KittyCard Ltd - Privacy Policy

‍Last updated: 9th December 2024‍

KITTYCARD LIMITED PRIVACY POLICY

Consent to Installation of the App

Under data protection laws, we are required to provide you with specific information about who we are, how we process your personal data, the purposes for which we process it, and your rights concerning your data. This information is provided in our Privacy Policy https://www.kittycard.com/privacy-policy , and it is essential that you review this document thoroughly.

Before installing this App, please indicate your consent to our processing of your personal data, which may include your name, contact details, financial information, device information, and other data as outlined in our policy https://www.kittycard.com/pdf/privacy-policy .

  • YES, I consent to the installation of the App for the purpose of collective group fund management and related services.
  • NO, I do not consent to the installation of the App.

How to Withdraw Consent

If you consent to the installation by selecting "YES," you may later withdraw consent at any time by contacting us at support@kittycard.com. Withdrawing your consent will not affect the legality of any data processing conducted prior to your withdrawal.

Consent to Process Location Data

  • YES, I consent to the processing of my Location Data (including details of my current location disclosed by GPS or similar technology) to activate location-enabled services, enhancing the efficiency and accuracy of the services provided through the App.
  • NO, I do not consent to the processing of my Location Data, and I acknowledge that location-enabled services will remain disabled in my settings.

Kittycard Ltd is committed to protecting your personal data and respecting your privacy in compliance with UK and international data protection standards.

Introduction

This Privacy Policy applies to your use of:

  • Any services accessible through the App (Services) that are available on the App Site or any of our other sites (Service Sites), unless otherwise specified by a separate privacy policy specific to a given service.

This policy outlines the basis on which we process any personal data collected from you or provided by you. The App is intended solely for adult users, and we do not knowingly collect data from children.

In partnership with Transact Payments Ltd (TPL), a Gibraltar-based entity, some data processing may involve the transfer of personal data to or from Gibraltar, in compliance with Gibraltar and UK data protection laws, as well as applicable international standards.

Please read the following information carefully to understand how we handle your personal data and the measures we have in place to protect your privacy.

You can find below the content of this Privacy Policy. Alternatively, you can download a PDF version of the policy here: https://www.kittycard.com/pdf/privacy-policy .

  1. Important Information and Who We Are

Kittycard Ltd is the data controller responsible for your personal data (referred to in this policy as “Company,” “we,” “us,” or “our”) which you provide which is related to facilitating the management of the card program. As the data controller, we are accountable for ensuring that your personal data is processed in line with applicable laws and that your privacy is protected. Transact Payments Ltd (TPL), is the issuer of your card and is an independent data controller for the personal data which you provide to enable TPL to issue and maintain the card services. TPL is an e-money institution, authorised and regulated by the Gibraltar Financial Services Commission. TPL’s registered office address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA and its registered company number is 108217.

  1. Data Protection Officer (DPO)

We have appointed a Data Protection Officer (DPO) to oversee our privacy practices. If you have any questions about this privacy policy or wish to exercise your data protection rights, please contact our DPO:

  • Full name of legal entity: Lawdit Solicitors
  • Name or title of DPO: Michael James Coyle, Solicitor-Advocate
  • Email address: michael.coyle@lawdit.co.uk
  • Postal address: Lawdit Solicitors, 4 Brunswick Place, Southampton, SO15 2AN
  • Telephone number: +44 23 80 235979

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues, if you believe your data protection rights have been violated.

  1. Data Protection and Compliance with Information Commissioner’s Office (ICO)

Kittycard Ltd is committed to protecting your personal data and ensuring compliance with data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our practices are regularly reviewed to maintain high standards of data security and privacy.

We are registered with the ICO under registration number C1552126. This registration confirms our adherence to UK data protection regulations and assures you that we handle personal data responsibly and lawfully.

  1. Data Transfers and International Compliance

As part of our partnership with Transact Payments Ltd (TPL), a Gibraltar-based entity, some data processing activities may involve the transfer of personal data to or from Gibraltar. These transfers are conducted in compliance with Gibraltar’s data protection laws, the UK GDPR, and applicable international standards to ensure your data remains protected across borders.

  1. Changes to the Privacy Policy and Your Duty to Inform Us of Changes

We regularly review and update this Privacy Policy. The current version was last updated on 9th December 2024. Any changes will be posted on this page, and significant updates may be notified to you directly within the App or via email. You may be prompted to read and accept updates to continue using the App and Services.

To ensure we maintain accurate records, please inform us of any changes to your personal data during your relationship with us. Keeping your data up-to-date helps us deliver a secure and consistent experience.

Third-Party Links

Our App and Sites may occasionally contain links to websites operated by our partners, advertisers, affiliates, and other third-party networks. Please be aware that these websites and any related services accessible through them have their own privacy policies. Kittycard Ltd does not assume responsibility or liability for these third-party privacy policies or the handling of any personal data collected by these websites, including but not limited to Contact and Location Data.

We encourage you to review the privacy policies of any third-party websites before submitting personal data or using their services to ensure you understand their data protection practices.

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  1. The Data We Collect About You

We collect, use, store, and transfer various types of personal data to deliver and improve our services. The categories of personal data we may collect include:

  • Identity Data: Details such as your name, username, or similar identifiers.
  • Contact Data: Contact information, including your email address and telephone numbers.
  • Financial Data: Bank account and payment card details.
  • Transaction Data: Details of payments and transactions related to your use of the App.
  • Device Data: Information about the device you use to access our App, including IP address, device type, and operating system.
  • Content Data: Information stored in or shared through the App, including chat logs and communications.
  • Profile Data: Details about your preferences, feedback, and survey responses.
  • Usage Data: Information about how you interact with our App, including feature usage and activity history.
  • Marketing and Communications Data: Preferences for receiving marketing from us and your communication preferences.
  • Location Data: Data about your geographic location as permitted by your device settings and necessary to deliver location-enabled services.

For more detailed descriptions of these data categories, please refer to Chapter 18 below.

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  1. Aggregated Data

We may also collect, use, and share Aggregated Data, such as statistical or demographic information, for analytical purposes. Aggregated Data may be derived from your personal data but does not directly or indirectly identify you. For instance, we may aggregate Usage Data to understand the percentage of users accessing a specific feature within the App.

Note: If we combine Aggregated Data with your personal data in a way that enables your identification, we treat this combined data as personal data and process it according to this Privacy Policy.

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  1. Special Categories of Personal Data

We do not collect any Special Categories of Personal Data about you. This includes sensitive information such as your race, ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, health information, genetic data, biometric data, or information about criminal convictions and offenses.

How is Your Personal Data Collected?

We collect and process personal data about you in various ways:

  1. Information You Provide Directly
    This includes Identity, Contact, Financial, and Marketing and Communications Data you provide by filling out forms on our App Site or Service Sites, or by corresponding with us (e.g., by email or in-app chat). Examples include:
  • Registering to use the App Site, downloading, or registering an App
  • Subscribing to our Services, participating in promotions or surveys, or other app-related activities
  • Reporting issues with the App, our Services, or any of Our Sites

We maintain records of any correspondence to ensure service quality and support.

