This policy was last updated on: 24th October 2024.
This policy will take effect on: 24th October 2024
1. THESE TERMS
1.1 By using the HyperJar app (‘App’) and our Services you agree to these legal terms (‘Terms’) applying between you and Hyperlayer Limited (‘Hyperlayer/us/we’) in relation to your use of our Services and that English law and courts will apply. These Terms are made in the English language. Please read these Terms carefully and contact us if anything is unclear.
1.2 Under these Terms we will provide you with a prepaid HyperJar card for your own use. If you open a sub-account in your HyperJar account (‘Sub-account’) for another person that is resident in the UK and is over 6 years of age (‘Sub-account User’), a separate HyperJar card will be issued for use by the Sub-account User. You will be fully responsible for: (i) the Sub-account User’s use of the Sub-account and HyperJar card and you will be bound by their actions; (ii) the Sub-account User(s) compliance with these Terms; (iii) ensuring that the Sub-account User does not use the HyperJar card for any purpose where they are younger than the minimum age limit for the goods or services they purchase; and (iv) explaining to your Sub-account User(s) how to use their Sub-account and HyperJar card in accordance with these Terms. These Terms will be solely and exclusively between you and us.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 Our company information. The App and the Services are operated and managed by Hyperlayer Limited, which is registered in England and Wales with its registered office at: Hyperlayer Limited, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and company number 10130583.
2.2 How to contact us. You can contact us by:
Our FAQs contain more information about the HyperJar account and its key features, as well as answers to common questions and How To guides.
2.3 How we will contact you. We’ll contact you via the App or using the contact details (phone and email) that you provided when you registered – please keep these up to date in the App. By using the App, you agree to receive electronic communications from us. If we have reasonable concerns either about the security of your HyperJar account, Sub-account(s), HyperJar card(s), or any suspected or actual fraudulent use of any of them, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
2.4 Additional documents. The following additional documents also apply to your (or your Sub-account User(s)) use of our Services and should be read in conjunction with these Terms:
2.5 How to get a copy of these Terms and the Modulr Introduced Client Terms of Business. You can always see the most current version in the App or on our website www.hyperJar.com. You can download a copy at any time and keep them for future reference. If we need to send you information in a form you can keep, we will either send you an email or provide information on our website that you can download. Please keep copies of all communications we provide to you.
3. WHO CAN HAVE A HYPERJAR ACCOUNT?
3.1 Age restrictions. You must be at least 16 years old and resident in the UK to have a HyperJar account. By downloading the App and registering for the HyperJar account you confirm that you are 16 or older.
3.2 Getting to know you. We carry out customer due diligence checks on you, and any parties involved in your transactions, in accordance with applicable law. If we ask you to, you agree to promptly provide evidence of your funding sources. You must provide us with complete, accurate, and up to date information at all times. We will not be responsible for any loss arising out of your failure to do so. You agree that we may make, directly or using a third party, any inquiries we believe are necessary to validate information you provide to us, including checking commercial databases or credit reports.
3.3 You can only have one HyperJar account. If we discover that you have more than one HyperJar account, at our discretion we may either merge or close any duplicate accounts or terminate all of your accounts if we reasonably believe you have opened them in order to bypass any restrictions in the Services.
3.4 Your transactions. You can only use the HyperJar account to carry out transactions for yourself, not on behalf of any other person or legal entity. You also cannot allow anyone else to operate your HyperJar account on your behalf. This term does not affect Jar sharing (see section 16) or Sub-accounts (see section 9). If we reasonably suspect that you are using your HyperJar account for someone else or for business transactions we may close your account (as set out in section 25).
4. USING YOUR HYPERJAR ACCOUNT – ELECTRONIC MONEY
4.1 You can use your HyperJar account to:
You may also permit your Sub-account Users to use the App to access these features for their Sub-account. Your Sub-account Users cannot send electronic money out of the Sub-account unless you have approved this in the settings for your Sub-account User, enabling this feature.
4.2 The HyperJar account includes an electronic money account. This electronic money account is separate to any advance payments that you (or your Sub-account User(s)) have made to participating merchants. Any funds in your HyperJar account that have not been committed to a participating merchant as advance payments will be held as electronic money. The electronic money is issued to you (and held) under these Terms by Modulr FS Limited (‘Modulr’), a company registered in England and Wales with its registered office Scale Space White City, 58 Wood Lane, London W12 7RZ, UK and company number 09897919. Modulr is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (firm reference 900573) to issue electronic money and provide payment services. HyperJar is an agent of Modulr (firm reference number 902842) and enters into these Terms with you to distribute and redeem electronic money on behalf of Modulr.
4.3 Electronic money:
4.4 Your HyperJar card. A prepaid HyperJar card in contactless and/or virtual form is linked to your HyperJar account for your use (or your Sub-account User’s use if you have applied for any Sub-accounts). The HyperJar card is issued to you under these Terms by Monavate Limited (‘Monavate’) pursuant to a licence from Mastercard International Incorporated. Monavate is registered in England and Wales with its registered office at Suite EF38, The Officers Mess Business Centre Royston Road, Duxford, Cambridge, CB22 4QH and company number 12472532. Monavate is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 901097).
4.5 HyperJar does not directly hold or process any of your money. HyperJar does not issue or hold electronic money, or provide payment services, but distributes and redeems electronic money on behalf of Modulr. Any obligations owed to you under these Terms or under financial services regulation relating to the issue or holding of electronic money, the provision of payment services, or the HyperJar card, are owed by Modulr and Monavate respectively, and not by HyperJar.
4.6 FSCS does not apply. You acknowledge that the UK’s Financial Services Compensation Scheme (‘FSCS’) does not apply. Your HyperJar account and any Sub-accounts are not bank accounts and are not covered by the FSCS. Any electronic money in your HyperJar account is held by Modulr in segregated accounts held at the Bank of England and may be at risk if Modulr becomes insolvent. Please see our FAQs on how your money is protected.
4.7 Limits. There are limits that apply to your use of your HyperJar account, any Sub-accounts and HyperJar card(s) and we also place restrictions on certain transactions, including how often and where you and your Sub-account User(s) can use the HyperJar card. Please see our website for a full list of the applicable restrictions and limits. 4.8 More information. For more information about your HyperJar account and its key features, see our FAQs.
5. USING YOUR HYPERJAR ACCOUNT – ADVANCE PAYMENTS AND HYPERVOUCHERS 5.1 Paying in advance for a HyperVoucher. Using your HyperJar account you can pay participating merchants in advance (“advance payments”):
You can also permit a Sub-account User or a Shared Jar Member to commit an advance payment to a Jar you have opened as a Shared Jar Owner with a participating merchant for rewards and discounts, as noted in sections 9 and 16.
5.2 Hyper Voucher participating merchants. Participating merchants appoint HyperJar as their agent to manage the processing and settlement of advance payments and redemptions on their behalf. HyperJar has no responsibility or liability for the merchant’s offers, its HyperVouchers, goods or services, or any related disputes or refunds. We do not act for you, or contract with you, under these Terms in relation to the Hyper Vouchers or any related rewards or discounts. Your contract is only with the participating merchant.
5.3 The merchant is the promoter and operator of its advance payment offers and the issuer of its Hyper Vouchers. In the ‘Shops’ section of the App you can browse all available offers from participating merchants. The merchant is solely responsible for its offers and the terms and conditions that apply, as well as for its HyperVouchers and the goods or services it provides. You or your permitted Sub-account User or Shared Jar Member need to agree to a participating merchant’s terms and conditions to commit an advance payment to a Jar with that merchant. Each advance payment committed by you, your Sub-account User(s) or your permitted Shared Jar Member to the merchant creates a separate contract between you or your permitted Shared Jar Member and the merchant.
