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    Privacy Notice

    The current Privacy Notice outlines how Maxpay collects, uses, stores, shares, and safeguards personal data, along with the privacy rights available to data subjects.

    Please read this Privacy Notice carefully before registering, accessing, or using Maxpay products or services.

    You should read and understand this Privacy Notice because it constitutes the core of our obligations to you when you use the Maxpay Website and access Maxpay products or services on behalf of your organization or when you provide your personal data to us.

    You acknowledge that you have carefully read and understood this Privacy Notice by registering, accessing, or using Maxpay products or services.

    Terms used in this Privacy Notice shall have the following meaning:

    “Maxpay” means Maxpay Limited, a legal entity registered in Malta with registration number C 66555 whose registered office is at Avenue 77 Business Centre, Triq In-Negozju, Zone 3, Central Business District, Birkirkara, CBD 3010, Malta. “Maxpay” also covers affiliates and subsidiaries of Maxpay Limited. For the purposes of this Privacy Notice, “we”, “our” and “us” shall refer to Maxpay.

    Our contacts

    dpo@maxpay.com

    support@maxpay.com

    https://maxpay.com/contact/

    “Maxpay Platform” means internet-based software, API and other technologies allowing to obtain Maxpay products or services.

    “Maxpay Services” means software and a service to process online credit and debit card payments, obtain and send payments through alternative payment methods as a gateway service provider and to fight fraud with the help of our anti-fraud solution.

    “Maxpay Website” refers to the Maxpay website www.maxpay.com, including all its content and subdomains (e.g. Blog).

    “You”, “your” and “yours” shall refer to any user of the Maxpay Website, Maxpay Platform or Maxpay Services. For the purpose of clarity, if you are acting on behalf of your organization (merchant) that uses Maxpay Services, this Privacy Notice shall apply to you as the officer or other representative of such organization.

    “End-user” means an individual who purchases goods or services from your organization.

    “Data” means data and/or information submitted by you through the Maxpay Website, Maxpay Platform or APIs to us, including the End-users’ personal data.

    “Personal data” is used to depict information that can be linked to a specific person and thus be used to identify that very person. Information that has been made anonymous is not considered to be personal data.

    Roles and responsibilities

    Maxpay as data controller

    You should be aware that when we collect personal data of officers or other representatives of your organization, we act as a data controller, and we are subject to the controller’s rights and obligations under applicable data protection laws, rules, and regulations.

    Maxpay also acts as a data controller when we process personal data of Maxpay Website visitors in the form of cookies and other similar technologies. We process personal data of Maxpay Website visitors for the website experience improvement, management of our advertising campaign and monitoring conversion results.

    Maxpay as data processor

    By providing your organization with Maxpay Services, we act as a data processor, and your organization acts as data controller in the meaning given by the General Data Protection Regulation (GDPR). In this case, we process data of your organization only to provide it and its End-users with Maxpay Services and only on the relevant documented instructions. Your organization, as data controller, shall comply with all applicable data protection laws, rules, and regulations. Privacy notice of your organization shall duly disclose its data practices, including using third-party service providers for gateway services and/or detection and prevention of fraud.

    When your organization acts as a data controller, it shall have a valid legal basis, including prior consent from your End-users to collect, use and process their personal data by Maxpay, including consent to transfer personal data to third countries by Maxpay. This may include obtaining prior consent from End-users. If your organization discloses personal data without its End-user’s proper consent or other legal basis, it is responsible for that unauthorized disclosure.

    As a data controller, to the extent that your organization processes End-user’s personal data, it may be required under privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. In case a data subject directly contacts us with a request to exercise their individual rights under GDPR or with another claim on data protection, we will direct such data subject to your organization as data controller. Nevertheless, we will assist it by providing all necessary information or by other means envisaged by applicable law.

    What data do we collect and how

    Starting to use Maxpay Services, your organization provides us with Data about the End-users. Your organization can decide what types or formats of Data to send to Maxpay for analysis. Your organization may send the End-user’s Data, such as email address …

    Furthermore, in case you access or use the Maxpay Platform, the following types of data might be gathered: your company name, phone number, e-mail, and name of contact person. It is used to maintain permanent communication with you and to send you legal and information notices.

    When you visit the Maxpay Website or use Maxpay Services on behalf of your organization, we gather information provided by your computer, mobile phone, or other devices. This info includes your IP address, user name, referrer details, and device details (“Technical information”). We process this information in order to protect users’ data and accounts inside the Maxpay Platform, as well as to improve services and user experience.

    Note that we also gather information about your activities on the Maxpay Platform or Maxpay merchant portal and process your user ID, login, email, phone number, locale, and timezone for access to merchant portal functionality (“Access information”).