  1. Information Collected Automatically
    Each time you visit Our Sites or use our App, we may automatically collect Device, Content, and Usage Data using cookies and similar tracking technologies. For more details, please refer to our Cookie Policy https://www.kittycard.com/cookie-policy.
  • Location Data: With your permission, we may use GPS or similar technology to determine your location to support location-enabled Services. Consent will be requested before using this feature, and you may withdraw it at any time by disabling Location Data in your device settings.
  1. Information from Third Parties and Public Sources
    We may receive personal data about you from various third parties and public sources:
  • Device Data: From analytics providers like Google (located outside the UK), advertising networks, and search information providers.
  • Contact, Financial, and Transaction Data: From providers of technical, payment, and delivery services within and outside the UK.
  • Identity and Contact Data: From data brokers, aggregators, or publicly available sources, both within and outside the UK.

Cookies

We use cookies and similar tracking technologies to distinguish you from other users and remember your preferences. This helps us enhance your experience on the App, App Site, and Service Sites. For more information on the types of cookies we use and how to manage your preferences, please refer to our Cookie Policy https://www.kittycard.com/cookie-policy.

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How We Use Your Personal Data

We will only use your personal data in compliance with the law. Common reasons include:

  • When you have provided consent.
  • To perform a contract we are about to enter or have entered with you.
  • When necessary for our legitimate interests (or those of a third party), provided these interests are not overridden by your rights.
  • To comply with legal or regulatory obligations.

Refer to Glossary: Lawful Basis for further details on our legal grounds for processing personal data.

Direct Marketing Communications: We will only send you marketing communications by email or text if we have your explicit consent. You can withdraw your consent anytime by contacting us at support@kittycard.com.

Third-Party Marketing: We will obtain your express opt-in consent before sharing your data with any third party for marketing purposes.

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Purposes for Using Your Personal Data

Purpose/Activity

Type of Data

Lawful Basis for Processing

To install the App and register you as a new user

Identity, Contact, Financial, Device

Your consent

To process in-App purchases and deliver Services (including managing payments and collections)

Identity, Contact, Financial, Transaction, Device, Marketing and Communications, Location

Consent, Performance of a contract with you, Necessary for our legitimate interests (to recover debts)

To manage our relationship with you, including notifications of App or Service updates

Identity, Contact, Financial, Profile, Marketing and Communications

Consent, Performance of a contract, Necessary for our legitimate interests (to maintain records and analyse usage), Legal compliance (updating terms)

To facilitate prize draws, competitions, or surveys

Identity, Contact, Device, Profile, Marketing and Communications

Consent, Performance of a contract, Necessary for our legitimate interests (to analyse usage and grow our business)

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

Identity, Contact, Device

Necessary for our legitimate interests (business operations, IT administration, and network security)

To deliver personalised content and advertisements, make recommendations, measure ad effectiveness, and monitor trends

Identity, Contact, Device, Content, Profile, Usage, Marketing and Communications, Location

Consent, Necessary for our legitimate interests (to develop products/services and grow our business)

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Disclosures of Your Personal Data

We may need to share your personal data with selected third parties to facilitate our services. These parties include:

  1. Service Providers: Including analytics and advertising providers, technical support, payment processors, and data storage providers.
  1. Transact Payments Ltd (TPL): Our payment processing partner based in Gibraltar, for activities involving fund transfers and compliance with financial regulations.
  1. Regulatory Bodies: In compliance with legal requirements, we may share data with entities such as the Information Commissioner’s Office (ICO) in the UK or equivalent bodies for international transfers.

All third-party data sharing complies with data protection laws, and for transfers outside the UK, appropriate safeguards are implemented.

  1. Data Sharing with Third Parties

When you consent to provide us with your personal data, we may also ask for your consent to share this data with third parties, such as potential buyers or merger partners, if we decide to sell, transfer, or merge parts of our business or assets. In such events, your personal data may be transferred to the new owners, who will use it as described in this privacy policy. Similarly, if we acquire or merge with other businesses, we will ensure that your personal data continues to be processed in accordance with this policy.

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  1. International Data Transfers

When transferring data internationally, we rely on robust safeguards in accordance with the UK General Data Protection Regulation (UK GDPR), ensuring your data remains protected wherever it is processed. These safeguards include:

  • Adequacy Decisions: For transfers to countries deemed to have equivalent data protection laws by the UK government (such as EU countries, Gibraltar, and others under adequacy agreements), data transfers proceed without additional authorisation. This allows us to operate globally while upholding UK-level data protection standards.
  • International Data Transfer Agreement (IDTA): For transfers to countries not covered by adequacy decisions, we use the UK’s International Data Transfer Agreement or the Addendum to the EU's Standard Contractual Clauses (SCCs). These legally binding agreements require the recipient country to adhere to privacy standards comparable to those in the UK, ensuring the continued protection of your personal data.
  1. Transfer of Data Outside the UK

To deliver our services efficiently, we may transfer your personal data to countries outside the United Kingdom (UK), including the European Union (EU) and Gibraltar. When doing so, we comply with UK data protection laws, specifically the UK General Data Protection Regulation (UK GDPR), to ensure that your data remains protected.

We only transfer your data to countries or organisations that provide an adequate level of protection or have appropriate safeguards in place, such as:

  • Adequacy Decisions: The EU and Gibraltar are recognised under the UK’s adequacy regulations, meaning they are considered to have data protection laws equivalent to those in the UK. This allows us to transfer your data to the EU and Gibraltar without additional authorisation.
  • Standard Contractual Clauses (SCCs): For transfers to countries not covered by adequacy decisions, we implement SCCs, which are legally binding contracts that ensure your data is safeguarded to UK standards.
  1. Your Rights Regarding International Transfers

You have the right to be informed about where your data is transferred and the measures we take to protect it. If you have questions about the security of your data during transfers to the EU or Gibraltar, or if you have any concerns, please contact our Data Protection Officer (DPO) at the contact details below.

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  1. Data Security

We are committed to protecting your personal data. The information you provide is stored on secure servers, and any payment transactions are encrypted using Secure Sockets Layer (SSL) technology.

To enhance security, we apply the following measures:

  • Password Protection: If you are provided with or choose a password to access certain areas of Our Sites, it is your responsibility to keep this password confidential. We advise you not to share it with anyone.
  • Data Encryption and Access Control: We use strict security protocols, including data encryption in transit and at rest, firewalls, and secure access controls. Only authorised personnel with confidentiality obligations can access your personal data.
  • System Monitoring and Testing: We regularly monitor our systems for vulnerabilities and conduct penetration testing to strengthen our security infrastructure against potential threats.

In addition, we may collect and store data on your device using technology such as application data caches and browser web storage (including HTML5).

Social and Community Features: Certain Services may include social networking, chat rooms, or forums. Please avoid submitting any personal data in these areas if you do not want it to be seen, collected, or used by other users.

Breach Response: We have a breach response procedure to handle suspected personal data breaches. If legally required, we will notify you and relevant regulatory authorities promptly in the event of a data breach.

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  1. Data Retention

By law, we retain essential information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers, primarily for tax and legal compliance.

In some cases, you may request the deletion of your personal data. For more details, please refer to Your Legal Rights below.