5.4 Merchant responsibility for advance payments. The merchant is responsible for any advance payments committed to them and held in the form of HyperVouchers. The merchant has sole responsibility to honour such advance payments by allowing you and your permitted Sub-account Users and Shared Jar Member(s), to purchase goods and services from its participating outlets and online in accordance with its offer terms. The advance payments are an amount that you, your Sub-account Users or your Shared Jar Member(s) have prepaid to the merchant as full or part payment for goods or services that the merchant will provide in the future – they are not regulated or protected as electronic money. Please see our FAQs on how your money is protected.
5.5 Spending advance payments. Advance payments committed to a merchant (and any accrued rewards) must be spent with that merchant. It is not possible to return funds held by a merchant to your HyperJar account unless stated otherwise in any cancellation right stated in the applicable merchant offer terms. It is also not possible to transfer them to another participating merchant.
5.6 Transfer of Hyper Vouchers. HyperVouchers can be transferred to another HyperJar user (and between HyperJar users) subject to the applicable merchant’s terms. To transfer a HyperVoucher, you (or your permitted Sub-account User or Shared Jar Member) enter the name of the HyperJar user that is to receive the HyperVoucher and follow the steps in the App. You or your permitted Shared Jar Member are responsible for entering the correct recipient details and once confirmed the instruction cannot be cancelled. If you transfer a HyperVoucher to another HyperJar user, we will no longer consider the funds to be yours. For more information see our FAQs.
5.7 How to make an advance payment. You can make advance payments to purchase a HyperVoucher by topping up your HyperJar account first (if necessary) and then committing money to that merchant. A Sub-account User or a Shared Jar Member may also make advance payments as noted in section 10 and section 16.
6. REWARDS
6.1 Rewards. From time-to-time HyperJar or our participating merchants may offer you rewards. These can be related to purchasing HyperVouchers or for performing some other in-App activity such as ‘claiming’ a money off incentive that can be used with participating merchants when you purchase goods or services using your HyperJar card. You can browse all such available offers in the ‘Shops’ section of the App. Rewards are not electronic money and they are not convertible into cash. Rewards (and the right to accrue rewards) are transferable to another HyperJar account unless stated otherwise in the applicable merchant offer terms.
6.2 Reward terms. You need to agree to the reward terms and conditions to receive a reward (which will be available to view in the App), including how to redeem the reward and any restrictions that may apply. The reward terms will create a separate contract between you or your permitted Shared Jar Member and the promoter of the reward.
6.3 Merchant responsibility for rewards that it is the promoter of. Our participating merchants are solely responsible for their offers, the rewards they make available in the App and any terms or restrictions that apply, as well as for the goods and services they provide. HyperJar has no responsibility or liability for any such merchant offers, rewards, goods or services, or any related disputes or refunds.
7. GIFT CARDS
7.1 Purchasing gift cards. You can purchase gift cards from various retailers in the App by topping up your account and using that money to make the purchase.
7.2 Gift card terms. To purchase a gift card you will need to agree to terms and conditions displayed by the retailer. These terms will describe conditions related to usage and redemption of the gift card and will vary by retailer.
7.3 Issues with a gift card. If you experience any issues with using the gift card please refer to the retailer’s terms and conditions on their website or contact their customer services.
7.4 Liability. We are not liable to you if you purchase a gift card and: - You fail to use it before the expiry date; - No longer want or intend to use the gift card; - The item you wish to purchase from the retailer is not available; - The retailer you have purchased the gift card from ceases trading; - You are unhappy with the product you purchased from the retailer. You must liaise with the retailer to return, replace or obtain a refund for any product purchased.
8. CASHBACK
8.1 Earning cashback. From time to time, we may offer cashback. The way that you can earn cashback will be presented to you at the time of offer. The amount of cashback you receive will be shown at the time of the offer in the App; this may differ for each offer and may vary from time to time. We reserve the right to cap the amount of cashback you can earn. Please see here for a full list of the applicable restrictions and limits.
8.2 Spending cashback. Cashback earned will typically be added to your wallet or a Jar and you can spend as with any other money you have in your account. From time to time some merchants may pay out cashback in a form that can only be spent at that retailer. This will be made clear in at time of offer, and in the terms and conditions provided by the specific retailer.
9. ABOUT THE HYPERJAR CARD
9.1 The HyperJar card is a prepaid card. It is not a guarantee card, charge card, debit or credit card. The HyperJar card can be activated by following the instructions in the App. 9.2 Your (or your Sub-account User(s)) spend. You spend advance payments committed to a participating merchant and accrued discounts and rewards, by using the HyperJar card and PIN in store and online. You (or your Sub-account User(s), if permitted by you) can also use the HyperJar card and PIN (as required) to access any electronic money in your HyperJar account (or the Sub-account) to pay for goods and services in store and online anywhere Mastercard is accepted, even if the retailer is not a participating HyperJar merchant. Please note that HyperJar does not allow transactions at certain merchant types; these are listed in our FAQs.
9.3. Your authorisation. You agree that any use of (i) your HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction; and (ii) your Sub-account User’s HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction.
9.4 What happens if the HyperJar card expires? The HyperJar card has an expiry date, which is printed on it. When it expires, the HyperJar card will stop working. We may send out a new card before the expiry date if you have used your HyperJar card (or your Sub-account User has used theirs) in the last six months and it has a positive balance of advance payments with merchants, or any electronic money.
9.5 Replacement HyperJar card. If you or your Sub-account User do not receive a replacement card and want to continue using the HyperJar account or Sub-account, you or your Sub-account User can contact Customer Support using the chat feature in the App and request a new HyperJar card at any time within the 6-year period from your last activity in the HyperJar account or Sub-account. A fee may apply for replacing the HyperJar card – see here. After 6 years of inactivity your HyperJar account and any Sub-accounts will be deleted, and you will need to apply again if you want to use the Services.
10. SUB-ACCOUNTS
10.1 Opening Sub-accounts. We may allow you to open a Sub-account in your HyperJar account for another person that is resident in the UK, including your child if they are 6 or older, and obtain a HyperJar card associated with this Sub-account. If the Sub-account is for a child under 16 years of age, you must be the parent or legal guardian of the child. A child under 16 cannot apply for a HyperJar account or a HyperJar card themselves. When you register for a Sub-account, you will need to provide us with the full name and date of birth of the Sub-account User. We may ask you to provide proof of ID for the Sub-account User at our discretion. The HyperJar card and Sub-account will be in the name of the Sub-account User and is not transferable. HyperJar cards for Sub-account Users will be sent by post to the main HyperJar account address. You or the Sub-account User cannot allow anyone else to operate the Sub-account or use their HyperJar card. You cannot open more than 6 Sub-accounts. For more information about Sub-accounts and how to set them up see our FAQs.
10.2 Limits and controls. Any limits or restrictions applicable to your HyperJar account also apply to any Sub-account(s): these limits are not increased by you opening one or more Sub-accounts. You can set your own limits and restrictions regarding your Sub-account User(s) use of the Sub-account. We also place restrictions on the HyperJar card based on the age of the Sub-account User so that it cannot be used at merchants where there are age-based restrictions. For more information about the applicable limits and controls see our FAQs.
10.3 Notifications and monitoring. You will be able to see all activity on your Sub-accounts in your App in real time, including any notifications. You must explain this to them. It is your responsibility to monitor and regularly check all activity on your Sub-accounts.
10.4 Closing a Sub-account. You can close your Sub-account(s) at any time by contacting Customer Support using the chat or close account feature in the App. If your Sub-account User has a full HyperJar account at the time, you may agree to transfer the balance of any electronic money, HyperVouchers and the related rewards or other rewards with merchants (subject in each case to the applicable terms of your contract with the merchant), from the Sub-account to your Sub-account User’s new account. If your Sub-account User does not have their own account, or you have not agreed that the balance of any electronic money, HyperVoucher and related rewards or other rewards may be transferred, those balances will be transferred from the Sub-account to your account and the Sub-account will be closed.