    In case you access your Maxpay account or use any of Maxpay Services on behalf of your organization as its officer or other representative, the following types of data might be gathered:

    • Contact information including your name, phone number, e-mail, address, utility bills information (used to maintain permanent communication with you, to send you legal and information notices, to restore access to your account in Maxpay system, to avoid account duplicates, to conduct fraud prevention in the course of merchant onboarding and its business activity, to arrange signing of the merchant contract and perform obligations thereunder, including processing of payments, to assist with opening of the merchant account in connection with Maxpay Services, to conduct risk management on various stages of using Maxpay Services);
    • Financial information including your full bank account number, e-wallet ID, bank statement information (used for bank and AML compliance purposes in the course of signing a merchant contract, performance of the obligations thereunder, for the assistance with the opening of the merchant account in connection with Maxpay Services, for the fraud prevention in the course of the merchant’s business activity);
    • Exhaustive personal information including your ID information (used for bank and AML compliance purposes in the course of signing a merchant contract, performance of the obligations thereunder, for the assistance with the opening of the merchant account in connection with Maxpay Services, for the fraud prevention in the course of merchant’s business activity).

    We do not collect any extra data, but only that which is necessary for the purpose of providing Maxpay Services to your organization or fulfilling our legal obligations.

    Please note that the provision of your personal data is voluntary. In most cases, if you do not provide the requested information, Maxpay will not be able to provide the requested service to your organization, e.g. our support cannot reach your organization in case of a security incident without collecting your contact details.

    Cookies. When you visit the Maxpay Website or Maxpay Platform, a small cookie file might be placed on your computer or mobile device. For the purpose of clarity, only necessary cookies used to ensure proper operation of the Maxpay Website are always active. To install performance and/or marketing cookies on your device, we will ask for your explicit consent. We analyze data from cookies and use it to improve the quality of our services, track your activities with Maxpay, and keep your account safe. Learn more about cookies and other similar technologies that we use from our Cookie Policy, which is integrated in and shall be read in conjunction with this Privacy Notice.

    The ways we use data

    The Data is collected for Maxpay to provide high-quality services to your organization, to ensure maintenance of contractual and legal requirements, performance of a contract, notify your organization, and protect security and privacy.

    In particular, the personal data we process may be used for the following purposes:

    • Provision your organization with high-quality and target-oriented services;
    • Fraud prevention at the initial client`s onboarding and during further business activity;
    • Improving the quality of services and user experience;
    • Access to Maxpay Portal functionality;
    • Providing client support;
    • Risk management at various stages of using Maxpay Services;
    • Protection of data and accounts of Maxpay Platform users;
    • Website experience improvement, manage our advertising campaign and monitor conversion results;
    • Preparation and signing agreements with your organization and further contractual communication (amendments, notices);
    • Legal due diligence, KYC and KYB procedures;
    • Managing financial transactions, issuing invoices, and processing payments in order to fulfill contracts with your organization.

    Your personal data is not used for any additional purposes not mentioned in this Privacy Notice, Cookie Policy integrated herein or the contract between Maxpay and your organization.

    Legal basis for processing

    Our legal basis for collecting and using personal data depends on the type of personal information collected and the specific context in which we collect it.

    • Contract

    We process your personal data when it is necessary to fulfill a B2B services agreement with Maxpay. This includes:

    • Using your data to provide the services your organization has requested (e.g., ensuring that you or other validated officers and representatives of your organization have access to the Maxpay Platform);
    • Contacting you or other officers and representatives of your organization regarding customer service and product information;
    • Responding to inquiries related to your account;
    • Fulfilling obligations outlined in the contract.

    Maxpay does not use personal data processed under a contract for the purposes of marketing and advertising without establishing your prior consent.

    • Legitimate interest

    We process your personal data on the basis of our legitimate interests, provided that such processing shall not outweigh your rights and freedoms. We rely on this legal basis when we carry out procedures that are part of our Services or which are transparent, expectable and are a stable business practice. For example, to:

    • ensure that you or other officers and representatives of your organization who have or are about to enter into a B2B services agreement with Maxpay are validated;
    • ensure that traffic is best routed for users to not experience extra delays (geolocation definitions for traffic analysis and forecasting);
    • offer the Services relevant to a certain geographical region;
    • ensure that the application works well on users' devices (identify active devices and adapt to the needs of the client).

    We will also process your data on the basis of our legitimate interest, where the processing of personal data is strictly necessary and proportionate for the purposes of ensuring network and information security.

    If we process your information based on our legitimate interests as explained above, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Please note that the right to object does not apply if data processing is necessary for the performance of a contract or to comply with a legal obligation.