In specific scenarios, we may anonymise your data for research or statistical purposes. Once anonymised, this data is no longer associated with you, and we may use it indefinitely without further notice.

Account Inactivity: If your account remains inactive (i.e., you do not use the App) for a period of 3 years, we will consider the account expired, and your personal data may be deleted in accordance with our data retention policy.

  1. Your Legal Rights

Under data protection laws, you have specific rights regarding your personal data. Below is an overview of these rights, with links to more detailed explanations:

  • Request Access to your personal data, also known as a "data subject access request." This enables you to receive a copy of the personal data we hold about you and verify that it is lawfully processed.
  • Request Correction of the personal data we hold about you to ensure accuracy.
  • Request Erasure of your personal data when there is no valid reason for us to continue processing it. You can also request deletion if you have objected to processing (see below) or if we have processed your information unlawfully. Certain legal obligations may prevent us from fulfilling all erasure requests, and we will inform you of these at the time.
  • Object to Processing of your personal data when processing relies on a legitimate interest that you believe conflicts with your fundamental rights. You may also object to processing for direct marketing. In some cases, we may demonstrate overriding legitimate grounds to continue processing.
  • Request Restriction of processing of your personal data. This enables you to ask us to suspend processing in the following cases:
  • You want us to confirm the data’s accuracy.
  • The data is used unlawfully, but you don’t want it erased.
  • You need us to retain data to establish, exercise, or defend legal claims.
  • You have objected to our use of your data, and we need to verify if overriding legitimate grounds apply.
  • Request Transfer of your personal data to you or a third party in a structured, commonly used, machine-readable format. This applies only to automated data initially collected with your consent or in the performance of a contract.
  • Withdraw Consent at any time, without affecting the lawfulness of any processing conducted prior to withdrawal. Note that withdrawal may limit our ability to provide certain products or services, and we will inform you if this applies.

You may exercise any of these rights at any time by contacting us through kittycard.com.

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  1. Glossary

Lawful Basis

  • Consent: Processing your data with clear, informed, and specific agreement for a particular purpose. You may withdraw consent at any time.
  • Legitimate Interest: Processing based on the business's interests in managing operations, improving products/services, and ensuring a secure experience. We balance these interests against potential impacts on you.
  • Performance of Contract: Processing necessary to fulfill a contract you are party to, or to take steps prior to entering such a contract.
  • Compliance with Legal Obligations: Processing necessary to meet regulatory or legal obligations.
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  1. Third Parties

We may share your data with certain third parties:

  • Service Providers: Based in Gibraltar, providing IT and system administration services.
  • Professional Advisers: Including legal, banking, insurance, and accounting providers, based in the UK, who may act as processors or joint controllers.
  • Regulatory Authorities: Such as HM Revenue and Customs, based in the UK, requiring processing activity reports in specific circumstances.
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  1. Description of Categories of Personal Data
  • Identity Data: First name, last name, username, marital status, title, date of birth, gender.
  • Contact Data: Billing address, delivery address, email address, phone numbers.
  • Financial Data: Bank account and payment card information.
  • Transaction Data: Details of payments and in-App purchases.
  • Device Data: Includes device type, unique identifiers (e.g., IMEI number, MAC address), network information, operating system, mobile browser type, and time zone.
  • Content Data: Data stored on your device, such as friends' lists and login credentials.
  • Profile Data: Username, password, purchase history, interests, preferences, feedback, survey responses.
  • Usage Data: Information on App usage, site visits, traffic data, and accessed resources.
  • Marketing and Communications Data: Preferences for marketing and communications with us and third parties.
  • Location Data: Your current location, determined through GPS or other technology.

 

TPL Privacy Policy

This policy explains when and why we collect personal information about you, how we use it, the conditions under which we may disclose it to others and how we keep it secure.

TPL is committed to safeguarding the privacy of your information. By “your data”, "your personal data”, and “your information” we mean any personal data about you which you or third parties provide to us.

We may change this Policy from time to time so please check this page regularly to ensure that you’re happy with any changes.

Who are we?

Transact Payments Limited (“TPL”, “we”, “our” or “us”) is the issuer of your card and is an independent Data Controller for the personal data which you provide to us to enable us to issue and maintain the card services. TPL is an e-money institution, authorised and regulated by the Gibraltar Financial Services Commission. Our registered office address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA and our registered company number is 108217.

Kittycard Ltd is the Program Manager for your card program and is an independent Data Controller for any personal data which you provide which is related to facilitating the management of the card program. Kittycard Ltd is incorporated and registered in England and Wales with company number 14905528 whose registered office is at 1 & 2 Studley Court Mews Studley Court, Guildford Road, Chobham, Surrey, United Kingdom, GU24 8EB.

How do we collect your personal data?

We collect information from you when you apply online or via a mobile application for a payments card which is issued by us. We also collect information when you use your card to make transactions. We may also process information from Program Manager, other third-party payment partners and service providers. We also obtain information from third parties (such as fraud prevention agencies) who may check your personal data against any information listed on an Electoral Register and/or other databases. When we process your personal data we rely on legal bases in accordance with data protection law and this privacy policy. For more information see: On what legal basis do we process your personal data?

On what legal basis do we process your personal data?

Contract

Your provision of your personal data and our processing of that data is necessary for each of us to carry out our obligations under the contract (known as the Cardholder Agreement or Cardholder Terms & Conditions or similar) which we enter into when you sign up for our payment services. At times, the processing may be necessary so that we can take certain steps, or at your request, prior to entering into that contract, such as verifying your details or eligibility for the payment services. If you fail to provide the personal data which we request, we cannot enter into a contract to provide payment services to you or will take steps to terminate any contract which we have entered into with you.

Legal/Regulatory  

We may also process your personal data to comply with our legal or regulatory obligations.

Legitimate Interests  

We, or a third party, may have a legitimate interest to process your personal data, for example:

  • To analyse and improve the security of our business;
  • To anonymise personal data and subsequently use anonymized information.

 

What type of personal data is collected from you?

When you apply for a card, we, or our partners or service providers, collect the following information from you: full name, physical address, email address, mobile phone number, phone number, date of birth, gender, login details, IP address, identity and address verification documents.

When you use your card to make transactions, we store that transactional and financial information. This includes the date, amount, currency, card number, card name, account balances and name of the merchant, creditor or supplier (for example a supermarket or retailer). We also collect information relating to the payments which are made to/from your account. If we are required by law to process additional personal data (for example, if we suspect that there may be fraud related to the use of your card or the payment services linked to it), we will also process that extra personal data.

 

How is your personal data used?

We use your personal data to:  

- set up your account, including processing your application for a card, creating your account, verifying your identity and printing your card.

- maintain and administer your account, including processing your financial payments, processing the correspondence between us, monitoring your account for fraud and providing a secure internet environment for the transmission of our services.

- comply with our regulatory requirements, including anti-money laundering obligations.

- improve our services, including creating anonymous data from your personal data for analytical use, including for the purposes of training, testing and system development.

 

Who do we share your information with?

When we use third party service partners, we have a contract in place that requires them to keep your information secure and confidential.