11. CHANGES TO THESE TERMS
11.1 Notice period. We may change these Terms by giving you two (2) months’ written notice. You will be considered to have accepted the proposed changes if you do not terminate these Terms by cancelling your account within the App as set out in section 24, or by giving us written notice, during the notice period.
11.2 Immediate changes. We may also make some changes immediately, without notice, if they:
11.3 If you don’t agree to changes You and your Sub-account Users should stop using the App and any HyperJar cards associated with your HyperJar account. If you or any of your Sub-account Users keep using the App or HyperJar card(s) from the effective date of any new terms, we will consider you have accepted the change.
12. HYPERJAR FEES
12.1 Fees for using the account. HyperJar reserves the right to charge for the use of the account or Services. Any applicable fees charged by HyperJar regarding the HyperJar account and HyperJar card are set out here.
12.2 We reserve the right to charge fees for withdrawing cash at ATMs. HyperJar reserves the right to charge a fee for cash withdrawals. The applicable fees and limits associated with your HyperJar account and the App are set out here.
13. LOADING MONEY INTO YOUR HYPERJAR ACCOUNT
13.1 £ Sterling only. Payments made into your HyperJar account must be made in £ Sterling and be from a UK bank account; we do not accept payments from non-UK bank accounts.
13.2 Paying in. You can load electronic money into your HyperJar account by depositing money from a UK bank account into your Wallet. This method of loading your HyperJar account is provided by third parties (e.g. your bank) and is not part of our Services. We may add additional methods of loading, or stop offering existing methods, at any time without notice to you.
13.3 Crediting your account. We will credit your HyperJar account as soon as possible when we receive your money, subject to our rights set out in section 25 and our right of reversal. If we exercise our rights under section 25, or the money you intended to load does not reach us within a reasonable time, we may need to reverse the transaction and deduct any electronic money we have already credited to your HyperJar account. If you do not have enough electronic money in your HyperJar account for us to make this deduction, you must reimburse us as soon as possible, as set out in section 14.2.
13.4 Paying into a Sub-account. To top up your Sub-account(s) you must have electronic money in your HyperJar account. You can then move this electronic money into the Sub-account. Your Sub-account User(s) cannot top up the Sub-account – this can only be done by you or by a transfer from another HyperJar user or a gift transfer outlined in section 14.1.
14. MAKING PAYMENTS, TRANSFERS AND WITHDRAWALS
14.1 Sufficient funds. You (or your Sub-account User) must have enough funds to cover the full amount of any payment, transfer, or withdrawal. We may decline any instruction if your HyperJar account or Sub-account does not have sufficient advance payments or electronic money, if you or your Sub-account User(s) exceed any applicable limits, or in accordance with section 22.
14.2 Obligation to repay. There cannot be a negative balance in your HyperJar account or any of your Sub-accounts. Some transactions that take your HyperJar account or your Sub-account(s) below zero may still go through. If that happens, you must repay the amount owing to us immediately, without requiring notice from us to do so. If you do not, we may suspend your use of your HyperJar account, including any Sub-account(s). We may also take other reasonable steps to recover the amount owing to us (such as taking legal action or using debt collection services) and charge you for the cost of these services.
14.3 Confirming and cancelling. You (or your Sub-account User if permitted by you) successfully complete device and App security and follow the steps in the App to make payments, transfers and withdrawals. You (or your Sub-account User) will be prompted in the App to confirm the details of the payment, transfer or withdrawal and once confirmed you cannot cancel your instruction. You can also use your HyperJar card and PIN instore and online to make payments, as noted in section 9.2.
14.4 Deduction of funds. We will deduct the amount of your payment, transfer, or withdrawal immediately. If you are making an advance payment to a participating merchant, transferring electronic money to another registered HyperJar user, or using your HyperJar card to pay for goods or services online or in-store, we will credit this amount to the merchant or HyperJar user as soon as possible.
14.5 Withdrawing funds. The methods of withdrawing funds out of your HyperJar account are provided by third parties (e.g. the bank where you have your bank account) and are not part of our Services. We do not have any control over the amount of time it may take for a recipient’s bank or payment provider to credit funds to the recipient but would generally expect this to take less than three Business Days.
14.6 Additional methods. We may add additional methods of withdrawing, or stop offering existing methods, at any time.
15. RECEIVING TRANSFERS
15.1 Receiving transfers. You can receive a transfer into your HyperJar account (or your Sub-accounts) from another registered HyperJar user, or from any third party that sends you or your Sub-account User electronic money through our website. We will credit your account (or Sub-account) with any such transfer (whether it is a transfer of electronic money or HyperVoucher) as soon as possible, subject to our right of reversal.
15.2 Deductions. You agree that we may need to deduct any transfer you receive if:
16. SHARING JARS
16.1 Sharing Jars. When you create a Jar in your HyperJar account you are the Jar Owner. As a Jar Owner you can decide to share your Jars. When you do this, you become the Shared Jar Owner and the people you share the Jar with become Shared Jar Members. You can allow Shared Jar Members that you have given permission to, to:
As provided in section 5, any contract in relation to the advance payment committed to your Jar by a Shared Jar Member is between the Shared Jar Member and the merchant, and not HyperJar. You may also permit Shared Jar Members to link their HyperJar card to the Jar and spend some, or all, of either the electronic money or the advance payment and any accrued discounts and rewards in the Jar (as applicable).
16.2 Shared Jar permissions. If you permit Shared Jar Members to access and share your Jars, you can set certain permissions for each Shared Jar Member, including:
16.3 You acknowledge. If you permit Shared Jar Members to access your Jars you acknowledge and agree that:
16.4 Shared Jar funds, Shared HyperVouchers and Rewards ownership. Any electronic money, HyperVouchers, cashback or any other type of reward in a Shared Jar will belong to the Shared Jar Owner. You acknowledge that if you transfer your electronic money, HyperVoucher, cashback or any other type of reward or advance payment to a Jar owned by another HyperJar user:
16.5 Limits and controls. Any limits or restrictions applicable to Jars that you open in your HyperJar account also apply to any Jars that you elect to share. These limits are not increased when you share your Jar.
17. COLLECTION JARS
17.1 Collection Jars. A Collection Jar is a special type of Shared Jar, owned by one Collector, that will receive money from Contributors who may or may not be HyperJar customers. If you set up a Collection Jar and act as a Collector, you acknowledge that:
18. KEEP YOUR ACCOUNT AND CARD SAFE
18.1 Keep your HyperJar account safe. Always keep your device, your HyperJar card, card number, CVV, and PIN, and the passcode to your HyperJar account, safe and secure. You must explain to your Sub-account User(s) the importance of keeping their HyperJar card, card number, CVV and PIN safe and secure. Do not write down or tell anyone your PIN or passcode, and do not share your HyperJar card, or allow anyone else to access your HyperJar account. You should discuss these measures with your Sub-account User(s) as well. Please see our FAQs for more detail of how to keep your account safe.
18.2 Compromised account. Contact us if you suspect your HyperJar account or your Sub-account may be compromised using the chat feature in the App or on our website immediately (and freeze your HyperJar account) if:
18.3 Compromised card. Contact us if you suspect your or your Sub-account User(s) HyperJar card may be compromised or if your or their HyperJar card is lost, stolen, used without your authorisation or otherwise compromised, or someone else finds out the PIN, you must as soon as possible:
18.4 Check transactions regularly. All your transactions and any Sub-account transactions are displayed in the App in the activity section of your HyperJar account. You must contact us immediately using the chat feature in the App if you see transactions that you don’t recognise or that look wrong. We might be able to refund money you have lost if the transaction is due to our mistake, fraud, or errors with your transaction (see section 22.7). If you don’t tell us about any unauthorised or incorrectly initiated or executed transactions immediately, and at the latest within 13 months from the transaction, you may not be entitled to have any errors corrected or money refunded. You also may not be able to claim a refund if:
18.5 You and your Sub-account Users must not misuse our App:
18.6 Your right to reimbursement if you’re the victim of an APP (Authorised Push Payment) scam. On 7 October 2024, new rules from the Payments Systems Regulator (PSR) come into force, giving you the right to be reimbursed if you fall victim to an APP scam. Not everyone is automatically eligible for reimbursement. Please refer to the Modulr Right to Reimbursement Explainer document, here.
