Last updated: May 6, 2024 This Privacy Policy contains important information about your personal data and we encourage you to read it carefully.Welcome We provide payment processing through the internet to government organizations and other enterprises. People utilize our services to make purchases, and businesses of all sizes rely on our technology and services to collect payments, deliver payouts, and run their operations online. PayTekSoft wants to be clear about how we use the Personal Data provided to us. This Privacy Policy (“Policy”) describes the “Personal Data” that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Policy also outlines your data subject rights, including the right to object to some uses of your Personal Data by us. Please visit the PayTekSoft Privacy Center for more information about our privacy practices. “PayTekSoft”, “we”, “our” or “us” means the PayTekSoft entity responsible for the collection and use of Personal Data under this Privacy Policy. It differs depending on your jurisdiction. “Personal Data” means any information that relates to an identified or identifiable individual, and can include information that you provide to us and that we collect about you, such as when you engage with our Services (e.g. device information, IP address). “Services” means the products and services that PayTekSoft indicates are covered by this Policy, which may include PayTekSoft-provided devices and apps. Our “Business Services” are Services provided by PayTekSoft to entities (“Business Users”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Business Users’ own business and activities. Our “End User Services” are those Services which PayTekSoft provides directly to people (rather than entities) for their own use. “Sites” means PayTekSoft.com, mypaytek.com and the other websites, apps and online services that PayTekSoft indicates are covered by this Policy. Collectively, we refer to Sites, Business Services and End User Services as “Services”. Depending on the context, “you” means End Customer, End User, Representative or Visitor:
Depending on the activity, PayTekSoft acts as a “data controller” and/or “data processor (or service provider)” and for more information about this and on the PayTekSoft entity that is responsible under this Policy, see below.
1. Personal Data that we collect and how we use and share it Our collection and use of Personal Data changes depending on whether you are acting as End User, End Customer, Representative or Visitor and our different Services. For example, if you are the sole owner of a business (i.e., sole proprietorship), we may collect Personal Data to onboard your business, but you may also be an End Customer that purchased goods from another Business User or government agency that uses PayTekSoft’s Services for payment processing and you may also be an End User who uses our portal to make those purchases. “Transaction Data” as used in this Privacy Policy includes Personal Data, and may include the following: your name, email address, billing address, shipping address, payment method information (such as credit or debit card number, bank account information or payment card image selected by you), merchant and location, purchase amount, date of purchase, and in some cases, some information about what you have purchased and your phone number and past purchases.1.1 End Users We provide End User Services where we do not act as a service provider or processor to Businesses but instead provide the Services directly to you for your personal use. We provide more information about our collection, use and sharing of Personal Data in our Privacy Center, including the legal bases which we rely on for using (processing) your Personal Data.a. Personal Data that we collect about End Users
b. How we use and share Personal Data of End Users
1.2 End Customers PayTekSoft offers Business Services to our Government agencies and Business Users (e.g. payment processing through in-person or online checkout, or processing pay-outs for those Business Users). When we are acting as a Government agencies or Business User’s service provider (also known as a data processor), we will process Personal Data in accordance with the terms of our agreement with the Government agencies or Business User and the Business User’s lawful instructions (e.g. when we process a payment for a Business User because you bought a product from them) or they instruct us to send funds to you. Business Users are responsible for making sure that their End Customers’ privacy rights are respected, including ensuring appropriate disclosures about data collection and use that happens in connection with their products and services. If you are an End Customer, please refer to the privacy policy or notice of the Business User you choose to do business with for information regarding their privacy practices, choices and controls. a. Personal Data that we collect about End Customers
b. How we use and share Personal Data of End Customers To provide our Business Services to our Business Users, we use Personal Data, and share Personal Data of a Business User’s End Customers with the Business User. Where allowed, we also use End Customers’ Personal Data for PayTekSoft’s own purposes to secure, improve and provide our Business Services and prevent fraud, loss and other harms as described below.
1.3 Representatives To provide Business Services, we collect, use and share Personal Information from Representatives of Business Users (e.g. a business owner). We provide more information about our collection, use and sharing of Personal Data herein. a. Personal Data that we collect about Representatives
b. How we use and share Personal Data of Representatives We generally use Personal Data of Representatives to provide the Business Services to the associated Business Users, as well as for the purposes described herein.
