Legal
Terms and Conditions
We understand you want to know what you can expect from us, and that is why we have drawn up these Terms and Conditions (T&Cs). We aim to be transparent, however if anything is unclear, please let us know.
Where You have agreed to other terms with Us, those terms will take precedence over these T&Cs where they conflict
These T&Cs are an agreement between Borderless (Us, We, or Our) and You (User, You, or Your). This Agreement sets forth the general terms and conditions of Your use of the borderlesspayroll.com website (Platform). Any of its products or services (Services) will be covered under a separate Service Agreement provided by our sales or onboarding team.
About Us
Borderless (UK)
4th Floor, 18 St Cross Street,
London, England, EC1N 8UN
Represented by: Raymond Reed
Contact details: https://borderlesspayroll.com
Use Terms for our Website
The Website, Borderlesspayroll.com, is a marketing website for our services. In time we hope to develop our technology to provide a full online service through customer dashboards however this is not currently in place.
Accuracy of information
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related Services are inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Services have been modified or updated.
Prohibited uses
In addition to other any other terms agreed to, You are prohibited from using the Platform, Content, or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses unconditionally.
Disclaimer of warranty
You agree that Your use of our Platform and Services is solely at Your own risk. The Platform and Services and information obtained through the Platform are provided on an “as is” and “as available” basis. We do not provide tax, legal, or accounting advice and are not permitted to engage in the practice of law. We do not act as your attorney, and information given by Us is made for informational purposes only and is not a substitute for the advice of an attorney if such is needed to make decisions about compliance with applicable laws. We take every reasonable effort to ensure our Services are provided to reflect our best understanding of compliance matters related to employment, the information on the platform is not legal advice and is not guaranteed to be correct, complete, or up-to- date.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform and Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made herein. You are advised to consult with an attorney, tax advisor, or accountant before accepting these Terms & Conditions.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will We, Our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Remote, has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Our and Our affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to any amounts actually paid by You to Us for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.
Our Sustainability Commitment
We have the intention to combine economic success with ecological, human, governance, and social sustainability success. In this context, We are committed to evaluating our business practices and taking responsible action in regards to its environmental, social, and corporate governance (ESG) implications.
Therefore, We are committing to:
- Measuring the carbon footprint of our business activities by using an appropriate assessment framework.
- Evaluating and implementing measures to reduce our carbon footprint as much as possible. Preferably with yearly targets, that include the business model / product implications.
- Achieving Net Zero in a reasonable time frame, compensating for the not reduced calculated emissions.
Severability
All rights and restrictions contained in these T & Cs may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these T&Cs illegal, invalid or unenforceable. If any provision or portion of any provision of these T&Cs shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of these T&Cs and any disputes arising out of it shall be governed by the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be subject to arbitration or mediation in England and Wales, and You shall submit to the arbitration rules of such jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify these T&Cs and any policies relating to the Platform or Services at any time. Continued use of the Platform after any such changes shall constitute your consent to such changes.
Contact us
For inquiries or requests, please contact us at help@borderlesspayroll.com.
Privacy Policy
Last Updated: April 23
Borderless Payroll ("we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our recruitment and hiring services. We comply with the General Data Protection Regulation (GDPR) and other relevant data protection laws applicable in the United Kingdom.
DATA PROTECTION PRINCIPLES
We will comply with data protection law. This means that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
Information We Collect
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender
- Socio-demographic includes details about your work or profession, nationality and any immigration information, including Biometric Residence Permits, share codes and European Settlement Status or Pre-Settlement Status
- Contact Data email address, telephone numbers, address details
- Documentary data includes details about you that are stored in documents in different formats or copies. This includes identity documentation such as passport and proof of address
- Transaction Data includes details about payments from you and other details of services you have purchased from us
- Contract Details about the services we provide to you and services you provide to your clients
- Usage Data includes data about how you use our services
- Financial payments made or received by you and your company, your bank details, credit card information
- Open data and public records includes details about you that are in public records and information about you that is openly available on the internet
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website and portal
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your communication preferences, information you provide to us in emails, letters and over the phone
- Calls may be recorded for training and quality purposes
Where it is necessary for us to gather special categories of personal data we will only do when we have a lawful basis
How we will use your personal information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you
- Where it is necessary for our legitimate interests
- Where we need to comply with our legal obligations
- Where you have consented to it
A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.
The below is a list of all the ways in which we may use your data and the basis upon which we rely on. We have also specified what our legitimate interests are if we rely on this basis.
Purpose/Activity
1. To register you as a new client
2. To conduct identity and any other necessary Anti-Money Laundering (“AML”) checks on you
3. To deliver our services
4. To make and manage payments due to us by you
5. To manage fees, charges and interest due on your accounts
6. To collect and recover money that is owed to us
7. To develop new ways to meet your needs
8. To develop and carry out marketing activities
9. To study how you use our services
10. To provide advice or guidance about our services
11. To improve our service offering
12. To respond and deal with complaints
13. To contact you within a 12-month period of you terminating or failing to use our services with offers and proposed services for you to re-engage with us.