    • Legal obligation

    We are entitled to process your data on the basis of legal obligation where it is necessary for compliance with a legal or regulatory obligation that we are subject to, including without limitation regulations on prevention of the money laundering and funding of terrorism and other fraud and crime prevention laws and regulations (including Regulation 13 of the Prevention of Money Laundering and Funding of Terrorism Regulations (S.L. 373.01), Article 40 of Directive (EU) 2015/849). On this basis, we may process your contact information (email, phone number, address), details of your ID, and financial information such as bank account number or e-wallet ID. We are processing your data in order to conduct risk management on various stages of using Maxpay Services and to conduct fraud prevention in the course of merchant onboarding and its business activity.

    Please note that where you are acting on behalf of your organization in order for it to use Maxpay Services, you will need to provide us with the above information. Otherwise, we may not be able to provide the requested service to your organization.

    • Consent

    We can request from you a consent for data processing when we are required to do so by law or when we do not have another legal basis for processing of your data.

    For example, we rely on your consent when installing and using cookies as detailed in our Cookie Policy. Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time.

    How we protect your data

    We warrant and represent that Maxpay has implemented the technical and organizational security measures and technological development to ensure an appropriate level of security of personal data. Your data is protected by the means of physical, technical, and administrative resources to lower the risks of loss, misuse, unauthorized entry, disclosure, or alteration by a third party. To keep your data safe, we apply data encryption protection and an authorization control system, just to name a few.

    Maxpay is PCI DSS 1 V 4.0 certified. It means that when we act as a data processor in relation to personal data of the End-users of your organization in the course of providing Maxpay Services, we maintain all required technology, methods, and business processes to protect cardholder data, and also use such technology and methods as regards the security of your personal data.

    We monitor our systems 24/7, and our staff is always ready to respond to your notifications and queries within a short time.

    When Maxpay acts as a data processor on behalf of your organization, our specific obligations, including sub-processing, breach notification, and assistance with data subject requests, are strictly governed by the Data Processing Agreement (DPA) executed between Maxpay and your organization.

    Password security

    To ensure the security of your data and the data of the End-users of your organization, you shall also maintain the confidentiality of your password from the Maxpay account. You are recommended to sign out of the Maxpay account when you have finished working with it. In any case, responsibility for any loss of passwords and misuse of the Maxpay account by third parties lies with you and your organization.

    How we share your data

    Maxpay warrants that it will not share or disclose your personal data or the data of the End-users of your organization to any third party, except as specified in this Privacy Notice, our Cookie Policy, the contract between Maxpay and your organization, or where there is a legal requirement for data transfer.

    You should be aware that if you provide your consent to third-party cookies, this data will be transferred to the respective service providers, as detailed in our Cookie Policy integrated herein.

    Maxpay, during its business activity, is entitled to transfer personal data to third parties who may use such information only for the limited purpose of providing services to clients and who are obligated to keep the information confidential. These persons include our professional advisers and contractors (such as lawyers, accountants, auditors, IT consultants, management consultants, and bank acquirers), who are under a professional and contractual obligation to maintain confidentiality. It is our responsibility to ensure that the data we share is compliant with the conditions of processing and is shared securely. For the purpose of clarity, Maxpay's cooperation with its advisers and contractors is based on the service agreements that contain a data protection section and confidentiality obligations.

    Maxpay may disclose your personal data or data of End-users in response to requests from courts or other government bodies to comply with legal obligations or to protect our rights. However, Maxpay will consult with you or your organization before making any disclosures of such personal data, unless prohibited by the specific request or if your organization has previously authorized such disclosures in the contract. Maxpay will reject any requests that are not legally binding.

    When you share data with us as a data processor

    If your organization transfers to us any personal data of its End-users, officers, representatives or any other natural persons, it shall be obliged to obtain prior consent or have other legal grounds for the collection, retention, use and processing of data and for transferring it to Maxpay. Your organization shall ensure the security of the data it transfers to Maxpay.

    As a data controller, to the extent that your organization processes End-users’ personal data, it is required under privacy laws to honor End-users’ requests for data access, portability, correction, deletion, and objections to processing. In case a data subject directly contacts us with a request to exercise their individual rights under GDPR or with another claim on data protection, we will direct such data subject to your organization as data controller. Nevertheless, we will assist it by providing all necessary information or by other means envisaged by applicable law.

    Your organization assumes full liability for failures to meet the GDPR in cases when it is envisaged by this Privacy Notice or the GDPR.

    How long do we retain your data?

    We store your data for as long as it is reasonably necessary for the limited purpose of providing Maxpay Services and complying with the applicable laws and regulations, in particular:

    • Contact, and Exhaustive personal information – for at least five (5) years from the day of termination of the relationship with Maxpay;
    • Financial information – for at least ten (10) years from the end of the financial year to which they refer. VAT-related records and evidence of all expenses are kept for at least six (6) years from the end of the year to which they relate;
    • Access and Technical information – retained for as long as necessary to ensure network and information security, after which it is securely deleted in accordance with our internal Data Retention and Destruction Policy;
    • Cookies – retention varies based on the type of cookie and is detailed in our Cookie Policy.