1.4 Visitors We collect, use and share Personal Data of Visitors (who are not End Users, End Customers or Representatives). We provide more information about our collection, use and sharing of Personal Data in this Privacy policy. a. Visitor Personal Data that we collect When you visit our Sites, we will receive your Personal Data either from you providing it to us or through our use of cookies and similar technologies. See our Cookie Policy.
b. How we use and share visitor Personal Data
2. More ways we collect, use and share Personal Data In addition to the ways we collect, use and share Personal Data that are described above, we also process your Personal Data as follows: a. Personal Data Collection
b. Personal Data Usage. In addition to the Personal Data usage described above, we use Personal Data in the following ways:
c. Personal Data Sharing. In addition to the ways described above, we share Personal Data in the following ways:
Compliance and Harm Prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, (ii) to comply with rules imposed by a payment method in connection with use of that payment method (e.g. network rules for Visa, Mastercard, American express, etc); (iii) to enforce our contractual rights; (iv) to secure or protect the Services, rights, privacy, safety and property of PayTekSoft, you or others, including against other malicious or fraudulent activity and security incidents; and (v) to respond to valid legal process requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.
3. Legal bases for processing data For the purposes of the General Data Protection Regulation, we rely upon a number of legal bases to enable our processing of your Personal Data. a. Contractual and Pre-Contractual Business Relationships. We process Personal Data for the purpose of entering into business relationships with prospective Business Users and End Users and to perform the respective contractual obligations with them. Activities include:
b. Legal Compliance. We process Personal Data to verify the identity of individuals and entities in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as "Anti-Money Laundering ("AML") and Know-Your-Customer ("KYC")" obligations, and financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law and may require us to report our compliance to third parties, and to submit to third party verification audits. c. Legitimate Interests. Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes for which we have a legitimate interest in processing your data:
d. Consent. We may rely on consent to collect and process Personal Data as it relates to how we communicate with you and for the provision of our Services. When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn. 4. Log Files and Cookies Policy PayTekSoft follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
5. GDPR Privacy Policy (Data Protection Rights). We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure – You have the right to request that we erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. 6. Your rights and choices You may have choices regarding our collection, use and disclosure of your Personal Data: a. Opting out of receiving electronic communications from us If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, (i) we retain the right to communicate to you regarding the services you receive (e.g. support and important legal notices) and (ii) our Business Users may still send you messages and/or direct us to send you messages on their behalf. b. Your data protection rights Depending on your location and subject to applicable law, you may have the following rights described here with regard to the Personal Data we control about you:
You may have additional rights regarding your Personal Data under applicable law. For example, see Jurisdiction-specific provisions section under California below. c. Process for exercising your data protection rights To exercise your data protection rights please also see the PayTekSoft Privacy or contact us as described below. 7. Security and retention We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. To help us protect Personal Data, where you have an account with PayTekSoft, we encourage you to use a strong password, protect that password from unauthorized use and not use the same log-in credentials (e.g. password) for your PayTekSoft accounts as you do with other services or accounts. If you have reason to believe that your interaction with us is no longer secure (e.g. you feel that the security of your PayTekSoft account has been compromised), please contact us immediately. We retain your Personal Data as long as we are providing the Services to you or our Business Users (as applicable) or for a period during which we reasonably anticipate providing the Services. Even after we stop providing Services directly to you or a Business User with which you are doing business, and even if you close your PayTekSoft account or complete a transaction with a Business User, we may retain your Personal Data:
In cases where we keep Personal Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. 8. Updates and notifications We may change this Policy from time to time to reflect new services, changes in our privacy practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes are effective the latter of when we post the revised Policy on the Services or otherwise provide notice of the update as required by law. We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, if you are an End User or Representative, by contacting you through your PayTekSoft Dashboard, email address and/or the physical address listed in your PayTekSoft account. 9. Jurisdiction-specific provisions
10. Contact us If you have any questions or complaints about this Policy, please contact us. If you are an End Customer (i.e. an individual doing business or transacting with a Business User), please refer to the privacy policy or notice of the Business User for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly. 10. ConsentBy using our website, you hereby consent to our Privacy Policy and agree to its terms.
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