14. To develop and manage our business and services
15. To test new service offerings
16. To manage how we work with other companies that provide services to us and our clients
17. To make recommendations and suggestions to you about services that may be of interest to you, including communicating to you about services that our supplier companies provide and those of our external business partners.
18. To analyse any data we hold on you to understand your interests and preferences.
19. To detect, investigate, report, and seek to prevent financial crime
20. To manage risk for us and our clients
21. To obey laws and regulations that apply to us
22. To run our business in an efficient and proper way to protect our business
23. To send your contact details to external business partners who offer services that may be relevant to you
Marketing
We may use your personal information to tell you about relevant products and services that we think may be of interest to you. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We can only use your personal information to send you marketing messages if we have either your consent (which we will ask for via an opt-in or soft opt-in) or a legitimate interest. A legitimate interest is when we have a business or commercial reason to use your information taking into consideration your interests. A soft opt-in query is a specific type of consent that applies when we have previously provided services to you and we are marketing other related services.
Marketing and Third Parties
If you have given your consent to receive marketing emails you can withdraw this at any time. In certain circumstances we may share your personal data with third parties for the purpose of client satisfaction reviews. If we are relying on our legitimate interests to send you marketing or client satisfaction reviews, you can object. We will only provide third parties with the information they need to know to perform their specific services.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time. You can also email the marketing team directly: marketing@borderlesspayroll.com
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Who do we share your personal data with?
We may have to share your personal data with the third parties set out below for the purposes set out in the table above (“How we will use your personal information”)
- Companies within the Borderless Payroll group of companies as part of our regular reporting activities on company performance, for system maintenance support and hosting of data, and when you request to receive services or information about any of our other entities in our Group
- Supplier companies and specific employer of record providers that we partner with
- Internal staff who help support and administer our services
- Companies House, HMRC, regulators and other authorities
- Our auditors and external business professionals and lawyers conducting our FCSA annual review
- Fraud prevention agencies
- Credit reference agencies
- Organisations that introduce you to us
- Organisations that we introduce you to
- Companies you ask us to share your data with
- Any party that we have partnered with to offer you services you may be interested in
- If you choose a service package which offers insurance we may pass your personal or business details on the insurance broker, insurer or reinsurer
- Our insurance broker and insurers if you make a claim or we notify them in respect of a claim or potential claim concerning you
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice
- Third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: employer of record service provision, IT and marketing services including use of cookies and trackers, accounting services and use of accounting software
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, insurance, contractual or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal information:
Access to your personal information
You are entitled to make a data subject access request to receive a copy of the personal data we hold about you. We may need to verify your identity before we provide this to you.
Please note that you will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Request correction of personal information
This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal information
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data
This is where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object when we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have legitimate grounds to process your information which overrides your rights and freedoms.
Request restriction of processing your personal data
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your personal data
We will provide to you, or a third party you have chosen, your personal data in a commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to withdraw consent
You have a right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
DATA TEAM
We have appointed a Data Team to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Team by emailing data@borderlesspayroll.com. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact data@borderlesspayroll.com.
Anti-Slavery Policy
1. Policy Statement
Borderless Payroll is committed to preventing and combating all forms of slavery, human trafficking, and forced labor within its operations and supply chain. We are dedicated to upholding human rights and ethical business practices, and we will not tolerate any form of modern slavery in our business or associated with our business activities.
2. Scope
This policy applies to all employees, contractors, suppliers, and business partners of Borderless Payroll, regardless of their location. It encompasses all aspects of our business operations, including our supply chain and interactions with external stakeholders.
3. Definitions
a. Modern Slavery: Modern slavery includes but is not limited to forced labor, human trafficking, debt bondage, child labor, and any form of exploitation in which individuals are coerced, deceived, or forced to work against their will.
b. Supply Chain: The supply chain refers to all activities and processes involved in the sourcing, manufacturing, and distribution of products and services, including those of our suppliers and subcontractors.
4. Commitments
Borderless Payroll is committed to the following principles:
a. No Tolerance: We have a zero-tolerance approach to modern slavery and will not engage in, support, or condone any form of modern slavery within our business or supply chain.
b. Due Diligence: We will conduct due diligence on our supply chain to identify and assess risks related to modern slavery, and we will take appropriate steps to mitigate these risks.
c. Training: We will provide training and awareness programs to our employees, suppliers, and business partners to ensure they understand the signs of modern slavery and their role in preventing it.
d. Reporting: We encourage our employees, suppliers, and business partners to report any concerns or suspicions of modern slavery. We will ensure that whistleblowers are protected and treated with confidentiality.
e. Remediation: If we identify any instances of modern slavery, we will take immediate action to address the situation and remediate any harm caused.
5. Responsibility
a. Board of Directors: The Board of Directors is responsible for ensuring the implementation and effectiveness of this policy.
b. Management: Senior management is responsible for embedding this policy into the company's culture and operations, and for ensuring that adequate resources are allocated for its implementation.
c. Employees: All employees are responsible for complying with this policy and for promptly reporting any suspicions or concerns regarding modern slavery.
d. Suppliers and Business Partners: Suppliers and business partners are expected to adhere to the principles of this policy and to cooperate with any due diligence efforts carried out by Borderless Payroll.