    Please also note that we will protect the confidentiality of the personal data during the entire retention period and will not actively process the personal data if such processing is not necessary anymore.

    Your rights as a data subject

    When we act as a data controller, you have the following rights for personal data that we have about you:

    The right to access any personal data that Maxpay processes about you. You can also obtain a copy of the personal data we retain about you.

    You can ask us to erase or delete all or some of your personal data (e.g. if it is no longer necessary to provide Maxpay Services). Nevertheless, we may be obliged to store your data longer for the purpose of compliance with the Card Schemes Rules, for taxation, accounting, and other purposes envisaged by applicable law. Considering that fraudsters may use such an opportunity, we have to properly authenticate you before we fulfil your request to delete or erase data.

    You can ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate. If you identify any discrepancies in your personal data, please contact us so that we can correct them promptly. Maxpay strives to ensure that the personal data we collect is accurate, complete, and up-to-date.

    You have the right to data portability, meaning you can request to receive your personal data in a structured, commonly used, and machine-readable format, or have it transmitted directly to another controller.

    How you can access or change your personal data

    Maxpay Platform users may simply log in to their account and change profile settings at once. If the type of data you want to update or edit is not visible or editable in your profile settings, you can contact us and request that we update or edit the relevant data.

    We implement mechanisms, such as automated data integrity checks, to minimize any inaccuracies in the personal data we process.

    If your personal data was transferred to third-party data processors, they will be notified of any editing or deletion of your personal data.

    • You can request that we stop using all or some of your personal data or limit our use of it in certain situations. This includes cases where we are relying on legitimate interests as the basis for processing, if you believe the personal data is inaccurate, if you think the processing is unlawful, or if it is necessary to establish, exercise, or defend a legal claim.
    • If we process your data based on your consent, you have the right to withdraw your consent at any time. Please read the Cookie Policy for more details.
    • If you are not satisfied with how Maxpay handles your personal data or wish to raise a complaint regarding the processing of your personal data, please contact our Data Protection Office at dpo@maxpay.com.

    To make a request or ask about your rights, please contact us using the contact information above.

    You shall also have the right to lodge a complaint with the local data protection authority in Malta. Contact details of the Information and Data Protection Commissioner can be found under the following link: https://idpc.org.mt/

    Cross-border transfers

    For the purpose of providing your organization with Maxpay Services, we may engage third-party service providers outside the EU. For example, we may share your personal data or data of End-users with Maxpay contractors in Ukraine that provide services to us, including billing, payment processing, customer support, marketing, security and performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, verifying customer information, and data processing. We may also share personal data of End-users with the Maxpay service providers based in the USA. In addition, we may transfer your data to the USA if you give us your consent to third-party cookies, as detailed in our Cookie Policy.

    Data protection laws in third countries may differ from EU laws, and there is currently no adequacy decision from the European Commission for Ukraine. For transfers to the USA, we rely on the EU-US Data Privacy Framework or other approved safeguards. Before transferring your data outside the EU, we will ensure compliance with relevant data protection laws and internal policies to protect your personal data. In the absence of an adequacy decision or applicable framework, we use European Commission-approved Standard Contractual Clauses, which are binding commitments by the data importer to safeguard the privacy and security of personal data. The last edition of the Standard Contractual Clauses is available under the following link:

    https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN

    You shall have the right to request from us a list of service providers to whom we transfer your data outside the EU.

    When your organization acts as a data controller, it shall inform the End-users about the risks of cross-border transfers and obtain their consent or have other legal grounds for that.

    Automated decision-making

    You should be aware that we do not make automated decisions regarding you based on your personal data. All decisions regarding you using your personal data are made manually. In addition, please note that Maxpay does not make automated profiling based on your data. At the same time, such profiling can be made by our third-party service providers specified in the Cookie Policy, to which we transfer your data if you provide your consent to third-party cookies.

    How this Privacy Notice may be changed

    We can amend this Privacy Notice at any time by the means of publishing a revised edition on the Maxpay Website. If you are a user of the Maxpay Platform or Maxpay Services, you will be notified of any substantial changes. The revised version will be in effect immediately and will be noted by an updated date at the end of this Privacy Notice. Your organization is entitled to terminate the agreement with Maxpay if it does not agree to any changes. By continuing to use Maxpay Services, you accept the changes.

    Data breaches

    We ensure that we have all the necessary technologies and methods to prevent, detect, and investigate a personal data breach. In case of any data breach (including any unauthorized or accidental access), we will make our best efforts to send a notification of becoming aware of the breach as soon as possible. If your Personal Data was transferred to third-party data processors, they will be notified of a data breach as well.

    Please feel free to contact our Data Protection Officer at dpo@maxpay.com to exercise any right you have as a data subject, raise a complaint, or ask any other questions regarding data processing.

    Privacy Notice last modified on 26 March 2026

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