We may receive and pass your information to the following categories of entity:  

  • identity verification agencies to undertake required verification, regulatory and fraud prevention checks;
  • information security services organisations, web application hosting providers, mail support providers, network backup service providers and software/platform developers;
  • document destruction providers;
  • Mastercard, Visa, digital payment service partners or any third party providers  involved in processing the financial transactions that you make;
  • anyone to whom we lawfully transfer or may transfer our rights and duties under this agreement;
  • any third party as a result of any restructure, sale or acquisition of TPL or any associated entity, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us.
  • regulatory and law enforcement authorities, whether they are outside or inside of the United Kingdom (UK) or European Economic Area (EEA), where the law requires us to do so.

  Sending personal data overseas   To deliver services to you, it is sometimes necessary for us to share your personal information outside the UK/Gibraltar e.g.:  

  • with service providers located outside these areas;
  • if you are based outside these areas;
  • where there is an international dimension to the services we are providing to you.

These transfers are subject to special rules under Gibraltar data protection law. These countries do not have the same data protection laws as Gibraltar. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. We will send your data to countries where the Gibraltar Government has made a ruling of adequacy, meaning that they have ruled that the legislative framework in the country provides an adequate level of data protection for your personal information. You can find out more about adequacy regulations here and here.  Where we send your data to a country where no adequacy decision has been made, our standard practice is to use standard data protection contract clauses that have been approved by the United Kingdom government and/or the European Commission. You can obtain a copy of the European Commission’s document here and the UK’s document here.   If you would like further information, please contact our Data Protection Officer on the details below.  

How long do we store your personal data?

We will store your information for a period of five years after our business relationship ends in order that we can comply with our obligations under applicable legislation such as anti-money laundering and anti-fraud regulations. If any applicable legislation or changes to this require us to retain your data for a longer or shorter period of time, we shall retain it for that period. We will not retain your data for longer than is necessary.

 

Your rights regarding your personal data?

You have certain rights regarding the personal data which we process:  

  • You may request a copy of some or all of it.
  • You may ask us to rectify any data which we hold which you believe to be inaccurate.
  • You may ask us to erase your personal data (where applicable).
  • You may ask us to restrict the processing of your personal data.
  • You may object to the processing of your personal data (where applicable).
  • You may ask for the right to data portability.
  • If you would like us to carry out any of the above, please email your request to the Data Protection Officer at dpo@transactpay.com.  

 

How is your information protected?

We recognise the importance of protecting and managing your personal data. Any personal data we process will be treated with appropriate care and security.  

These are some of the security measures we have in place:

  • We use a variety of physical and technical measures to keep your personal data safe.  
  • We have detailed information and security policies to ensure the confidentiality, integrity, and availability of information.
  • Your data is stored securely on computer systems with control over access on a limited basis.   
  • Our staff receives data protection and information security training on a regular basis.
  • We use encryption to protect data at rest and anonymization where applicable.  
  • We have adequate security controls to protect our IT infrastructure and staff computers including but not limited to Identity and Access Management, Firewalls, VPN, Antivirus, Advanced Email Threat Protection and more.  
  • We conduct regular audits such as PCI-DSS to ensure we are following adequate security controls to protect your data.

While we take all reasonable steps to ensure that your personal data will be kept secure from unauthorised access, we cannot guarantee it will be secure during transmission by you to the applicable mobile app, website or other services over the internet. However, once we receive your information, we make appropriate efforts to ensure its security on our systems.     Complaints We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your personal information.  The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Gibraltar is the Gibraltar Regulatory Authority. Their contact details are as follows: Gibraltar Regulatory Authority,  2nd floor, Eurotowers 4, 1 Europort Road, Gibraltar. (+350) 20074636/(+350) 20072166   info@gra.gi   Other websites Our website may contain links to other websites. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.   Changes to our Privacy Policy We keep our Privacy Policy under review and we regularly update it to keep up with business demands and privacy regulation. We will inform you about any such changes. This Privacy Policy was last updated on 9th December 2024.   How to contact us If you have any questions about our Privacy Policy or the personal information which we hold about you or, please send an email to our Data Protection Officer at dpo@transactpay.com.

This Cookie Policy explains how Kittycard Ltd (“we,” “us,” or “our”) uses cookies and similar tracking technologies when you visit our website, use our mobile application, or interact with our services (collectively, “Our Sites”). This policy includes information on what cookies are, the types we use, why we use them, and how you can control your preferences. Additionally, Transact Payments Ltd (TPL), our payments processing partner based in Gibraltar, may also use cookies when providing services through the Kittycard platform.

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1. What Are Cookies?

Cookies are small data files that are downloaded to your device (such as your computer or smartphone) when you visit a website or use an application. They are widely used by websites and online services to enhance functionality, remember preferences, and analyse user behaviour.

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2. Why We Use Cookies

We use cookies and similar technologies to enhance your experience, understand how you interact with our services, and improve security and usability. We also work with TPL and other partners who may set their own cookies for similar purposes.

Specifically, we use cookies to:

  • Ensure Our Sites function correctly and deliver services as intended.
  • Remember your preferences to improve your experience during future visits.
  • Analyse site traffic and performance to enhance our offerings.
  • Provide relevant advertisements in line with your interests.
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3. Types of Cookies We Use

Our Sites may use both first-party cookies (set by Kittycard Ltd) and third-party cookies (set by TPL and other service providers) for various purposes. These include:

  • Strictly Necessary Cookies: Essential for the functionality of Our Sites, including payment services provided by TPL. These cookies do not collect information for marketing purposes.
  • Performance and Analytics Cookies: Gather information on how visitors use Our Sites, such as which pages are most visited and any error messages encountered. This data helps us and TPL improve site performance and functionality.
  • Functionality Cookies: Remember your preferences and enable enhanced features, such as language settings.
  • Targeting and Advertising Cookies: Track browsing habits to deliver ads relevant to you. These may include cookies set by TPL to ensure accurate processing and communication for payment services.
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4. Third-Party Cookies and TPL Our Sites may include cookies from TPL, our payment processing partner, as well as other third-party analytics providers and advertising networks. For example:

  • Transact Payments Ltd (TPL): To enable and support payment transactions, TPL may use cookies that comply with both Gibraltar and UK data protection standards.
  • Google Analytics: For usage insights and service optimisation.

These third-party cookies are governed by the privacy policies of each provider. We encourage you to review the privacy policies of these third parties for detailed information.

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5. Managing Your Cookie Preferences You have the right to manage your cookie preferences. You can modify your browser settings to accept or refuse cookies or delete existing cookies. Disabling certain cookies may impact the functionality of Our Sites, including payment services provided by TPL. Browser-specific cookie management guides:

  • Google Chrome: Manage cookies in Chrome

For opting out of targeted ads, visit the Network Advertising Initiative (NAI) or Digital Advertising Alliance (DAA) opt-out pages.

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6. Changes to This Cookie Policy We may periodically update this Cookie Policy to reflect changes in our practices or legal requirements. Updates will be posted on this page, with the latest revision date at the top.

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7. Contact Us

If you have questions about our Cookie Policy, TPL’s cookie use, or your data privacy, please contact us:

Kittycard Ltd
Email: support@kittycard.com
Address: 1 & 2 Studley Court Mews, Guildford Road, Chobham, Surrey, GU24 8EB, United Kingdom

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This version clarifies TPL’s role and cookie usage, ensuring users understand any cookies associated with payment processing and third-party services. Let me know if you need further customisation!