6. Review
This policy will be regularly reviewed and updated as necessary to ensure its continued effectiveness and compliance with legal and ethical standards.
7. Communication
This policy will be communicated to all employees, suppliers, and business partners, and it will be made publicly available on our website.
Borderless Payroll is committed to upholding this policy and to taking all necessary measures to prevent and combat modern slavery. We believe that by working together, we can contribute to a world free from the scourge of slavery.
Borderless Payroll
AML & Tax Evasion Policy
Policy Statement
Borderless is committed to preventing and combating all forms of financial crime within both its own operations and also within its supply chain. As such we are committed to complying with all applicable anti-money laundering laws and regulations in the United Kingdom, including but not limited to the Money Laundering Regulations 2017 (as amended) and the Criminal Finances Act 2017.
As such the following policy sets out the steps we take in order to protect us and our clients against liability.
Scope
This Anti-Money Laundering Policy (the "Policy") applies to all employees, officers, directors, agents, contractors, and other stakeholders of the Company. It covers all aspects of our business operations and includes guidelines for identifying, reporting, and preventing money laundering activities. We are dedicated to upholding the strictest of compliance within in our business, and we will not tolerate any form of breach of this in our business or associated partners in our supply chain.
Legal Framework
2.1 Applicable Laws and Regulations
The Company shall fully comply with all relevant UK anti-money laundering laws and regulations, including but not limited to:
- The Money Laundering Regulations 2017 (as amended)
- The Proceeds of Crime Act 2002
- The Terrorism Act 2000
- Criminal Finances Act 2017
Anti-Money Laundering Program
3.1 Designated Money Laundering Reporting Officer (MLRO)
The Company shall appoint a designated Money Laundering Reporting Officer (MLRO) who is responsible for overseeing the AML program, ensuring compliance with AML laws, and acting as the primary point of contact with relevant authorities.
Where specific risks are identified either inrelation tothe framework of controls or in relation to a particular business relationship, Compliance will escalate such matters to the board of directors on a periodic basis.
3.2 Risk Assessment
The Company shall conduct regular risk assessments to identify and evaluate money laundering risks associated with its products, services, customers, and geographic locations. These assessments will inform the development and adjustment of our AML procedures.
3.3 Client Due Diligence (KYC)
The Company shall establish and implement risk-based Customer Due Diligence (KYC) procedures to verify the identity of customers, assess their risk profiles, and understand the source of funds. KYC measures shall include, but not be limited to:
- Obtaining customer identification documents
- Obtain proof of operating address
- Identifying beneficial owners
- Conducting ongoing monitoring of customer transactions
3.4 Partner Due Diligence (PKYC)
The Company shall establish and implement risk-based Due Diligence (PKYC) procedures to verify the identity of all suppliers and employers of record used by Borderless. The Company will assess their risk profiles, beneficial owners, confirm they maintain full compliance in accordance with our set Code of Conduct policy.
PKYC measures during the partner on-boarding include, but are not be limited to:
- Obtaining director identification documents
- Obtain proof of operating address
- Identifying beneficial owners
- Conducting ongoing monitoring of customer transactions
- Proof of the current VAT and Employment Taxes position
- Search the director on companies house and enquire about any other companies they have been an officer for previously, particularly any which have had an insolvency event
- Check website presence and social presence
Weekly checks
- Confirm the company name, number and VAT number on the invoice are the same as the one you conducted due diligence on at the outset.
- Check a random sample of payslips to ensure that expenses and holiday pay are dealt with as expected. We recommend you make a record of the payslips checked and the outcome on a weekly basis.
Monthly checks
- Conduct a live VAT check on the company. Print the screen and keep a record.
- Search companies house to ensure that the company is up to date with its’ reporting obligations (Confirmation statement and Accounts)
- Employment Intermediary reporting should be provided monthly where required, and these reports can be cross referenced against your internal records.
3.5 Suspicious Activity Reporting
All employees and stakeholders have a duty to promptly report any suspicious activities or transactions related to money laundering to the MLRO. Reports will be treated confidentially, and no retaliation will be tolerated against those making legitimate reports.
3.6 Record Keeping
The Company shall maintain accurate and up-to-date records of customer transactions, CDD documentation, and AML-related reports. These records will be retained for the period required by UK AML laws and regulations.
3.7 Employee Training
The Company shall provide regular AML training to all employees to ensure they understand their responsibilities and can recognize suspicious activities. Training programs will be updated to reflect changes in AML laws and regulations.
3.8 Independent Audits
Periodic independent audits of the Company's AML program shall be conducted to assess its effectiveness and compliance with applicable UK AML laws and regulations.
Penalties for Non-Compliance
Non-compliance with this AML Policy or relevant UK AML laws and regulations may result in disciplinary actions, including but not limited to termination of employment or contractual relationships. It may also lead to civil or criminal penalties for individuals or the Company.
Conclusion
Borderless is fully dedicated to preventing money laundering and is committed to adhering to all anti-money laundering laws and regulations in the United Kingdom. This Policy is subject to regular review and updates to ensure its continued effectiveness.
Borderless Payroll [August 2023]