19. YOUR LIMITED LICENCE TO USE THE APP
19.1 Right to use the App. Our Services, including the App, contain software, technology, confidential information and other content that is protected by intellectual property rights and other laws. We license you (and your Sub-account User in relation to the Sub-account) the right (a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence) to use the App to access our Services provided you comply (and ensure your Sub-account User(s) comply) with these Terms and any applicable rules of the app store provider or operator (App Store and Google Play).
19.2 We remain the owners of the App. You (and your Sub-account User in relation to the Sub-account) do not have any right to our Services, including the App, other than to use them in accordance with the licence granted in section 19.1. Except as allowed by law or by HyperJar, you and your Sub-account User(s) cannot use, distribute, reproduce, modify, copy, adapt, publish, translate, create derivative works from, transfer, loan, rent, sell, publicly perform or publicly display any part of our App, Services, or included platform or software. You also cannot reverse engineer, decompile, disassemble or attempt to extract the source code of that platform or software.
20. ABOUT THE APP
20.1 App updates. Software updates for the App may be issued through App Store or Google Play from time to time. In some cases (for example if there are security risks), you and your Sub-account Users may not be able to use the App until you (or they) have installed the updated version and accepted any new terms.
20.2. HyperJar’s responsibilities. Other than as expressly set out in these Terms, we do not make any specific promises about the App. For example, we do not make any commitments about the content within the App, the specific functions of the App or its accuracy, reliability, availability or ability to meet your needs. We do not guarantee that our Services will be uninterrupted or that they will always be available. Occasionally, we may have to interrupt the use of the App; if we do, we will restore access as quickly as we can. We cannot guarantee that the App will be free from bugs or viruses, or never be faulty.
21. WHAT ABOUT OTHER PEOPLE’S RIGHTS?
21.1 Third-party rights. We respect other people’s rights and expect you to do the same. You and your Sub-account Users cannot use our Services, including the App, in any way that infringes or violates HyperJar’s or anyone else’s copyright, trademark or other intellectual property rights or otherwise breaks any applicable law.
21.2 Third-party content. The App displays content that we do not own, and we are not responsible for. Branding, trademarks, service marks, logos and content used in the App may belong to HyperJar or someone else, such as a participating merchant. You and your Sub-account Users may not use content from any of our Services, including the App, unless you get permission beforehand from us or the owner of the content, or you are permitted by law.
22. LIABILITY
22.1 Foreseeable loss and damage. We are responsible to you for foreseeable loss and damage that we cause. We will be responsible to you for any loss or damage you suffer that is a foreseeable result of us breaking these Terms, or of our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms were agreed, both we and you knew it might happen. 22.2 Limits on liability. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
22.3 We will not be liable or responsible:
22.4 Your liability to us. You will be responsible to us for any loss or damage we suffer that is a foreseeable result of you or your Sub-account User(s) breaking these Terms, failing to comply with applicable law, or misusing our Services. In the unlikely event of any losses, claims, costs or liabilities arising out of any or all of the following, you agree to compensate us and our affiliates and hold us harmless for your or your Sub-account User(s) breach of these Terms or any applicable law, or your or your Sub-account User(s) use or misuse of our Services.
22.5 Neither of us will be liable to the other for:
22.6 Deducting money from your account. We can deduct money from your HyperJar account if you or your Sub-account User owe us money. You agree that we have the right to deduct from the electronic money in your HyperJar account any amounts that you and/or they owe us from time to time. If you do not have enough electronic money in your account to repay the amount you and/or they owe, we may take other reasonable steps to recover this amount (such as taking legal action or using debt collection services) and charge you for the cost of these services.
22.7 Our liability to you for unauthorised payments or our mistake. If any unauthorised transaction is due to our error, we will on your request immediately correct the error and refund the payment or withdrawal (if relevant). This shall not apply:
23. COMPLAINTS
23.1 Merchant complaints. If your dispute or complaint is in relation to a participating merchant’s offer, rewards, or goods or services you purchased from a participating merchant or any other retailer with your HyperJar account, Sub-account(s) or HyperJar card(s), you must settle it with that merchant or retailer. Your contract is with the merchant, not HyperJar, and the merchant’s terms and conditions will apply.
23.2 HyperJar complaints. If you have a complaint about the HyperJar Services or any HyperJar rewards that we are the promoter of, please contact us using our customer complaint procedure shown on our website. If you’re still unhappy, you can refer your complaint to the Financial Ombudsman Service if it is in relation to your electronic money account – their website is: www.financial-ombudsman.org.uk.
24. HOW TO CLOSE YOUR ACCOUNT
24.1 Closing your account. You can close your HyperJar account at any time by contacting Customer Support using the chat feature in the App or by using the close account feature in the App. You will need to repay any money you and your Sub-account User(s) owe us before you close your account. We will terminate your HyperJar account and any Sub-accounts and the HyperJar card(s) and transfer any remaining electronic money in your HyperJar account to your chosen UK bank account. As part of closing your account you must destroy any physical cards you or your sub-account holders have. You may be liable for any transactions that take place on your or your Sub-account physical cards after your account is closed.
24.2 Withdraw your funds. If you still have electronic money in your HyperJar account or Sub-account(s) when you close your account:
24.3 Advance payments. Any advance payments that have been committed to a merchant cannot be returned unless stated otherwise in any cancellation right stated in the applicable merchant offer terms. You or your Sub-account User(s) must spend any such advance payments at that merchant (or you must transfer the value of them to another HyperJar user) before you close your account.
24.4 Rewards will expire. Any rewards you or your Sub-account User(s) have accrued with a participating merchant or with HyperJar, but not redeemed, cannot be transferred unless stated otherwise in the applicable offer terms, and will expire when your HyperJar account is closed.
24.5 HyperVouchers. The balance of any HyperVouchers in your account must be redeemed or transferred to another HyperJar user before you close your account otherwise you will lose those funds.
25. WHEN WE CAN SUSPEND, CLOSE OR BLOCK YOUR ACCOUNT
25.1 Ending these terms with notice. We may end these Terms by giving you two months’ notice. We may give you two months’ notice at any time that we are closing your HyperJar account or any associated Services and ending these Terms.
25.2 Ending these terms without notice. We may end or suspend these Terms without notice in certain circumstances. We may without notice suspend or close your HyperJar account, any Sub-account and the HyperJar card(s) immediately at any time, or block any transactions, if:
25.3 Unclear instruction. We may also block any transaction if the instructions are unclear, incomplete or contain an error.
25.4 Giving you notice. We will give you notice of suspension where possible. We will give you notice of any suspension and the reasons for such suspension as soon as we can, either before the suspension is put in place, or immediately after, unless it would compromise our reasonable security measures or be otherwise unlawful. We will lift the suspension as soon as practicable once the reasons for the suspension have ceased to exist.
25.5 Registered but not activated. If you have registered for, but not activated or used, your HyperJar account, Sub-account(s) or HyperJar card(s) within 12 months from registration, your HyperJar account will become inactive, and we may close it. If we close your account, you will need to reregister for a new account.
25.6 Account inactivity. If you do not use your HyperJar account or Sub-account (s) for 12 months, your account will become inactive, and you will no longer be able to access it. If you have electronic money, advance payments committed to a merchant in your HyperJar account, we will maintain your account for 6 years from the date your account becomes inactive. You can contact us to reactivate your account to withdraw the electronic money, spend any such advance payments (or transfer the value of them to another HyperJar user), use any rewards you have accrued with the relevant participating merchant during this time. At the end of the 6-year period:
25.7 When these Terms end you and your Sub-account User(s) will not be able to use the App. All rights granted under these Terms shall cease and you must immediately delete or remove the App from your and your Sub-account User(s) device.