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‍Last updated: 17h February 2025‍

Please review these terms and conditions carefully before using KittyCard

 

KittyCard Services & the Card and Wallet Terms and Conditions

About the terms and conditions

This document contains two sets of terms and conditions, comprising two Sections:

  • Section 1: KittyCard terms and conditions governing the services – the terms and conditions governing the provision of services which are between you and KittyCard Ltd; and
  • Section 2: Transact Payments Limited terms and conditions governing the Card and the Wallet – the terms and conditions governing the provision of the account which are between you and Transact Payments Limited.

Section 1

PLEASE READ THESE APP TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

OR

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.  

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

Who we are and what this agreement does

We KITTYCARD LTD of 1 & 2 Studley Court Mews Studley Court, Guildford Road, Chobham, Surrey, United Kingdom, GU24 8EB permit you to use:

  • The KittyCard mobile application software, including any data supplied with the software (the "App"), and any updates or supplements to it.
  • Related online or electronic documentation (the "Documentation"), which includes user manuals, guides, FAQs, technical specifications, and any other resources that help you understand and use the App.
  • The service you connect to via the App and the content we provide through it (the "Service"). KittyCard Ltd works with third-party service providers to facilitate the operation of payment services and wallet functionalities offered through the App. These third party providers are responsible for providing electronic money services and managing wallet platforms that allow users to store, transfer, and spend funds within the App under its regulatory authority.  

Your Privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.kittycard.com/privacy-policy and it is important that you read that information.

Other terms that may apply to you

The following documents also form part of these terms:  

App Store or Platform Terms Also Apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the app store or platform where you obtained the App (e.g., Google Play Store, Apple App Store, etc.). The relevant store’s or platform’s rules and policies will apply in addition to these terms, and in cases where there are differences between the two, the store’s or platform’s rules and policies will take precedence.

Operating system requirements

For optimal performance, ensure that your device meets the minimum hardware specifications and is updated to the latest version of the operating system. Compatibility with some devices may vary depending on hardware configurations such as screen size and processor speed.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at kittycard.com  

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at kittycard.com or call them on +44 20 4572 4277.  

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • You may download or stream unlimited copies of the App onto any number of mobile phones or handheld devices and view, use, and display the App and the Service on those devices for your personal purposes only. There are no restrictions on the number of devices on which the App may be installed, provided it is for personal use.
  • use any Documentation to support your permitted use of the App and the Service, and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and use the App

You must be 18 or over to accept these terms and use the App.  

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.  

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service [and you may apply to the Appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation].  

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.  

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.  

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.  

App restrictions

You agree that you will:

  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  • You accept full responsibility for any unauthorised use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.
  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by KITTYCARD, or previously been banned from using KITTYCARD’s app.
  • You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.

Acceptable use restrictions

You must:  

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not permitted by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are permitted to be used (not licensed or sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way 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.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Dispute Resolution: In the event of any disputes related to the payment services, wallet functionalities, or transactions within the App, users agree to first attempt resolution through the KittyCard Ltd customer service team. Thereafter users may also refer unresolved disputes to alternative dispute resolution (ADR) as follows:

  1. Disputes involving payment processing, contribution refunds, or transaction errors will be reviewed by our team under the regulatory framework governing electronic money institutions.
  1. Disputes related to technical issues within the App or the Wallet Platform can be addressed by contacting our support via the platform.
  1. If disputes cannot be resolved through these channels, you may submit a complaint to an independent ADR entity or bring legal proceedings in the appropriate jurisdiction.

The parties agree to the jurisdiction of the English courts unless otherwise stipulated by the laws of the user's location. ADR procedures will follow a designated third-party ADR provider with details to be supplied upon request.


Section 2

KittyCard Wallet and KittyCard Debit Mastercard Terms and Conditions

Version: 1.0  

Last updated on 13th February 2025

IMPORTANT INFORMATION: Please read this Agreement carefully before requesting a Wallet and a Card. This Agreement becomes effective and binding on you when you click to accept it when you apply for a Wallet and a Card. This Agreement will continue until either you or we end it, in accordance with the terms set out below.

This Agreement includes the Fee & Limits Schedule at the end of this document and constitutes a binding agreement between you and Transact Payments Limited.  

  1. Definitions & Interpretation:

Account Information Service Provider

a third-party payment service provider which is authorised by a financial regulator to provide online account information services and which, if you allow it, will be able to access certain online account information in the Wallet, such as the payments you make and receive;

App

the mobile application provided by KittyCard that allows you to access the Wallet and take actions, such as making payments, viewing your Transaction history, blocking the Card and raising queries with Customer Services;

Applicable Law

any  law (including but not limited to, any local law of the jurisdictions into which the Wallet and/or Card are provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation published by any Regulatory Authority, any order issued by a court which has jurisdiction over you, us or Payload, KittyCard or any  rule or requirement set by Mastercard related to the Card or Wallet and/or any of  the services to be provided under this  Agreement or such other rule that we consider to be valid  and as amended from time to time;

Available Balance

the value of unspent funds loaded onto the Wallet and available for you to use;

Business Day

Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar;

Card

the Virtual Card which we issue to you in accordance with this Agreement There is no physical card. When we make reference to a Card in this Agreement we mean a Virtual Card;

Card Transaction

using the Card to make (i) a payment, or a purchase of goods or services from a Retailer where you pay (in full or in part) with the Card, including where you pay over the internet, by phone or mail order or (ii) a cash withdrawal from an ATM or bank using the Card;

CHAPS

the Clearing House Automated Payment System, a service which allows organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times;

Customer Services

the contact center for dealing with queries about the Wallet and Card.  You can contact Customer Services by:

  1. calling +44 20 4572 4277 (your network provider may charge a fee for calling this number); or
  1. e-mailing support@kittycard.com from the email address registered to the App.

Direct Debit

a payment collected via the UK Direct Debit scheme from or to your Wallet;

Expiry Date

the expiry date which can be found in the ‘Card’ section of the App;

Faster Payments

a service which allows you to make and receive electronic payments in the UK. The payment is received by the recipient organisation or bank within 2 hours, as long as the receiving organisation or bank is part of the Faster Payments Scheme;

Fee

any fee payable by you as referenced in the Fees & Limits Schedule.

