforce our agreements.
While retention requirements vary by jurisdiction, please find a full description in a table format of all the general retention periods of your Personal Data and the specific legal basis we must comply with. We have also identified what our legitimate interests are where appropriate. Note that we may retain your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your data. Although the table provides our general retention periods stipulated for different categories of Personal Data and/or different processing purposes, in certain circumstances, your information may be retained for longer periods due to the inherent nature of distributed ledger technology.
In some circumstances we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes. When information is anonymized, it ceases to be Personal Data and we may use it without further notice to you.
9. Your Rights and Choices
RIGHT TO INFORMATION AND ACCESS
RIGHT TO RECTIFICATION
You have the right to have any inaccurate Personal Data about you rectified and to have any incomplete Personal Data about you completed.
RIGHT TO ERASURE (RIGHT TO BE ‘FORGOTTEN’)
You have the general right to request the erasure of your Personal Data in the following circumstances:
- the Personal Data is no longer necessary for the purpose for which it was collected;
- you withdraw your consent to processing and no other legal justification for processing applies;
- We unlawfully processed your Personal Data; and
- erasure is required to comply with a legal obligation that applies to us.
We will proceed to comply with an erasure request without undue delay and to such extent we are able to do so, unless continued retention is necessary for:
- Complying with a legal obligation under EU or other applicable law;
- The establishment, exercise, or defense of legal claims.
Please be aware that by doing so, we will need to close your Xapo account and this action is not reversible and by requesting us to erase your data we are not able to provide Xapo services to you any longer. However, this will not affect the lawfulness of any processing carried out before you requested erasure of your data.
However, when interacting with the blockchain we may not be able to ensure that your Personal Data is deleted.
RIGHT TO RESTRICT PROCESSING
You have a right to request to restrict processing of your Personal Data, such as where:
- you contest the accuracy of the Personal Data;
- if you believe processing is unlawful, you may request, instead of requesting erasure, that we restrict the use of unlawfully processed Personal Data;
- we no longer need to process your Personal Data but need to retain your information for the establishment, exercise, or defense of legal claims or regulatory requirements.
Depending on the type of processing you request to restrict, please be aware that by doing so, we may need to close your Xapo account and this action is not reversible and by requesting us to stop processing your data we are not able to provide Xapo services to you any longer. However, this will not affect the lawfulness of any processing carried out before you requested to restrict processing.
RIGHT TO DATA PORTABILITY
Where the legal basis for our processing is your consent, or the processing is necessary for the performance of a contract to which you are party of, or in order to take steps at your request prior to entering into a contract, you have a right to receive the Personal Data you provided to us in a structured, commonly used and machine-readable format.
Right to object to direct marketing (‘opting out’)
You have a choice about whether or not you wish to receive information from us.
We will not contact you for marketing purposes unless you have an existing business relationship with us to offer you similar services, and we rely on our legitimate interests as the lawful basis for processing;
On each and every marketing communication, we will always provide an option for you to exercise your right to object to the processing of your Personal Data for marketing purposes (known as ‘opting-out’) by clicking on the ‘unsubscribe’ button on our marketing emails or choosing a similar opt-out option on any forms we use to collect your Personal Data.
Therefore, please be aware that your ability to opt-out from receiving marketing and promotional materials does not change our right to contact you regarding your use of our online services and Android or iOS Mobile apps or as part of a contractual relationship we may have with you.
RIGHT TO REQUEST ACCESS
You also have a right to access information we hold about you. We will endeavor to provide you with details of your Personal Data that we hold or process and to provide this data in a machine-readable form. To protect your Personal Data, we follow established disclosure procedures, which means that we will require proof of identity from you prior to providing such information. You can exercise this right at any time by contacting us using the details found below.
RIGHT TO WITHDRAW CONSENT
Where the legal basis for processing your Personal Data is your consent, you have the right to withdraw that consent at any time by contacting us using the details found below.Please be aware that by doing so, we will need to close your Xapo account and this action is not reversible and by requesting us to stop processing your data we are not able to provide Xapo services to you any longer. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent.
You can exercise any of the above rights free of charge by contacting us at [email protected]
Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
RIGHT TO LODGE A COMPLAINT WITH A RELEVANT SUPERVISORY AUTHORITY
If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved to your satisfaction, without prejudice to any other administrative or judicial remedy, you are entitled to make a complaint to the Information Commissioner under the Gibraltar Data Protection Act 2004 (i.e. the Chief Executive Officer of the Gibraltar Regulatory Authority), which is presently the Gibraltar Regulatory Authority (GRA). You may contact the GRA on the below details:
Gibraltar Information Commissioner
Gibraltar Regulatory Authority
2nd Floor, Eurotowers 4
1 Europort Road
Email: [email protected]
Phone: (+350) 200 74636
Fax: (+350) 200 72166
You also have the right to lodge a complaint with the supervisory authority in the country of your legal residence, place of work, or the place where you allege an infringement of one or more of our rights has taken place, if that is based in the European Economic Area.