26. WHAT ELSE DO I NEED TO KNOW?
26.1 Transferring these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in advance in writing. We can transfer these Terms, or any right or obligation under these Terms, at any time by giving you two months’ notice. This does not affect your rights to close your account as set out in section 24.
26.2 Third party rights under these Terms. You acknowledge and agree that Modulr has the right to enforce these Terms directly against you in relation to your electronic money account. Save for Modulr, these Terms are not intended to grant rights to anyone except between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Terms or make any changes to these terms.
26.3 Even if we delay in enforcing these Terms, we can still enforce them later. We may choose to ignore it if you break the Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
26.4 Mobile network charges. The App may require the use of data access and text messaging and you are responsible for any charges that your mobile network provider may apply.
27. DEFINITIONS “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks are open for business in London. “Shared Jar Member” means a registered HyperJar user that has been given permission by a Shared Jar Owner (the person who created the Jar) to access and share a Jar that the Shared Jar Owner has opened under their account, as stated in section 16. “Shared Jar Owner” means a registered HyperJar user that shares a Jar they are the owner of, as stated in section 16. “HyperVoucher” an advance payment made to a merchant partner. A HyperVoucher is transferable to another Users and may have associated rewards linked to it. “Jar Owner” means a registered HyperJar user that opens a Jar in their HyperJar account. “Personal Data” means any information that can be used to personally identify you, including information you give to us when you register (e.g. email address) and any information that we collect as you use the App. “Services” means the products, content, features, technology, functions and services provided by HyperJar, including the App, our websites and any other online, offline, or mobile products and services on or via any platform or technology. “Wallet” means the digital wallet within the App that is used to hold electronic money in your HyperJar account before you choose to move some or all of it into another Jar, for example by making an advance payment to a participating merchant. We use Modulr to provide services for the wallet such as (i) provide your pay-in sort code and account number; (ii) receive the payments into your wallet; and (iii) hold your e-money until it is spend using your HyperJar Card or you make an advance payment. These services are covered by the Modulr terms and conditions shown here. ”Collection Jar” is type of Shared Jar owned by one Collector that will receive money from Contributors who may or may not be HyperJar customers. ”Collector” means the owner of a Collection Jar used to gather money from others for an agreed purpose. “Contributors” are people who pay money into a Collection Jar.
HyperJar Privacy Notice August 2023
Contents
1 Who we are
2 The information we process
3 How we obtain information
4 Your rights
5 Changes to the way we use your information
6 How we use and share your information with other HyperJar group companies
7 Sharing with other third parties
8 Transferring information overseas
9 Marketing information
10 Communications about your account
11 Credit reference and fraud prevention agencies
12 How long we keep your information
13 Security
14 Automated processing
Schedule A – Schedule of Purposes of Processing
A Contractual necessity
B Legal obligation
C Legitimate interests
1 Who we are
1.1 We are HyperJar Limited (“we, “us” or “our”). The purpose of this Privacy Notice (the “Privacy Notice”) is to explain how we collect, use, and protect your personal information in connection with our business. “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).
1.2 This policy applies to your use of our website at HyperJar.com (“Site”), the HyperJar digital wallet application (“App”) and any of our services that are accessible through the Site or the App (collectively referred to as our “Services”). It sets out the basis on which any personal data we collect about you, or you provide to us, will be processed, and used by us. If you open a sub-account in your App (“Sub-account”) for another person by ordering a HyperJar card (“Card”) for them (“Sub-account user”) that is connected to your account, including where that person is a child, this privacy policy also covers the personal data of that Sub-account User (and references to “you” or “your” will also refer to your Sub-account Users where applicable). This Privacy Notice applies to all the information we collect, use and process about you as a customer or user in relation to the products/services you receive from us carried out by HyperJar.
1.3 It is important that you read this Privacy Notice, together with any other privacy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about (or provided by) you or a Sub-account User, so that you (and your Sub-account Users) are fully aware of how and why we are using your (and their) data. This Privacy Notice supplements the other notices and is not intended to override them.
1.4 HyperJar is a data controller in respect of personal information that we process in connection with our business (including the products and services that we provide). We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions, including any requests to exercise your legal rights, please contact the data privacy manager at privacy@hyperjar.com.
2 The information we process
2.1 We collect and process various categories of personal and confidential information at the start of, and for the duration of, your relationship with us and beyond (subject to appropriate retention periods as set out in section 12). We will limit the collection and processing to information necessary to achieve one or more legitimate purposes as identified in this Privacy Notice. Personal and confidential information may include:
a) basic personal information, including name and address, date of birth, contact details, nationality, the fact you are
our customer;
b) financial information, including account and transactional information and history, payment, and payee details, your HyperJar account and other financial information that you have linked and your HyperJar card details including transactions, rewards, redemptions and other purchase information regarding products and services accepted from merchants;
c) information about your family, lifestyle, and social circumstances;
d) information about your financial circumstances, including personal wealth, assets and liabilities, proof of income and
expenditure, needs and goals;
e) employment information;
f) visual images and personal appearance (such as photos, copies of passports or CCTV images), voice recordings, video selfie, fingerprints;
g) online profile and social media information and activity, based on your interaction with us and our websites and
applications, including for example your App profile and login information, Internet Protocol (IP) address, smart
device information, location coordinates, online and mobile App security authentication, mobile phone network
information, searches, site visits and spending patterns, browser plug-in types and versions, operating system and platform.
h) contacts lists stored on the devices you (and your Sub-account Users if permitted by you) use to access the Services or in social media accounts you (and your Sub-account Users if permitted by you) choose to link to your account or their Sub-account.
i) data from 3rd parties including identity and verification information from fraud prevention agencies, data from partner merchants, identity, and behavioural data from social media account.
2.2 We use Cookies to distinguish you and your Sub-account Users from other users. This helps us to give users a good experience and to improve our Services. We may also receive Technical Data about you or your Sub-account Users if you or they visit other sites employing our Cookies. Please see our Cookie Policy for further details on the Cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of Cookies.
2.3 If as a parent or guardian you open a Sub-account for a child, you are giving us permission to collect, use, store, share and transfer that child’s personal data in the ways specified in this policy. We encourage you to explain to the child how their information will be used, as set out in this Privacy Policy. For a child friendly summary see our Child Sub-account Privacy Notice. If you have permitted the child to use the App to access their Sub-account we will, when required, send them the following communications:
i.in-App service communications, e.g., attempted spend at a non-permitted merchant.
ii.in-App usage alerts, e.g., notifications about advance payments they have made to a merchant featured on our App (if permitted), redemptions they have made using their HyperJar card or details of rejected transactions and pending gift receipts.
2.4 Registered account holders will have full visibility of all activity by Sub-account holders.
2.5 We may also process certain special categories of information for specific and limited purposes, such as detecting and preventing fraud and financial crime, if it is in the wider public interest (for example, to protect customers’ economic wellbeing); making our services accessible to customers; reporting of complaints for regulatory purposes. We will only process special categories of information where we have obtained your explicit consent or are otherwise lawfully permitted to do so (and then only for the purposes and activities for which the information is provided as set out in Schedule A).
This may include information revealing:
a) racial or ethnic origin,
b) religious or philosophical beliefs;
c) trade union membership;
d) biometric data used for fraud prevention and identification purposes including physical, physiological, and behavioural
identification.
e) information concerning health; and
f) data concerning a person’s sex life and sexual orientation.
2.6 Where permitted by law we may process information about criminal convictions, criminal offences, related security details, alleged offences including unproven allegations, spent or previous convictions, or other details provided in relation to a criminal reference check or similar.
2.7 Where you have provided your consent for us to process your special category data, such as biometric data, you can change it any time by contacting us.