Fee & Limits Schedule

the schedule contained in this Agreement;

KittyCard

Kittycard Ltd incorporated and registered in England and Wales with company number 14905528 whose registered office is at 1 & 2 Studley Court Mews Studley Court, Guildford Road, Chobham, Surrey, United Kingdom, GU24 8EB;

KYC

means “Know Your Customer” and refers to the ways in which we are required to check your Personal Details and identity;

Mastercard

Mastercard Europe sprl, the payment network applicable to the Card;

Payment Initiation Services Provider

a third-party payment service provider which is authorised by a financial regulator to provide an online service to make a payment from your Wallet at your request;

Personal Details/ Personal Data

the registered personal identity details that are collected from you relating to your use of the Wallet, Card and App including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy;

Program

the marketing, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Card and Wallet and any other payment services established in accordance with this Agreement;

Program Manager, Payload

Payload Limited, incorporated and registered in England and Wales with company number 14606631 and registered office at Epworth House 25, City Road, London EC1Y 1AA;

Regulatory Authority

Mastercard and/or any regulator or agency (for example, the Gibraltar Financial Services Commission, which is the body which grants our e-money licence and supervises our actions) which has authority over us, Payload or KittyCard in relation to the Card, Wallet, Program or any services provided under this Agreement;

Retailer

a retailer or any other person which accepts e-money;

Third-Party Provider/TPP

an Account Information Service Provider or a Payment Initiation Service Provider;

Transaction

any debit, credit or adjustment to a Wallet that affects the balance of funds held in it including a Card Transaction;

Username and Password

a set of personal codes selected by you in order to access the App;

Virtual Card

a non-physical card that you can use to carry out Card Transactions. For the avoidance of doubt there is no physical card;

Wallet

the electronic money account provided to you by TPL and opened in accordance with this Agreement;

Website

https://kittycard.com/

we, us or our

Transact Payments Limited (“TPL”), a company incorporated in Gibraltar with registered address at 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA, company registration number 108217 and which is authorised by the Gibraltar Financial Services Commission as an electronic money institution; and

you or your

You, the person who has entered into this Agreement with us by applying  to open a Wallet and be issued with a Card in accordance with this Agreement.

  1. The Agreement, Wallet and Card
  1. The Wallet is an electronic money account provided by us in accordance with our licence granted by the Gibraltar Financial Services Commission. You must use the Wallet in accordance with this Agreement.
  1. The Card is issued by us in accordance with our licence from Mastercard and you must use the Card in accordance with this Agreement.  
  1. You are not permitted to re-sell the Card.
  1. You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services  
  1. If you do not agree with or accept any of these terms and conditions, you should close the Wallet, cancel the Card and stop using the App.

  1. Applying for a Wallet and Card
  1. To apply for, and use, a Wallet and Card you must be at least 18 and resident in the United Kingdom.
  1. You may apply via the App (downloaded via Google Play or the Apple App Store). We may require you to provide information/documentary evidence to prove your identity and address and/or we may carry out electronic identification verification checks on you.  
  1. Once we have been able to successfully complete KYC, you will receive an activation confirmation on the App and you will be able to use the Wallet and Card.
  1. You are only allowed to hold one Wallet where your Available Balance is located. If we discover that you do have more than one Wallet, we may block the Card and Wallet and terminate this Agreement.

  1. Personal Details
  1. When you buy goods and services online, some websites may require you to enter your Personal Details. If this happens, you should enter your up-to-date Personal Details.  
  1. You must notify KittyCard of any change in your Personal Details as soon as possible by updating the details in the App. You will have to pay for any loss that happens directly as a result of any delay in telling us that your Personal Details have changed or if you have not told us because you’ve been grossly negligent or committed fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you.
  1. We, Payload or KittyCard, reserve the right at any time to satisfy ourselves that your Personal Details are correct (for example, by requesting relevant original documents) including so that we can prevent fraud and/or money laundering. You also agree to authorise us and Program Manager to undertake electronic identity verification checks on you either directly ourselves or using relevant third-party companies at the time when you apply for a Wallet or Card or at any time in the future.

  1. Using the Wallet
  1. You can use the Wallet subject to the Fees which you can find in the Fees & Limits Schedule. The Fees will be deducted from the Available Balance as they are charged to you.  
  1. You can receive funds into the Wallet by electronic funds transfer using CHAPS, Faster Payments and any other payment type as notified by us to you from time to time.  We will credit the Wallet when we receive the funds.
  1. The Wallet can also receive internal transfers from other Wallets owned or controlled by you, which apply instantly.
  1. The Wallet will not be credited if:
  1. the Wallet is suspended, restricted or terminated;
  1. the sender has provided incorrect/invalid Wallet details for the Wallet; or
  1. we suspect the transfer to be fraudulent.

  1. If we are unable to credit the Wallet for any of the reasons in clause 5.4 then the funds may be sent back to the sender without us notifying you beforehand.

  1. In order to manage our risk, particularly with respect to money laundering, fraud or security concerns, we also apply internal controls, including limits, to certain types of payment. We change these as necessary but for security purposes, we may or may not disclose them to you.

  1. You can send funds only from the Wallet to the UK external bank account you have used in the first instance.  
  1. If for any reason whatsoever a Transaction is carried out (including a Card Transaction), but the amount is greater than the Available Balance, you must pay us the difference immediately. If you don’t pay us after receiving a notification from us, we reserve the right to take all necessary steps to recover the difference, including taking legal action. We may charge the amount of the difference against any funds on the Wallet, including any funds that are loaded at a later date. We may arrange for the Wallet and/or Card to be suspended until we are reimbursed with the difference.
  1. The Wallet will be terminated if you use it for any illegal purposes, in accordance with clause 10.4(b)iv.  
  1. The Available Balance on the Wallet will not earn any interest.
  1. You are not permitted to set up Direct Debits from the Wallet.

  1. Third-Party Access to the Wallet
  1. You can allow a Third-Party Provider (also referred to as a ‘TPP’ or ‘Open Banking Provider’) to have access to the information in the Wallet or to initiate certain Transactions from the Wallet. The TPP must be authorised to provide these services to you, and we recommend that you check their authorisation on their regulator’s register of authorised providers before using them.  
  1. When you use a TPP, you authorise and consent to them accessing the Wallet or making payments from the Wallet on your behalf. Once the TPP properly identifies itself to us, we will treat any instruction from the TPP as if it was an instruction from you. You also consent to us sharing any information (including Personal Data) with the TPP that is reasonably required for them to provide their services to you.
  1. We may deny a TPP access to the Wallet or to make a payment if we are concerned about unauthorised or fraudulent access by that TPP. If we do block access, we will tell you beforehand or as soon as possible afterwards in a way that we consider the most appropriate. We won’t tell you if Applicable Law prevents us from doing so or if there are valid security reasons for not informing you. We will unblock access to the TPP when the reasons for blocking no longer exist.
  1. You also have the right to block or withdraw access to the Wallet by the TPP and you should contact Customer Services if you wish to do this.

  1. Using the Card
  1. You can use the Card subject to the Fees which you can find in the Fees & Limits Schedule. The Fees will be deducted from the Available Balance as they are charged to you.
  1. The Card is to be used to spend the funds in the Wallet.
  1. Unless we tell you otherwise, you can use the Card at any Retailer which accepts Mastercard.
  1. There are certain circumstances when a Retailer may require you to have an Available Balance which is greater than the value of the Card Transaction you wish to make. Retailers may request this as they may need to access more funds than you initially planned to spend for example, when you make hotel or rental car reservations. If this happens, you will not have access to the blocked amount of funds until the Card Transaction is completed or, at the latest, for up to a period of 30 days. We will only block access to the exact amount of funds authorised by you. You will only be charged for the actual and final value of the Transaction.
  1. You cannot use the Card at Retailers that cannot check that you have sufficient Available Balance for the Card Transaction (for example, Card Transactions made on trains, ships, some in-flight purchases and tollbooths which are not online).  
  1. We accept no liability if a Retailer refuses to accept payment using the Card. It is your responsibility to check the restrictions of each Retailer.
  1. You must not use the Card for any illegal purposes.


