DEFINITIONS AND INTERPRETATION
Means the customers of the Client that the Client may serve directly by using the Services and Documentation.
Collectively all information that you submit to Payink Ltd via the Site. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.
Data Protection Lawsmeans (i) the UK's Data Protection Act 2018 (as applicable); (ii) the General Data Protection Regulation 2016/679 (the “GDPR”); (iii) any UK data protection legislation replacing or adopting the GDPR in the UK as applicable, (iv) Schrems II judgement (“Schrems II”) on the applicability of the EU:US Privacy Shield Framework for personal data transfers; (v) California Consumer Privacy Act (“CCPA”) applicable to residents of California, United States of America; and (vi) any other applicable data protection legislation.
Payink Ltd, we or us
Payink Ltd, a company incorporated in England and Wales with registered number 12877470.
The website that you are currently using https://payink.com, https://client.payink.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
User or Client or you
Any third party that accesses the Site and is not either (i) employed by Payink Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Payink Ltd and accessing the Site in connection with the provision of such services.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, Payink Ltd is the "data controller". This means that Payink Ltd determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you or your Customers:
a. User name;
b. User contact information such as email addresses and telephone numbers;
c. User passwords / credentials;
d. Customer name;
e. Customer contact information such as email addresses and telephone numbers;
f. Customer bill amount;
g. Customer matter reference; and
h. Customer payment data (all Customer payment data is stored by your payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions).
How we collect Data?
6. We collect Data in the following ways:
a. data is given to us by you;
b. data is received from other sources; and
c. data is collected automatically.
Data that is given to us by you
7. Payink Ltd will collect your Data in a number of ways, for example:
a. when you use the Site, by telephone, e-mail or through any other means;
Data that is received from third parties
8. Payink Ltd will receive Data about you or your Customers from the following third parties:
a. Payment Processors that you use for processing payments with your Customers.
Data that is collected automatically
9. To the extent that you access the Site, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Site. This information helps us to make improvements to Site content and navigation, and includes your IP address, the date, times and frequency with which you access the Site and the way you use and interact with its content.
Our use of Data
10. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. setting up payment plans for your Customers;
c. Customer analytics visible to you on the Site;
11. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests.
12. WE DO NOT SELL CLIENT OR CUSTOMER DATA TO ANY THIRD PARTIES.
13. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
Keeping Data secure
16. We aim to protect your personal information through a system of organisational and technical security measures. We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our is at your own risk. You should only access the services within a secure environment.
17. We will use technical and organisational measures to safeguard your Data, for example:
a. any of our group companies or affiliates - to ensure the proper administration of our services;
b. we apply user access rights adhering to the ‘least privilege basis’ principle;
c. we store User and Customer Data on secure AWS servers;
d. sensitive User and Customer Data is encrypted;
e. secure payment pages are hosted in Payment Card Industry Data Security Standard (“PCI DSS”) compliant environment(s);
f. Customer payment details are tokenized by the Payment Processor using SSL technology;
18. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: email@example.com.
Transfer of Data internationally
19. OTHER THAN IN EXCEPTIONAL CIRCUMSTANCES, WE DO NOT TRANSFER, STORE, AND PROCESS CLIENT OR CUSTOMER DATA IN COUNTRIES OTHER THAN YOUR OWN.
20. We keep User Data and Customer Data fully segregated based on the location of our Clients and their Customers:
a. For our Clients located in the United States of America (the “USA”), we keep any relevant Data on secure AWS servers in the USA.
b. For our Clients located in the European Economic Area (the “EEA”) or the United Kingdom (the “UK”), we keep any relevant Data on secure AWS servers in Ireland.
22. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
23. In some regions, you have rights that allow you greater access to and control over your personal information.
24. USERS AND CUSTOMERS IN THE EEA / UK HAVE THE FOLLOWING RIGHTS IN RELATION TO THEIR DATA:
a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase - the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
e. Right to data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
California Consumer Rights
25. USERS AND CUSTOMERS IN CALIFORNIA HAVE THE FOLLOWING RIGHTS IN RELATION TO THEIR DATA:
a. Right to access - the right to request access to information collected from or about them;
b. Right to correct and right to erase - the right to request information be edited or deleted;
c. Right not to be discriminated - the right to not be discriminated against based on actions taken regarding their data;
d. Right to opt out - the right to opt out of the sale of their personal information.
How to contact us?
26. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
27. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
28. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Do we collect information from minors?
30. We do not knowingly solicit data from or market to children under 18 years of age. By using the Site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
Changes of business ownership and control
32. We may also disclose limited Data to a prospective purchaser of our business or any part of it.
33. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
36. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
37. This Agreement will be governed by and interpreted according to the law of England. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English courts.
01 December 2020