3 How we obtain information
3.1 Your information is made up of all the financial and personal information we collect and hold about you. It includes:
a) information you give to us;
b) information that we receive from third parties – including other HyperJar group companies – such as:
(i) third parties who provide services to you or us,
(ii) credit reference, fraud prevention, law enforcement or government agencies,
(iii) industry and trade bodies,
c) information that we learn about you through our relationship with you and the way you operate your accounts and/
or services, such as the payments made to and from your accounts and payees from your account and where you are
identified as a payee;
d) information that we gather, where we have your consent, through Cookies or similar tracking tools (e.g. pixels) when you use our websites, the App and contact our customer support team. Advertising or targeting Cookies or similar technologies may also be used, with your consent, to track your responses to adverts, messages, or forms, which helps us to present you with the most relevant content in the future. When running email campaigns, we also track delivery and log when emails are opened. For example, when you open the email a small image file known as a Cookie may be downloaded to your web browser or email programme. You can restrict or block this type of technology through your web browser or email programme settings by preventing automatic downloading. Cookies may also be set if you click on a link within the email. We track delivery and analyse the overall open and click through rates of bulk emails to:
(i) identify delivery problems with Internet Service Providers.
(ii) provide evidence that regulatory messages are being opened.
(iii) ensure subject lines and email content are clear and helpful.
(iv) measure the overall performance of communication campaigns.
(v) make our communications more relevant.
By default, tracking logs are deleted after 6 months.
e) information that we gather from the technology which you use to access our services (for example device data location data from your device, or an IP address or telephone number) and how you use it (for example pattern recognition);
f) information that we gather from publicly available sources, such as the press, the electoral register, company registers
and online search engines. Information that you make public on social media e.g., Facebook, Twitter.
4 Your rights
4.1 You and your Sub-account Users have rights under data protection laws in relation to your personal data. You and your Sub-account Users have the right to:
a. ask us not to contact you or them for marketing purposes before you have signed up for the Services, or after you have withdrawn from the Services, by contacting us at privacy@hyperjar.com, or by clicking on the unsubscribe link in the relevant communication.
b. at any time ask us to stop processing of your personal information for direct marketing purposes.
c. withdraw any consent you have previously given to us.
d. subject to applicable laws, to ask for access to the personal data we hold about you or your Sub-account Users.
e. ask us to correct any personal data we hold on you or your Sub-account Users that is inaccurate, incorrect, or out of date.
f. ask us to delete your personal data when it is no longer necessary, or no longer subject to a legal obligation which we are subject to. If your data is impossible to permanently delete, we will put it beyond reasonable use.
g. request the transfer of your or your Sub-account User’s personal data to you or to a third party. We will provide 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 use or where we used the information to perform a contract with you.
h. object to our use of your information where we are relying on a legitimate interest (or those of a third party) and we cannot demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
i. request restriction of processing of your personal data. You may ask us to suspend the processing of your or their personal data: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
j. lodge complaints. You have a right to lodge a complaint with the regulator. If you wish to raise a complaint on how we have handled your personal information, please contact us at privacy@hyperjar.com. We hope that we can address any concerns you may have. You can also contact the Information Commissioner’s Office (ICO). For more information, visit ico.org.uk. Our registration number with the ICO is ZA286245.
5 Changes to the way we use your information
5.1 From time to time we may change the way we use your information. Where relevant, we may also include further details or information in relation to a particular service or activity at the point information is collected or the product or service is considered. When we do, we will communicate any changes to you and publish the updated Privacy Notice on our website and in the App. Where we believe you may not reasonably expect such a change, we will notify you and will allow a period of at least 30 days for you to raise any objections before the change is made. However, please note that in some cases, if you do not agree to such changes, it may not be possible for us to continue to operate your account and/or provide certain products and services to you.
6 How we use and share your information with other HyperJar group companies
6.1 We will only use and share your information with other HyperJar group companies where it is necessary for us to lawfully carry out our business activities. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail in Schedule A – Purposes of Processing.
7 Sharing with other third parties
7.1 We will not share your information with anyone outside HyperJar except:
a) where we have your permission;
b) where required, whether directly or indirectly, for your product or service, which could include in relation to your welfare or accessibility requirements;
c) with law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory or trade bodies around the world;
d) with third parties in relation to fraud or financial crime or criminal activities; or in the event of suspected fraud or financial crime or criminal activities; or the monitoring, prevention, and investigation of the same; with other third parties to help recover funds that have entered your account as a result of a misdirected payment by such a third party;
e) with third parties, agents and sub-contractors acting on our behalf providing services to us, such as payment and card processing, electronic money provision, technology and security, or any other services are required in connection with our legal, regulatory, or contractual rights or obligations relating to products or services provided to you;
f) with merchants as featured on the App or websites from time to time for support purposes or, with your consent, for their marketing or other stated purposes;
g) where required for a proposed or actual sale, reorganisation, transfer, financial arrangement, asset disposal or other
transaction relating to our business and/or assets held by our business where such data is shared with a third party
it is done so under strict duties of confidentiality;
ih) in anonymised form as part of statistics or other aggregated data shared with third parties; or
i) where 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.
7.2 HyperJar will not share your information with third parties for their own marketing purposes without your permission.
7.3 Our websites and the App may include links to third-party sites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party sites and are not responsible for their privacy policies or any data that may be collected or used through those sites. Please check their policies before you submit any information to them.
7.4 If you would like further information about with whom we have shared your personal data with, and whether they will be acting as a controller or processor of that data, please contact us at privacy@hyperjar.com.
8 Transferring information overseas
8.1 We may transfer your information to organisations in other countries (including to other HyperJar group companies) on the basis that anyone to whom we pass it protects it in the same way we would and in accordance with applicable laws.
8.2 In the event that we transfer information to countries outside of the UK and European Economic Area (which includes
countries in the European Union as well as Iceland, Liechtenstein, and Norway), we will only do so where:
a) the UK has decided that the country or the organisation we are sharing your information with will protect your
information adequately;
b) the transfer has been authorised by the relevant data protection authority; and/or
c) we have entered into a contract with the organisation with which we are sharing your information (on terms approved
by the UK) to ensure your information is adequately protected. If you wish to obtain a copy of the relevant data protection
clauses, please contact us at privacy@hyperjar.com.
9 Marketing information
9.1 Where we have appropriate marketing permissions, we will send you relevant marketing information (including details of other products or services provided by us, other HyperJar Group companies, or other selected third parties which we believe may be of interest to you), by mail, phone, email, text, in-App, online and other forms of electronic communication.
9.2 We will not use the personal data of any Sub-account User under the age of 16 to target them with marketing messages; we may use the personal data of any Sub-account User under the age of 16 to target the account holder with relevant marketing messages where we have the appropriate permissions to do so;
9.3 If you or a Sub-account User change your mind about how you would like us to contact you, or you no longer wish to receive this information, you can change your preferences in the App.
10 Communications about your account
10.1 We will contact you with information relevant to the operation and maintenance of your account (including updated
information about how we process your personal information), by a variety of means including via App, email, text message, post and/or telephone. If at any point in the future, you change your contact details you should tell us promptly about those changes.
10.2 We may monitor or record calls, emails, text messages, customer support teams or other communications in accordance with applicable laws for the purposes outlined in Schedule A – Purposes of Processing.
10.3 We may contact you if we have concerns about your economic wellbeing and offer practical support.
11 Credit reference and fraud prevention agencies
11.1 We may access and use information from credit reference and fraud prevention agencies when you open your account and periodically to:
a) prevent criminal activity, fraud, and money laundering;
b) check your identity and verify the accuracy of the information you give us.
11.2 Account opening decisions may be taken based solely on automated checks of information from credit reference and fraud prevention agencies and internal HyperJar records. You have rights in relation to automated decision-making, including a right to appeal. You can appeal via our normal complaints process, which can be found here: https://www.HyperJar.com/support-centre/how-to-complain.html
11.3 If false or inaccurate information is provided and/or fraud is identified or suspected, details will be passed to fraud prevention agencies. Law enforcement agencies and other organisations may access and use this information. Fraud prevention agencies may allow the transfer of your personal data outside of the UK. This may be to a country where the UK Government has decided that your data will be protected to UK standards, but if the transfer is to another type of country, then the fraud prevention agencies will ensure your data continues to be protected by ensuring appropriate safeguards are in place.
