You warrant that when you act as data controller you obtain prior consent from your Clients to collect, use and process their personal data by Maxpay, including consent to transfer personal data to the third countries. If you disclose personal data without your Client’s proper consent, you are responsible for that unauthorized disclosure.
As a data controller, to the extent that you process Client’s personal data, you may be required under privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. In case data subject directly contact us with a request to exercise his individual rights under GDPR or with another claim on data protection, we will direct such data subject to you as data controller. Nevertheless, we will assist you by providing all necessary information or by other means envisaged by applicable law.
In some cases, when you use Maxpay Hosted payment page (HPP) allowing you to accept card payments through Maxpay payment page, we and you jointly determine to process cardholder data for the purposes of our cooperation. In such case, we are joint data controllers and bear several liability for data protection infringements. Your and ours obligations and responsibilities will be allocated in the data protection agreement with you.
When we collect personal data of merchant’s officers, we act as data controller, therefore we are subject to controller’s rights and obligations under applicable data protection laws.
When you visit Maxpay or use its services, we gather information provided by your computer, mobile phone, or other viewports. This info includes data about pages you visit, your IP-address, device information, type of operating system, your location, web and mobile network data, and some other minor details. Note that we also gather information about your activities with the site or service and keep track of your issued transactions.
Furthermore, in case you access your Maxpay account or use any of the Maxpay’s services, the following type of data might be gathered:
Pay attention to the fact we may also acquire information related to you provided by third parties like credit agencies and services for person verification. We do not collect any extra data but only that information that is necessary for the purpose of providing Maxpay Services to you.
Maxpay website and services collects your personal data and activities with the system in order to safeguard you from scam, fraud, and misuse of any private data you might share. If your working station or mobile device has any malware, the system can notice that and take applicable measures.
Additional information about you might be gathered in some other way, as through your contacting our Customer Support hotline, taking part in surveys, etc.
You should be aware that the processing of your personal data is necessary for the performance of a contract with Maxpay to which you are the party and this ground shall be considered as a lawful basis for processing of your personal data by Maxpay within the meaning given by General Data Protection Regulation (GDPR). The main goal of gathering your personal data is to deliver effective, scalable, smooth, and personalized Maxpay experience. Hence, personal data we collect might be used to:
We warrant and represent that Maxpay has implemented the technical and organisational 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, misusage, unauthorized entry, disclosure, or alteration by a third party. To keep your data safe we apply firewall and data encryption protection and physical authorization control system, just to name a few. As Maxpay is PCI DSS 1 V3.2 certified, 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 24x7 and our staff is always ready to respond to your notifications and queries within a short time. Maxpay warrants and represents that:
We will notify you of any personal data breaches (including any unauthorized or accidental access) without undue delay after becoming aware of a personal data breach.
To ensure the payment process runs smoothly, some of your personal information may be shared with a company or entity you cooperate with. Your registration date, number of payments you have issued/received via Maxpay, info whether you have an authorized control over a bank account – all that information might be showed to Maxpay users you work with at the moment. In addition, this information can be displayed to third parties in case you let them access your Maxpay account.
You shall maintain the confidentiality of your password from Maxpay account. You are recommended to sign out of the Maxpay account when you have finished work with it. In any case responsibility for any loss of passwords and misuse of Maxpay account by third parties lay with you.
Maxpay warrants that it will not disclose your personal data to any third party (excluding Maxpay’s contractors who may use such information only for the limited purpose of providing services to you and who are obligated to keep the information confidential).
If you transfer to us any personal data of your users, clients or contractors you shall be obliged to obtain prior consent for the collection, retention, use and processing of data by you and for transferring it to Maxpay.
Note you can review, update, and edit your personal information at any time. Simply log in to your account and change profile settings at once. You can also close your account using the Maxpay site. You have the right to temporary mark your profile as restricted by using relevant option in your Maxpay account. That means it should no longer be visible to the back office staff. You have the right to delete your personal data by contacting us. However, personal information of your account may be used further in order to track any unpaid fees, unresolved disputes, prevent from scam, or be used for any other activity if such required by law. We keep your data during the term of the contract with Maxpay and delete it if it is no longer needed or if the law doesn't require otherwise.
If your personal data was transferred to third-parties data processors they will be notified of any editing or deletion of your personal data.
When you visit Maxpay Site or Maxpay Platform, a small cookie file might be placed on your computer or mobile device. We will analyze data from the cookies and use it to improve quality of our services, track your activities with Maxpay, keep your account safe.
We may use your Data for as long as reasonably necessary for the limited purpose of Maxpay Services, as determined by Maxpay in its reasonable discretion or for the purpose to comply of with technical and legal requirements related to the security, integrity and operation of Maxpay Services. After the termination of the agreement between Maxpay and you, you may request deletion of your Data. We are able to delete your Data or information within ninety days. Please be aware that applicable law may prevent us from returning or destroying all or part of the personal data or require storage of the personal data for some period. In which case we will protect the confidentiality of the personal data and will not actively process the personal data anymore.
When we act as data controller, you have the following rights for personal data that we have 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 Services to you). Nevertheless we may be obliged to store your data longer for purpose of compliance with Card Shames rules, taxation and accounting purposes as envisaged by applicable law. Considering that fraudsters may use such opportunity we have to properly authenticate you before we fulfill your request.
You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate. You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).You can obtain a copy of your personal data we retain about you.
You may contact us using the contact information below to make the request or ask us about your rights.
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.
We can process your personal data to fulfill our contractual obligations. We rely on contract as a legal basis to process personal data submitted by merchant in case it is an individual or if it transfers personal data of its officers. Processing of data of your personal data is necessary to provide you with Maxpay Services. We cannot provide merchant with payment gateway services without carrying out of KYC procedure or business risk assessment.
You acknowledge and agree that your personal data may be transferred to the countries situated outside EU when it is necessary for the conclusion or performance of a contract concluded in your interest between us and another legal person.
We may 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 which are the part of our Services or which are transparent, expectable and are the stable business practice. For example, to:
Please note that in most cases, if you do not provide the requested information, Maxpay will not be able to provide the requested service to you, e.g. our support cannot reach you in case of emergency without collecting your e-mail address or phone number.
If we process your information based on our legitimate interests as explained above, or in the public interest, 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.
We can request from you a consent for processing when we required to do so by law or when we do not have another legal basis for processing of your data. Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time.
We do not rely on consent in common cases, because the right to withdraw a consent can be used for fraudulent activity. This would jeopardize the financial stability of Maxpay, reliability and integrity of Maxpay Services, thereby harming all legitimate parties in the payment process.
In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.
For the purpose to provide you and your Clients with Maxpay Services we can engage the third-party service providers outside the EU. In such case personal data may be transferred outside the EU, including to the United States. Data protection law of third countries may be different from EU data protection laws and not guaranty adequate level of security. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that personal data remains protected.
We use European Commission-approved Standard Contractual Clauses as a legal mechanism for data transfers from the EU. These clauses are contractual commitments between companies transferring personal data, binding them to protect the privacy and security of the data. Maxpay does not participate in Privacy Shield at this time. Nevertheless, we rely on the EU-US Privacy Shield to transfer personal information to some of our third party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.
When you act as data controller you shall inform your Clients about risks of cross-border transfers and obtain their consent for that.
We ensure you that we have all necessary technologies and methods to prevent, detect and investigate a personal data breach. In case of any data breach we will endeavor 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-parties data processors they will be notified of data breach as well.
Pease feel free to contact our Data Protection Officer to: