1.1. The controller and the basis on which we collect your personal data
Phoenix Payments Ltd (registered number: C 77764) with its legal office at 5th Floor, Valletta Buildings, South Street, Valletta, VLT1103, Malta (“we”, “us”) are committed to protecting your information and respecting your privacy.
- INFORMATION WE COLLECT
2.1 Information We Collect From You
We may collect and process the following data about you:
- Your full name, address, email address, telephone number, date of birth and bank or payment card details and any proof of your identity and/or address that we may require;
- Correspondence that you send us;
- Calls that we make to you or you make to us;
- Surveys that you complete;
- Information collected through cookies;
- Your IP address, log-in times, operating system ad browser type;
- Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access whilst visiting our Website.
2.2 Information We Collect from Third Parties about You
In order to fulfil our legal obligations to prevent fraud and money laundering, we will obtain information about you from third party agencies, including your financial history, court judgments and bankruptcies, from credit reference and fraud prevention agencies when you open an Account and at any time when we feel it is necessary to prevent fraud and minimize our financial risks.
- AUTHORISATION TO AND PURPOSES OF THE PROCESSING
By accepting our Terms & Conditions, You authorize us to use information held in the following ways:
- to provide services that you have requested;
- to carry out instructions to make and receive payments and undertake transactions using our services;
- to notify Merchant about changes to our service(s);
- to comply with financial services regulations including retention of financial information and transactions;
- for financial and identity checks, fraud prevention checks, anti-money laundering and credit checks;
- for customer service, including answering questions and responding to feedback and complaints;
- to enhance the security of our services;
- to provide you with information, products or services that are requested from us or which we feel may be of interest
- SECURITY AND RETENTION
We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure of information we have physical, electronic and managerial procedures in place to keep your information safe.
However, this high level of protection can only be effective if you follow certain security practices yourself. You must never share your Merchant Account or login details with anyone. If you are concerned that any of your login details have been compromised, you can change them any time once you are logged on but you should always also immediately contact Customer Services and tell us why you think your login details have been compromised. Details of how to contact Customer Services are available from the “Contact” section of the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We are by law required to retain certain records for a period of at least five years after closure of your Merchant Account which will include your personal data. Otherwise, we will delete and destroy all personal data that we hold about you when you (or we) terminate your Merchant Account.
- RECIPIENTS OF DATA
5.1 Acquirers and Third Party Service Providers
When you open a Merchant Account and at any other time we feel it is necessary to do so to protect our financial interests and prevent money-laundering or fraud, we share certain information about you and your Merchant Account, financial history and transactions as part of our normal business operations with our acquirers, identity verification service providers and credit reference agencies to identify and verify users, to limit our exposure to fraud and other criminal activities and to manage our financial risk.
5.2. Other recipients
We may also disclose your personal information to:
- the police, other lawful enforcement body, regulatory body or court if we are under a duty to disclose or share your personal data , or to protect the rights, property, or safety of ourselves or our group companies, our customers, or others;
- third parties who referred you to us initially and to whom we owe a commission payment as a result of the referral. Where the commission payment is based on transaction volumes, numbers or types of transactions, we may share that information with that third party.
- COMMUNICATING WITH YOU
We may contact you by email to the primary email address registered with your Merchant Account or by telephone to the contact telephone numbers you have provided when registering for your Merchant Account. You can change your primary email address and/or contact telephone number at any time. You may also receive system-generated transactional emails such as confirmation of uploads, notification of receipt of payments, notification of password changes etc. which are necessary for the proper operation and administration of your account.
Phishing is the name given to attempts to steal personal details and financial account details from a website user. “Phishers” use fake or “spoof” emails to lead users to counterfeit websites where the user is tricked into entering their personal details, such as credit card numbers, user names and passwords. WE WILL NEVER SEND EMAILS ASKING YOU FOR SUCH DETAILS AND OUR STAFF WILL NEVER ASK YOU FOR YOUR PASSWORD. If you do receive such an email or are asked for your password by anyone claiming to work for us please forward the email or report the incident by email to our Customer Services.