11.4 If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we and others may refuse to provide the services you have requested, to employ you, or we may stop providing existing services to you.
11.5 A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing, or employment to you. Fraud prevention agencies can hold your information for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
11.6 If you would like a copy of your information held by the credit reference and fraud prevention agencies we use, or if you want further details about how your information is used by these agencies, please visit their websites, or contact them using the details below. The agencies may charge a fee. Credit reference Agency contact details:
Equifax Limited https://equifax.co.uk/crain)
Experian Limited https://experian.co.uk/crain
CIFAS https://cifas.org.uk/fpn
National Hunter Ltd https://www.nhunter.co.uk/privacypolicy/
TransUnion International UK Limited https://www.transunion.co.uk/crain
12 How long we keep your information
12.1 By providing you with products or services, we create records that contain your information, such as customer account records and activity records. Records can be held on a variety of media (physical or electronic) and formats.
12.2 We manage our records to help us to serve our customers well, such as dealing with any queries relating to your account) and to comply with legal and regulatory requirements. Records help us demonstrate that we are meeting our responsibilities and as evidence of our business activities.
12.3 Retention periods for records are determined based on the type of record, the nature of the activity, product or service, the country in which the relevant HyperJar company is located and the applicable local legal or regulatory requirements. We (and other HyperJar group companies) normally keep customer account records for up to ten years after your relationship with us ends, while other records are retained for shorter periods. Retention periods may be changed from time to time based on business or legal and regulatory requirements.
12.4 We may by exception retain your information for longer periods, particularly where we need to withhold destruction or disposal based on an order from the courts or an investigation by law enforcement agencies or our regulators. This is intended to make sure that we will be able to produce records as evidence if they are needed.
12.5 If you would like more information about how long we keep your information, please contact us at privacy@hyperjar.com.
13 Security
We use a range of measures to keep your information safe and secure, which may include encryption and other forms of security. We require our staff and any third parties who carry out any work for us to comply with appropriate compliance standards including obligations to protect any information and applying appropriate measures for the use and transfer of information.
14 Automated Processing
14.1 In the course of providing products and services to you we may process your personal information by automated means, to include profiling. This means we will use computer software or predictive analysis to automatically evaluate your personal circumstances to identify risks or to predict certain outcomes. Examples of this type of processing include;
a) the assessment of account activity to detect and prevent fraud;
b) the identification of customers in vulnerable situations so that we can offer them support or protection; and
c) to provide personalised offers and create market insights.
14.2 Profiling is a useful tool as we try to understand our customers and their specific needs in more detail. It gives us the opportunity to use personal information to tailor our marketing and to ensure that we achieve fair customer outcomes. However, our customers have rights and entitlements in relation to automated processing
and these are covered in Schedule A. You also have the right to opt out of profiling for marketing purposes.
Schedule A – Schedule of Purposes of Processing
We will only use and share your information where it is necessary for us to carry out our lawful business activities. Your information may be shared with and processed by other HyperJar group companies. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail in a table below:
A. Contractual necessity
We may process your information where it is necessary to enter into a contract with you for the provision of our Services or to perform our obligations under that contract. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you.
This may include processing to:
a) assess and process applications for products or services
b) provide Services throughout your relationship with us, including opening, setting up or closing your accounts, sub-accounts, or products; collecting and issuing all necessary documentation; executing your instructions; processing transactions, including transferring money between accounts; making payments to third parties; resolving any queries or discrepancies and administering any changes. Communications to our mobile and website customer support team may be recorded and monitored for these purposes;
c) apply age-appropriate filters to versions of the App accessed by Sub-Account users;
d) manage and maintain our relationships with you and for ongoing customer service. This may involve sharing your information with other HyperJar group companies to improve the availability of our services, for example enabling customers to visit branches of other HyperJar group companies;
e) communicate with you about your account(s) or the Services you receive from us.
B. Legal obligation
When you apply for a product or Service (and throughout your relationship with us), we are required by law to collect and process certain personal information about you. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you. This may include processing to:
a) confirm your identity, (including using biometric information and voice-recognition technology and other identification
procedures, for example fingerprint verification where we have a valid legal basis e.g. consent);
b) perform checks and monitor transactions and location data for the purpose of preventing and detecting crime and; to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. This may require us to process information about criminal convictions and offences, to investigate and gather intelligence on suspected financial crimes, fraud, and threats and to share data with law enforcement and regulatory bodies;
c) share data with banks and third parties to help recover funds that have entered your account because of a misdirected payment by such a third party;
d) share data with police, law enforcement, tax authorities or other government and fraud prevention agencies where we have a legal obligation, including reporting suspicious activity and complying with production and court orders;
e) deliver mandatory communications to customers or communicating updates to product and service terms and conditions;
f) investigate and resolve complaints, and remediate errors occurring on your account or service;
g) conduct investigations into breaches of conduct and corporate policies by our employees;
h) manage contentious regulatory matters, investigations, and litigation;
i) perform assessments and analyse customer data for the purposes of managing, improving and fixing data quality;
j) provide assurance that we have effective processes to identify, manage, monitor and report the risks it is or might
be exposed to;
k) investigate and report on incidents or emergencies on our properties and premises;
l) coordinate responses to business-disrupting incidents and to ensure facilities, systems and people are available to continue providing services.
C. Legitimate interests
We may process your information where it is in our legitimate interests do so as an organisation or where it is in the legitimate interest of a third party.
a) We may process your information in the day-to-day running of our business, to manage our business and financial affairs and to protect our customers, employees, and property. It is in our interests to ensure that our processes and systems operate effectively and that we can continue operating as a business. This may include processing your information to:
(i) monitor, maintain, and improve internal business processes, information and data, technology, and communications
solutions and services (for example confirmation of payee);
(ii) ensure business continuity and disaster recovery and respond to information technology and business incidents and
emergencies;
(iii) ensure network and information security, including monitoring authorised users’ access to our information technology
for the purpose of preventing cyber-attacks, unauthorised use of our telecommunications systems and websites,
prevention or detection of crime and protection of your personal data;
(iv) provide assurance on our material risks and reporting to internal management and supervisory authorities
on whether we are managing them effectively;
(v) perform general, financial and regulatory accounting and reporting;
(vi) protect our legal rights and interests;
(vii) manage and monitor our properties (for example through CCTV) for the purpose of crime prevention and prosecution of offenders, for identifying accidents and incidents and emergency situations and for internal training; and
(viii) enable a proposed or actual sale, reorganisation, transfer or other transaction relating to our business;
b) It is in our interest as a business to ensure that we give you the most appropriate products and Services and that we develop and improve as an organisation. This may require processing your information to enable us to:
(i) identify new business opportunities and to develop enquiries and leads into applications or proposals for new business and to develop our relationship with you;
(ii) send you relevant marketing information (including details of other products or services provided by us, other HyperJar group companies or other selected third parties, which we believe may be of interest to you). We may show or send you marketing material online (on our own and other websites including social media platforms), in our App, or by email, SMS or post; HyperJar will not share your information with third parties for their own marketing purposes;
(iii) understand our customers’ actions, preferences, transactions, expectations, feedback and financial history to improve our products and services, develop new products and services, and to improve the relevance of offers of products and services by HyperJar group companies;
(iv) research your experiences with us and to monitor the performance and effectiveness of products and services;
(v) assess the quality of our customer services and to provide staff training. Communications with our App and website customer support may be recorded and monitored for these purposes;
(vi) perform analysis of customer complaints for the purposes of preventing errors and process failures and rectifying
negative impacts on customers;
(vii) compensate customers for loss, inconvenience or distress because of service, process or regulatory failures;
(viii) identify our customers’ use of third-party products and services in order to facilitate the uses of customer information
detailed above;
(ix) combine your information with third-party data, such as economic data in order to understand customers’ needs better and improve our services; and
(x) consider your welfare needs, including any adjustments, support or different products or services which might be
suitable or protections that should be put in place.
c) It is in our interest as a business to manage our risk and to determine what products and services we can offer and the terms of those products and services. It is also in our interest to protect our business and customers and others by preventing financial crime, fraud, and other criminal activities. This may include processing your information to:
(i) carry out financial risk assessments;
(ii) manage and take decisions about your accounts.
