USA Region Specific Terms
With respect to Services provided by Thunes in the U.S.A, the following provisions shall apply and are included as part of the legally binding Agreement between you and Thunes:
1. The following shall be added to Section 4(j) as an additional final sentence:
4(j). You shall provide us upon our reasonable request with reports on complaints to enable us to monitor compliance with UDAP (Unfair or Deceptive Acts or Practices) and UDAAP (Unfair, Deceptive, or Abusive Acts or Practices) legislation.
2. The following shall be added to Section 4 as a new subparagraph (k):
4(k). Where Applicable Law gives rights to End Customers that we, as the regulated entity, are responsible for, including providing information, making disclosures, and providing receipts, then you will assist us in fulfilling those obligations on our behalf. The relevant obligations at the Commencement Date are:
i. Passing receipts and Transaction exchange rate information provided by us to End Customers on our behalf;
ii. Providing a link to our webpage where State-mandated regulatory information is displayed: https://www.thunes.com/a-fully-compliant-and-regulated-network-usa/;
iii. Referencing us on your website as a provider of cross-border money remittance services for you; and
iv. Not engaging in unfair or deceptive acts or practices when providing cross-border remittance services, and permitting us to review and approve advertising of and provision of information about the remittance transfer services.
3. The following shall be added to Section 7 as a new subparagraph (h):
7(h). Thunes holds all Customer funds in one or more pooled Thunes Payments Accounts and invests those funds as permitted pursuant to Applicable Law. These pooled amounts are held apart from Thunes’ corporate funds and Thunes will neither use these funds for its operating expenses or any other corporate purposes. You will not own or control the Thunes Payments Account, nor will you have an ownership interest (either legal or beneficial) in any investment of Customer funds.
4. The following shall be added to Section 12 as new subparagraph (k):
12(k). The Parties acknowledge and agree that, to the extent Customer is subject to the California Consumer Privacy Act (CCPA), or other U.S. state consumer privacy laws which impose similar obligations with respect to the processing of Personal Information (collectively, State Consumer Privacy Laws), and provides Personal Data to Thunes subject to one or more such State Consumer Privacy Laws (Covered Personal Data), the following provisions shall apply:
i. Each of Thunes and Customer shall comply with applicable provisions of State Consumer Privacy Laws, including, in the case of the Customer, to provide required notices and disclosures with respect to the obligations of the business under the CCPA; and in the case of Thunes, to notify Customer promptly (and, in any event, within any period required by law) upon making a determination that it can no longer meet its obligations with respect to Covered Personal Data under applicable State Consumer Privacy Laws. To the extent that Customer is subject to one or more State Consumer Privacy Laws, Customer shall promptly notify Thunes of that determination and identify the Covered Personal Data that will be subject to processing.
ii. The Parties acknowledge that the nature and purposes for which Thunes is processing Covered Personal Data is for the provision, execution, support, and administration of the Services. The Parties acknowledge that (a) such Covered Personal Data is being disclosed to Thunes only for the limited and specified purposes as set forth in these Terms, and (b) these Terms constitute processing instructions with respect to Covered Personal Data processed in connection with the Services.
iii. The Covered Personal Data subject to the processing includes Transaction Personal Data and other Personal Data subject to applicable State Consumer Privacy Law provided in connection with the Services. Such Covered Personal Data shall be processed for the duration set forth in these Terms, including Section 14.
iv. Thunes shall not:
a. sell, or share for cross-contextual behavioural advertising, Covered Personal Data;
b. combine Covered Personal Data with personal information obtained from different sources;
c. retain, use, or disclose Covered Personal Data other than for the specific purposes set forth in these Terms; or
d. where applicable, use any sensitive Covered Personal Data received from Customer other than to assist Customer in purposes authorized by Customer instruction;
e. in each case, except as required to perform a business purpose defined in this Agreement or as permitted by Data Protection Law.
v. To the extent required by applicable State Consumer Privacy Law:
a. Thunes shall reasonably assist Customer in meeting its obligations under State Consumer Privacy Law, including, to the extent required (a) in responding to consumer rights requests, (b) with respect to the security of processing Covered Personal Data, (c) regarding notification of a Security Incident, and (d) in providing necessary information to enable Customer to conduct a data protection impact assessment.
b. Thunes acknowledges that it is subject to a duty of confidentiality with respect to the Covered Personal Data.
c. If Thunes engages any subcontractor to process Covered Personal Data in support of the Services, it shall do so pursuant to a written contract that requires the subcontractor to meet obligations no less stringent than those imposed in these Terms and of applicable State Consumer Privacy Law.
d. Customer shall have the right, upon reasonable prior notice, to take appropriate steps to stop and remediate any unauthorized use of Covered Personal Data.
e. Thunes certifies to the processing restrictions herein to enable Customer to (a) ensure that the processing of Covered Personal Data is consistent with applicable State Consumer Privacy Law, (b) stop and remediate unauthorized use of Covered Personal Data, and (c) conduct reasonable assessments of Thunes policies and technical and organizational measures to ascertain compliance with State Consumer Privacy Laws, subject to appropriate prior written notice and as mutually agreed by the Parties.
f. Thunes shall notify Customer promptly if it determines that it can no longer meet its obligations under applicable State Consumer Privacy Law.
g. At the choice and direction of Customer, Thunes shall delete or return all Covered Personal Data to Customer at the end of the provision of the Services, unless retention of the Covered Personal Data is required by law.
vi. To the extent that any information obtained by Thunes constitutes “nonpublic personal information” about “consumers” or “customers” (collectively, Consumer NPI) as such terms are defined in the Gramm-Leach-Bliley Act and regulations issued thereunder (GLBA), then, notwithstanding any contrary provisions of these Terms, Thunes shall implement and maintain all necessary and appropriate measures to meet the objectives of the applicable guidelines establishing information security standards as adopted by any federal regulatory agencies having jurisdiction over Thunes or Customer’s affairs.
vii. Thunes agrees that it will not disclose or use such Consumer NPI provided to it by or on behalf of Customer other than to carry out the purposes of providing the Services or in any manner prohibited by the GLBA.