We would, however, appreciate the chance to deal with your concerns before you approach the Gibraltar Regulatory Authority or supervisory authority in the country of your legal residence, place of work, or the place where you allege an infringement of one or more of our rights has taken place so please contact us in the first instance at [email protected] or [email protected]
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
JOB APPLICANT PRIVACY NOTICE
What Is The Purpose Of This Document?
The purpose of this privacy notice is to inform you as to, because you are applying to work with us (whether as an employee, worker, consultant or contractor), how and why your personal data will be used, namely for the purposes of the recruitment exercise, as well as how long it will usually be retained for. It provides you with certain information that must be provided under the EU General Data Protection Regulation (EU 2016/26790) (“GDPR”).
Xapo is committed to protecting the privacy and security of your personal information.
Xapo is considered a "data controller" and can be contacted at [email protected] This means that we are responsible for deciding how we hold and use personal information about you.
We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this privacy notice. The DPO will monitor our compliance with legal requirements and with this privacy notice.
Our Data Protection Officer can be contacted directly at: [email protected]
DATA PROTECTION PRINCIPLES
We will comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
In connection with your application to work with us, we will collect, store, and use the following categories of personal information about you:
- The information you provide to us through our recruitment solution (“Solution”) powered by Bamboohr.
- The information you provide to us in your curriculum vitae (solicited or unsolicited) and covering letter and any other submission requested or provided.
- The information you have provided including name; title; address; telephone number; personal email address; phone; employment history; professional achievements and qualifications.
- The application forms; results of post-offer; results of background investigations, related correspondence; certificates of good conduct, interview notes; assessment(s) or skills and behavior assessment test results and references.
- Xapo reserves the right to make an offer of employment subject to the interview due to be held, your previous professional experience, the skills and behaviour test results, your non criminal certificate (if applicable) and references provided.
- We never collect, store and use racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation from applicants in any stage of your interview process.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates from the following sources:
- You, the candidate.
- Your named referees, from whom we collect the following categories of data whether by email or phone call to assess the following non subjective and measurable parameters: Position Held, Reporting Authority and Length of Service.
HOW WE WILL USE INFORMATION ABOUT YOU
We will use the personal information we collect about you to:
- establish a relationship between a Xapo entity and a potential employee.
- process applications for employment.
- carry out background and reference checks once a decision has been made by us.
- communicate at any stage with you about the recruitment process.
- for such other purposes as permitted by applicable law or with an informed and explicit consent.
Having received your information through the Solution your resume and covering letter or your application form and or the recruitment agency (if any) that provided it to us, after informing you on the hiring process and how we manage your data, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role or not. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an online or offline interview, we will use the information you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we will then take up references and carry out a skills and behavior assessment test before confirming your appointment.
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully.
INFORMATION ABOUT BACKGROUNDS
We envisage that we will process and store information about background investigations and certificates of good conduct issued by policing authorities and due diligence of all candidates. Once a decision has been made regarding interest in hiring an applicant any offer will be made contingent upon satisfactory completion of reference checks and criminal background checks.
We will only process information about criminal records, convictions and offences where we have obtained your explicit consent, where necessary for the purposes of performing or exercising our or your obligations or rights under applicable laws and regulations and where it is necessary for the prevention and detection of an unlawful act or for reasons of substantial public interest.
Where we are processing personal information based on your consent, you have the right to withdraw that consent at any time where there is no other legal basis for the processing, by contacting us at [email protected]
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Why Might You Share My Personal Information With Third Parties?
We will only share your personal information with selected third parties for the purposes of payroll processing once you become a Xapo consultant, contractor or employee depending on where you are due to be based, whether in Gibraltar or elsewhere.
All these partners have been required to take appropriate security measures to protect your personal information in line with our policies. We do not allow any third party practice to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors, consultants and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained by contacting us at [email protected]
How Long Will You Use My Information For?
Type of data
Employment Records - All Non-Hired Applicants (including all application forms, if any, CVs (which includes contact details) whether solicited or unsolicited; results of post-offer; results of background investigations, if any; related correspondence; certificates of good conduct, if any; interview notes, if any; assessment(s) or psychological test results, if any; references, if any)
12 months from the date of decision not to hire communicated to prospective employees which can be extended based on consent from the job applicant.
Reference of Justification to retain related data
To show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way, for up to 12 months since your application is unsuccessful.
Consent from job applicant to retain data for future job consideration.
CANDIDATES ́TALENT POOL
To create a talent pool of potential candidates, Xapo may keep your personal data on file in case there are future employment opportunities with us for which you may be suited for another 12 months. We will ask for your consent before Xapo keeps your data for this purpose and you are free to withdraw your consent at any time by contacting us at [email protected]
After this period, we will securely destroy your personal information in accordance with our Xapo Data Retention Policy.
Your Rights In Connection With Personal Information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is not a sufficient reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information.