  1. Authorising Transactions
  1. You must give your consent to each Transaction by a) entering your security information; b) providing the Card details and/or providing any other details personal to you and/or the Card; or b) authorising a TPP to initiate a Transaction. Once you have given such consent to the Transaction, we will consider it to be authorised by you.
  1. When you make a Transaction, we consider it to be received when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day, then it will be considered to have been received on the next Business Day.  
  1. Once a Transaction has been authorised by you and received by us, it cannot be reversed.
  1. Your ability to use or access the Wallet or Card may occasionally be interrupted, for example, if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using the Wallet or Card and these will be resolved as soon as possible.

  1. Managing and protecting the Wallet and Card
  1. You are responsible for the Card, Wallet, device, App and any related passwords, logins or other security details (we will refer to all of these as “Security Details” in the rest of this clause 9) and you must take all possible measures to keep them safe and entirely confidential.  Examples of these measures include (but are not limited to):  
  1. never letting any other person use your Security Details;
  1. never writing your Security Details down in a way that allows anyone else to recognise them; and
  1. keeping your Security Details secret at all times for example, by not allowing your phone to be used by anyone without your authority.
  1. If you don’t keep your Security Details safe, you may not be able to claim any losses if we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with unreasonable delay or with gross negligence. In all other circumstances, the maximum amount that you will be required to pay will be £35.
  1. If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately.  
  1. if we suspect or believe that there may be a security threat or a threat of fraud to the Wallet or Card, Program Manager will notify you securely via email, SMS and/or push notification.

  1. Termination of this Agreement
  1. Unless this Agreement is terminated by you or by us, it shall remain in force.
  1. When this Agreement is terminated, the Wallet and Card will be closed, and you are not permitted to use either of them.
  1. Termination by You

(a) You may close the Wallet or Card at any time by contacting Customer Services.  Once either the Wallet or Card are closed, this Agreement will be terminated.

(b) If any further Transactions are found to have been made or charges or Fees incurred using the Wallet or Card or if we receive a reversal of any Transaction which added funds to the Available Balance, we will notify you of the amount and you must immediately repay it to us.

  1. Termination or Suspension by Us
  1. We, or Program Manager for us, may terminate this Agreement at any time by giving you two months’ advance notice, which will be sent to the email address that you have provided to us.
  1. We, or Program Manager for us, can suspend the Wallet or Card, restrict their functionality or terminate this Agreement at any time with immediate effect if:
  1. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
  1. you do not repay money that you owe to us; or
  1. you fail to provide the Personal Data necessary for us to comply with our legal or regulatory obligations and to fulfil this Agreement; or
  1. we reasonably suspect that the security of the Card or Wallet has been compromised or that you, or any third party, have used, or intend to use the Card or Wallet in a grossly negligent way or for fraudulent or other illegal purposes; or
  1. we believe that your use of the Card or Wallet may result in harm to us or our systems; or
  1. we believe that your continued use of the Card or Wallet may damage our reputation; or
  1. you become bankrupt; or
  1. we are required to do so under Applicable Law or if we believe that your continued use of the Wallet and/or Card may be in breach of Applicable Law; or
  1. we cannot process some or all of your Transactions due to the actions of third parties; or
  1. you have breached an important part of this Agreement or have repeatedly breached any term of this Agreement and have failed to resolve it in a timely manner.
  1. If we do suspend, restrict or terminate the Wallet or Card then, if we are legally allowed to, we or Program Manager will notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place. If possible, we or Program Manager will provide the reasons for the suspension, restriction, termination or refusal to execute a Transaction. If we suspend or block your Card or Wallet, we will unblock it as soon as the reasons for blocking it no longer exist.
  1. You can redeem your Available Balance by withdrawing it at an ATM at any time while your Wallet is open. Once your Wallet is closed, and subject to any legal obligations that we have to comply with, you will be able to gain access to the funds in the Wallet at any time within six years from the date that this Agreement ends.  
  1. If your Wallet is closed and you request that we send the Available Balance back to you, we may require that the funds are sent to an account in your name. We may also require you to provide us with KYC information and/or documents so that we can check your identity. We may charge a Redemption Fee if you request your Available Balance before, or at least 12 months after, this Agreement ends. If we do charge a Redemption Fee, it is set out in the Fees & Limits Schedule.
  1. If you owe us any funds or Fees when you request your Available Balance, we shall have the absolute right to deduct those funds of Fees from the funds held in your Wallet.

  1. Loss or Theft of funds and the Card.
  1. You are responsible for protecting the Wallet and Card as if they were cash in a physical wallet – if the Available Balance is lost or stolen, you may lose some or all of the money on the Wallet unless you contact us as specified in this clause.
  1. If you know or suspect that someone has gained unauthorised access to the Wallet, if you think your Phone has been lost or stolen or if you think that a Transaction has not been carried out correctly, you must immediately contact customer support via  email at support@kittycard.com. You must also immediately freeze the Card in the App.
  1. If you lose your Phone or it is stolen or used by someone without your permission and you haven’t reported it to us, you must pay the first £35 of losses. If our investigations show that you authorised a Transaction that you’re disputing or that you acted fraudulently or that you negligently or intentionally breached the terms of this Agreement (for example, if you allowed someone to use your Phone and they made a payment with your Card without you knowing about it), we may not refund you the amount that was spent.  
  1. Once you report a loss, theft or unauthorised use of the Card or Wallet, we will block them so that they can no longer be used.  
  1. You agree to cooperate with our agents, any supervisory authority, the police and us if you lose your phone and the Card or Wallet is lost, stolen or if we suspect that someone has used it fraudulently.  
  1. If you think that a Transaction has been made that you didn’t authorise or you think that it was incorrect, you must tell us as soon as possible, and no later than 13 months after the Transaction date, and we will refund the amount immediately. We won’t refund it if we believe that the incident may have been caused by a breach of this Agreement, through gross negligence or if we have reasonable grounds to suspect fraud.
  1. If you don’t think we’ve carried out a Transaction correctly, we will immediately try to trace the Transaction and will notify you of the outcome. We will not charge you for doing this. If we are liable for the Transaction, we will refund the amount as soon as we can, together with the amount of any fees which may have been charged to you.
  1. If a Transaction that you’re disputing was initiated by a TPP, the TPP must prove that the Transaction was authenticated, accurately recorded and not affected by a fault linked to its payment initiation service.
  1. If a Transaction that was made within the EEA or the UK arrived later than it should have, according to the terms of this Agreement, you may ask us to contact the receiving bank to ask them to treat it as if it was made on time.  
  1. If you ask us to investigate a Transaction which is initiated by a Payee (for example, a recurring payment which you have authorised) and the exact Transaction amount was not specified when you authorised the payment and  the amount  was more than you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case, we will refund that amount.  
  1. We won’t refund it if the amount relates to currency exchange fluctuations, if you have given your consent to execute the Transaction directly to us or if information on the Transaction was made available in an agreed manner to you at least 4 weeks before the due date of the Transaction.  
  1. We will only provide a refund if you request it from us within 8 weeks of the date on which it was debited.
  1. If a Transaction is paid into the Wallet that should not have been, we will, where possible, immediately send the funds back to the account or bank acting for the person who sent the payment. If this happens, you agree to return the funds to us and to provide the help we need to recover the amount from you. If we cannot recover the funds, we are required to provide sufficient details about you and the incorrect payment to the bank or institution that sent the payment so that they can recover the funds.