- LINKS TO OTHER WEBSITES
Our Website may, from time to time, contain links to and from the websites of our partner networks. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
- UPDATING YOUR INFORMATION
If your personal details (such as your name, address, or telephone number) change you must update your details by contacting Customer Services via the “Contact” section of the Website as soon as you can. We shall not be liable for any loss arising out of your failure to keep your personal details up to date.
- YOUR RIGHTS
9.1. Right of access
You have the right to access information that we hold about you, such as the purposes of the processing, the categories of personal data concerned, the recipients to whom your data have been or will be disclosed, and the envisaged period for which your data will be stored. To do so, please contact us at the address given at the end of this policy. Access may be subject to a fee of up to €10.
9.2. Right to rectification
You have the right to have your incomplete personal data completed and to obtain from us without undue delay the rectification of your inaccurate personal data.
9.3. Right to erasure (‘right to be forgotten’)
9.3.1. You have the right to obtain from us the erasure of your personal data without undue delay where:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw consent on which the processing is based according to the clause “Termination of the contract” as laid down in the Terms & Conditions;
- The personal data have been unlawfully processed;
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
9.3.2. However, Paragraph 9.3.1 shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject
- for achieving purposes in the public interest or statistical purposes in respect of the principle of data minimisation;
- for the establishment, exercise or defence of legal claims.
9.4. Right to restriction of processing
9.4.1. You have the right to obtain from us restriction of processing where:
- the accuracy of the personal data is contested, for a period enabling us to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of your personal data and request the restriction of their use;
- we no longer need your personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims.
9.4.2. Where processing has been restricted under Paragraph 9.4.2., your personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for reasons of important public interest of the Union or of a Member State.
9.5. Right to data portability
You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to have your personal data transmitted directly from us to another controller, where technically feasible.
9.6. Right to object
9.7. Right to lodge a complaint
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the supervisory authority of the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes your rights.
A cookie is a small amount of data which contains information that is downloaded to the device from which you access our site. Cookies are useful because they allow us and other websites to recognize your device. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. For example, they can allow you to navigate between web pages of our site and remember your preferences such as your language selection.
10.2 Types of Cookies and Consent
- Strictly necessary cookies – These are cookies which are essential for our site to operate such as those which identify you so you can log into your Merchant Account. They allow you to move around our website and use the services you have requested. These cookies will be activated when you enter our site and as you use our site.
- Compliance cookies – These include cookies which are necessary to assist in meeting our regulatory compliance obligations, such as antimony laundering and anti-fraud obligations, and prevent your Merchant Account from being hijacked. These cookies will be activated when you enter our site and as you use our site.
- Performance cookies – These are cookies that help us to improve how our site works and to deliver a better service to you. For example, they will assess which pages you visit most often or if you get an error message. All information collected by these cookies is aggregated and therefore anonymous.
- Functionality cookies – These cookies allow us to deliver a more personalized service to you and allow our site to remember choices you have made such as the language you prefer or the region you are in.
- Third Party cookies – When you visit a page on our site with content embedded from third parties, for example, YouTube or Twitter, cookies may be downloaded onto your device. We do not set or control these cookies. If you are concerned about the types of cookies that may be downloaded you check the third party websites for more information about these cookies. We may use other cookies from time to time in accordance with this policy. By using our sites and other online services, you acknowledge that we may use some or all of the cookies as set out above and you agree that we can place Performance and Functionality Cookies on your device when you use our site. If you do not agree to this you should cease using our sites and online services or adjust your browser settings. Please see section 10.3 below.
10.3 Blocking Cookies
As a Merchant Account holder, you will occasionally receive information by email from us, unless you have chosen not to receive such communication, about products, services and special deals which we think may be of interest to you via our newsletter. You can change whether or not you receive newsletters from us in any newsletter email by clicking on the appropriate ‘opt-out’ link. Please note that you will still receive communication regarding your Merchant Account. From time to time we do share aggregated information about our customers’ use of our website and services with other companies for research and analysis purposes, but you cannot be identified from this aggregated information.
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