(iii) carry out checks (in addition to statutory requirements) on customers and potential customers, confirmation of payee
data business partners and associated persons, including performing adverse media checks, screening against external
databases and sanctions lists and establishing connections to politically exposed persons;
(iv) share data with fraud prevention agencies and law enforcement agencies;
(v) for risk reporting and risk management;
(vi) perform checks, monitoring and investigation to prevent and detect crime including in relation to money laundering,
fraud, terrorist financing, bribery and corruption, trafficking and international sanctions. It may involve screening
against internal fraud databases, investigating and gathering intelligence on suspected financial crimes, fraud and
threats and sharing data between banks and with law enforcement and regulatory bodies;
(vii) responding to and participating in industry improvements and consultations; and
(viii) responding to and investigating complaints both raised directly to us, or raised through a third party such as
a regulatory body.
HyperJar Limited is a company registered in England and Wales (Company number 10130583).
Registered Address: HyperJar, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Data Protection Registration Number: ZA286245.
The HyperJar card is issued by Monavate Ltd., pursuant to license by Mastercard International.
Modulr FS Limited is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011, firm reference number 900573, for the issuance of electronic money and provision of payment services. HyperJar Limited is an agent of Modulr FS Limited, firm reference number 902842.
August 2023
This policy was last updated on: 3rd January 2023
This policy sets out restrictions on using our Services and will apply to you as soon as you access or use our Services. This policy supplements, and should be read in conjunction with, our Terms. Capitalised terms are defined in the Terms
We (HyperJar Limited) are registered in England and Wales under company number 10130583 with our registered office at:
HyperJar, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
We may change this policy from time to time. You should check this page regularly to see the most recent version.
1.1 You must comply with the Terms and with the rules in this policy. You may only use our Services for lawful purposes:
(a) you cannot use our Services:
(i) in any way that breaches any applicable local, national or international law or causes us to breach any applicable law;
(ii) in any way that is fraudulent or misleading;
(iii) to harm or attempt to harm minors in any way;
(iv) for anything that is abusive or does not comply with our content standards;
(v) for any unsolicited or unauthorised advertising or promotional material or any other form of spam;
(vi) to collect or access other users’ content or information without their permission;
(vii) in any way that is likely to result in complaints, disputes, reversals, chargebacks or other liability to you, us, or any third party; or
(viii) in any way that would locally or internationally evade any applicable taxes or facilitate tax evasion;
(b) you can only download the App for your own personal use (not for any business use);
(c) you cannot sell or pass the App to anyone else;
(d) don’t pretend to be someone else or say you’re connected to any person or organisation if you’re not;
(e) don’t assist or encourage any breach of the Terms or the rules in this policy.
1.2 We do not provide our Services to businesses or support transactions that involve:
(a) gambling or betting (including lotteries, prize draws, casino gaming, off-track betting, syndicates and wagers);
(b) dating and escort services;
(c) wire transfers, money orders or travellers cheques;
(d) adult content;
(e) toll and bridge fees;
(f) tobacco, narcotics, steroids, cannabis, smart drugs, certain controlled substances or other products that present a risk to consumer safety;
(g) drug paraphernalia (equipment, product, or material that is modified for making, using, or concealing drugs,) or transactions which involve or relate to pharmaceuticals;
(h) military and semi-military goods and services (including weapons, military software or technologies;
(i) bitcoin or other cryptocurrencies;
(j) support of terrorism, extremism, violence, or insurgency
(k) individuals, entities or countries which are subject to international sanctions;
(l) any other illegal activities.
1.3 We do not provide our Services to non-financial institutions that involve:
(a) currency conversion services;
(b) money remittance services; or
(c) cashing cheques that are made payable to customers.
2.1 The following content standards apply to your use of our Services, including any content you contribute as part of our Services (if applicable):
(a) don’t say content is yours if it belongs to someone else;
(b) any content must be accurate, genuinely held (where you state an opinion), and comply with all applicable laws;
(c) you will not bully, intimidate, or harass any user;
(d) you will not act in a manner, use the App in any way, or post any content, that is hateful, threatening, defamatory, pornographic, obscene, or discriminatory; promotes violence; contains graphic or gratuitous violence; or is otherwise offensive or objectionable’).
3.1 You will be in breach of your Terms with us if you undertake any of the activities set out in this policy. We will determine in our sole discretion if you have breached this policy. We may take any action that we believe is appropriate, including any of the actions set out in the Terms.
Click here to view our full Privacy Policy
This notice was last updated on: 3rd January 2023
Our Privacy Policy explains about the information we collect, how we use it, where we store it and how it is protected. Click here to read our full Privacy Policy.
We asked your parent to explain to you how we look after and use your information. We created this simple summary of our Privacy Policy to help with that, and to help you understand. When we talk about “your parent” we mean your parent or guardian that opened the sub-account for you.
How can I get more information?
If you have any questions your parent can send us an email. Or you can ask us by using the in-app chat in the HyperJar App (App) if you are 13 (or older) and your parent has allowed you to use this. Your parent will be able to see the content of all in-App chats we have with you.
Please do not send us an email yourself as we cannot speak to you using email (we can only email your parent).
What Information do we need?
When your parent opens a child sub-account for you, they provide us with your full name and date of birth and they give us permission to use your information in the way that we say we will in our Privacy Policy.
If they have allowed you to use the App to access your sub-account, you will provide us with the username you want us to use to identify you (e.g. Suzy Y).
Information you may choose to give us
If your parent has allowed you to use the App, you are 13 or older and your parent has allowed this, you may give us access to your friends lists to identify contacts that are HyperJar users, or to send your friends a gift or a referral link.
You must have the agreement of your friends before you give us access to contact them.
Cookies
When you visit our website, we store a cookie on your computer. A cookie is a small piece of information to help know what you have done on the website. It tells us if you have seen our website before.
Why do we need your information?
This helps us to:
If your parent has allowed you to use the App to access your sub-account, it also helps us to:
We also keep information each time:
Third-Party Links
If you click on a link on the App or our website to a third-party site, e.g. by clicking on a link to a HyperJar merchant’s site, it may allow them to collect or share data about you. You should only click on those links if your parent has allowed you to (and checked the third party’s privacy policy) before you submit your information to them.
What communications will we send you?
If your parent has allowed you to use the App, we will send you:
Your parent will have full visibility of all activity on your sub-account
Your parent will be able to see all activity and use of your sub-account and HyperJar card, including any notifications that we send to your App (if you are allowed to use it) and the content of all in-App chats we have with you (if you’re allowed to use that App feature).
For example, if you use your HyperJar card to buy a new bike on a Wednesday afternoon at 3p.m your parent will know this, as we will give them details of your purchase as part of our service to them.
Who do we share your information with?
We will share your information with other people to help us run and improve HyperJar.
We may also share your information with other HyperJar users if your parent allows this, for example if you want to transfer funds from one of your storage jars to another HyperJar user or if you want to share one of your jars with them.
If you (or someone else) break important rules we may need to send information to someone like the police to keep you or our services and other users safe.
Keeping your information safe
We use secure servers to store your information and we teach our staff about keeping it safe.
If we share your information with other people to help us run HyperJar we make sure they comply with our rules.
Make sure you keep your HyperJar card, card number, CVV and PIN and the passcode to your sub-account and device safe at all times. Don’t share these with anyone else!
Your rights
You can ask us:
Your parent may need to confirm these requests.
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