  1. Payment Disputes
  1. If you dispute a Card Transaction that you have authorised, and which has been processed on the Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with the Card.  
  1. If the dispute cannot be resolved you should contact us at Customer Services, and we will try to help you to resolve it.  
  1. If you have reason to believe that a Card Transaction was carried out without your consent or in error, you may ask Program Manager to investigate it.  If an investigation occurs, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Card Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee, subject to the Fees & Limits Schedule. If you do not have sufficient Available Balance, you must repay us the amount immediately when we ask for it.

  1. Foreign Exchange
  1. You can receive payments into the Wallet and make payments out of the Wallet in Pounds Sterling (GBP) only.  
  1. If you use the Card in a currency other than the currency of the Card (we will refer to this amount in this clause as the “Foreign Currency Transaction”), we will use an exchange rate set by Mastercard to convert the amount to the currency of your Card and we will deduct it from your Available Balance. For example, if the currency of your Card is Euros and you buy a product in Pounds Sterling, we will convert the Pounds to Euros and then deduct the Euro amount from your Available Balance.
  1. You may also be charged a Currency Conversion Fee as set out in the Fees & Limits Schedule below.
  1. You can compare charges for currency conversion with other Cards’ charges by checking the real-time percentage difference between the amount that will be charged on the Card for a Foreign Currency Transaction (which consists of the mark-up applied by Mastercard as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can see this information on the Website before you make a Foreign Currency Transaction.
  1. Exchange rates can go up and down quickly and they may change between the time you make a Transaction and the time it is deducted from your Account/Available Balance. You agree that any change to the exchange rate may be applied immediately and without us giving you any notice.

  1. Our Liability
  1. We shall not be liable for:  
  1. any loss which occurs from anything which is directly or indirectly beyond our control. Examples of this include: if there aren’t enough funds in an ATM, if the ATM network fails, if you can’t withdraw funds due to the ATM operator setting limits on funds that can be withdrawn or if their data processing system doesn’t work properly;
  1. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;  
  1. any loss arising from any use of the Wallet or Card that does not comply with this Agreement;  
  1. any goods or services that you buy with the Card;  
  1. anyone refusing to accept the Card; and vi. any damages that you suffer due to loss, fraud or theft that you have reported to us later than 13 months after the event/debit date.  
  1. If the Card is faulty and this is our fault, our sole responsibility will be to replace the Card.
  1. If funds are incorrectly deducted from your Available Balance and this is our fault, our sole responsibility will be to pay you the correct amount.  
  1. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
  1. The exclusions and limitations set out in this clause will also apply to any of our partners, including Mastercard and other suppliers, contractors, representatives and any of their partners (if any) which may arise in connection with this Agreement.  
  1. Complaints
  1. If you would like to make a complaint about the Card or Account, please send an email to Program Manager’s Customer Services department at support@kittycard.com.  
  1. Customer Services will try to respond to you by email as quickly as possible and at the latest within 15 Business Days.  
  1. If you’re not happy with the response from our Customer Services team, you can escalate your complaint to the TPL Issuer Complaints Department directly via email at complaints@transactpaymentslimited.com. Please ensure you include the required Personal Details so we can properly identify and contact you.  
  1. If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of our findings within 35 Business Days of your complaint. We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.  
  1. In the unlikely event that we are unable to resolve your issue to your satisfaction, you have the right to refer your complaint to the Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.

  1. General Communication
  1. When we or Program Manager communicate with you, we’ll do it by email or by push notification/SMS text message on your mobile device. We’ll use the latest contact details which you have provided us with.

  1. You may contact Customer Services via the details which are set out in clause 1.

  1. Personal Data
  1. TPL will collect certain information about the user of the Wallet and Card in order to operate the Wallet and Card. We need you to provide your Personal Data (for example, your name and address) so that we can carry out our obligations under this Agreement (for example, so that we can send you a Card with your name on it and send it to the right address). Sometimes we may need to use your Personal Data so that we can take certain steps, where you ask us to, before we enter into this Agreement. If you don’t provide the Personal Data which we ask you for, we will take steps to end this Agreement in accordance with clause 10.4(b)iii above.
  1. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.

  1. Changes to this Agreement
  1. We can update or amend this Agreement at any time if we give you at least 2 months’ notice first. If we do this, we shall ask Program Manager to notify you by e-mail or mobile device (using the latest email address/phone number you have provided us with).
  1. If you do not agree with our proposed changes to the Agreement, you may end this Agreement at any time within the 2-month notice period. You can also withdraw any unused Available Balance at that time without incurring a Fee. If you don’t notify us before the 2-month deadline, we will consider that you have accepted the changes to this Agreement.
  1. If any part of this Agreement does not comply with any regulatory requirements, then we will not rely on that part, but we’ll treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with a new regulatory requirement, we will make those changes as soon as we reasonably can.  
  1. Language

Only the English language version of this Agreement, any communications that we send to you and any content on the Website will apply. If we translate this Agreement or any other content into another language, the translation is for reference only.

  1. Governing Law

This Agreement is governed by Gibraltar law.  

  1. Jurisdiction

You agree to the non-exclusive jurisdiction of the courts of Gibraltar. ‘Non-exclusive jurisdiction’ means that you may also have the right to refer a dispute to the court of another country.

  1. Miscellaneous
  1. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. This means that if we don’t enforce our rights against you at a particular time, we are still able to do so at a later time.
  1. The Wallet and Card are payment service products and not deposit or credit or banking products and, as such are not governed by the Deposit Security Scheme of Gibraltar (https://www.gdgb.gi).  The deposit scheme protects customers’ money when financial firms fail. You can find out more about them at the link provided above. We will, however, safeguard your funds so that they are protected by Applicable Law if we become insolvent. If you’d like further information on how your funds are protected, please contact Customer Services.
  1. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
  1. You may not transfer any of your rights and benefits under this Agreement. This means that the Agreement is personal to you, and you can’t transfer it to anyone else. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may transfer our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement, if we reasonably believe that this would not have a significant negative effect on your rights.
  1. The Wallet is provided by Transact Payments Limited pursuant to its licence from the Gibraltar Financial Services Commission and the Card is issued by Transact Payments Limited pursuant to its licence from Mastercard.

  1. KittyCard administers the Wallet and Card provided by Transact Payments Limited and is available to give You customer service support if You have any queries. Our Program Managers also conduct activities such as sponsorship, marketing, and providing the IT platform and will carry out due diligence on You.

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‍Fees & Limits Schedule

View the latest Fee Information Document at https://www.kittycard.com/help/fee-information  
View the latest Fees & Limits Schedule at https://www.kittycard.com/help/fees-limits-schedule

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