- Object to the processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to be transferred to another party in machine readable format.
If you want to review, verify, correct or request erasure of your personal information after 12 months from the date of decision not to hire you, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us at [email protected].
RIGHT TO WITHDRAW CONSENT
When you apply for a role, you provide consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the person who interviewed you. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
RIGHT TO LODGE A COMPLAINT
You have the right to make a complaint at any time to the with the data protection authority in the Member State of your habitual residence, place of work, or place of an alleged infringement of the regulation or the Gibraltar Regulatory Authority here. However, we would appreciate the opportunity to address any concerns you may have before you approach the Gibraltar Regulatory Authority or the supervisory authority in the country of your legal residence. by contacting us at [email protected] or [email protected].
PURPOSES AND LEGAL BASIS FOR WHICH WE WILL USE YOUR PERSONAL DATA
* The automatic exchange of financial account information between tax authorities shall apply to all our customers, excluding the Xapo customers only making use of our "E-Money" services unless informed otherwise. Nonetheless, all of our customers, including those only making use of our "E-Money" services are subject to applicable laws and regulations which may require us to disclose their information where we are legally required to do so.
** The GPS Location data processing by Xapo shall be mandatory for these purposes or activities for all our customers, excluding the Xapo users only making use of our "E Money" services unless informed otherwise.
DATA OBTAINED FROM THIRD PARTIES
AML KYC PRIVACY NOTICE
We will process your identifying data and profile data within operations such as identification (Know your Customer, also known as KYC) and profiling (Customer Due Diligence, also known as CDD) for the purposes of the execution of our Anti Money Laundering (also known as AML) and Counter Terrorism Financing (also known as CTF) customer identification and verification process obligations.
When Xapo asks for CDD, what this refers to is proof of address and proof of identification. This along with information gathered at the application stage paints a picture of any customer (KYC). Without KYC, Xapo may unknowingly become involved with illicit activities and therefore subject to reputational, operational and legal risks, which can result in significant financial cost, or eventual winding up of the institution. KYC is most closely associated with the fight against money-laundering.
Specific proof of address, proof of Identification, source of funds and/or AML-CTF questionnaires that aimed at to fulfil KYC and CDD obligations are compulsory to Xapo users and the failure to be replied might lead (in extreme cases) in the blocking of their accounts or the refusal of services.
In response to the scale and effect of money laundering, the European Union has passed Directives designed to combat money laundering and terrorism. These Directives, together with national regulations as read below, form the cornerstone of our AML/CTF obligations, establish the legal basis for us to process this data and outline the offenses and penalties for failing to comply.
- Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market;
- Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
- Council Decision of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information (2000/642/JHA);
- Crime Proceeds of Crime Act 2015;
- Terrorism Act 2018;
- Drug Trafficking Offences Act 1995;
ANTI-MONEY LAUNDERING (AML) POLICIES
Our AML policy is designed to prevent money laundering by meeting the European standards on combating money laundering and terrorism financing, including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crime. Our AML policy sets out the minimum standards which must be complied with and includes:
- Appointing a Money Laundering Reporting Officer (MLRO) who has a sufficient level of seniority and independence, and who has responsibility for oversight of compliance with the relevant legislation, regulations, rules and industry guidance;
- Establishing and maintaining a Risk-Based Approach (RBA) to the assessment and management of money laundering and terrorist financing risks faced by the firm. The requirement to provide CDD related data throughout an RBA that will always take into account different factors such as the status of the client, the nature of the transactions, the financial product or the financial flows involved;
- Establishing and maintaining risk-based Customer Due Diligence (CDD), identification, verification and Know Your Customer (KYC) procedures, including enhanced due diligence for customers presenting a higher risk, such as Politically Exposed Persons (PEPs);
- Establishing and maintaining risk-based systems and procedures for the monitoring of on-going customer activity;
- Establishing procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate;
- Maintaining appropriate records for the minimum prescribed periods;
- Providing training for and raising awareness among all relevant employees.
As a regulated financial institution, Xapo has specific requirements regarding AML systems and procedures. This reflects senior management’s desire to prevent money laundering.
Xapo is prohibited from transacting with individuals, companies and countries that are on prescribed sanctions lists. Xapo will therefore screen against United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
AUTOMATED DECISION MAKING
We use semi-automated processes which includes, but is not limited to, screening Know-Your-Customer (KYC) and Anti-Money Laundering (AML) data you provide to us in order to assess whether or not we are legally able to allow you to use our services.
All automated screenings matches are manually reviewed by Xapo compliance analysts. The analyst will review the triage cases to determine if they should be cleared or escalated to the MLRO.
THIRD PARTIES AML-KYC
Where processing of personal data is carried out on behalf of Xapo by a third party provider, we conclude a separate contract with the processor with respect to this processing. This contract ensures compliance with European data protection regulations and defines sufficient guarantees for the implementation of appropriate technical and organisational measures, which ensure the protection of your rights.
CATEGORIES OF PROVIDERS