This Privacy Policy applies between you, the User of this Site and Payink Ltd, the owner and provider of this Site. Payink Ltd takes the privacy of your information very seriously.
This Privacy Policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Site.
Please read this Privacy Policy carefully.
DEFINITIONS AND INTERPRETATION
1. In this Privacy Policy, the following definitions are used:
Customers
Means the customers of the Client that the Client may serve directly by using the Services and Documentation.
Data
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; and (v) any other applicable data protection legislation.
Payink Ltd, we or us
Payink Ltd, a company incorporated in England and Wales with registered number 12877470.
Site
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.
2. In this Privacy Policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Privacy Policy;
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;
f. the headings and sub-headings do not form part of this Privacy Policy.
Scope of this Privacy Policy
3. This Privacy Policy applies only to the actions of Payink Ltd and Users with respect to this Site. It does not extend to any websites that can be accessed from this Site including, but not limited to, any links we may provide to social media websites.
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.
Data collected
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).
in each case, in accordance with this Privacy Policy.
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;
in each case, in accordance with this Privacy Policy
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.
b. ERP / practice management providers that you use.
c. Direct input of information in relation to your Customers by your employees or contractors.
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;
in each case, in accordance with this Privacy Policy.
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).
Use of Cookies and other tracking technologies
15. We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.
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: contact@payink.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:
Data retention
21. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfill the purposes outlined in this Privacy Policy or until you request that the Data be deleted.
22. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
23. In some regions, you have rights that allow you greater access to and control over your personal information.
GDPR Rights
24. USERS AND CUSTOMERS 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.
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: contact@payink.com.
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
29. This Site may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This Privacy Policy does not extend to your use of such websites. You are advised to read the Privacy Policy or statement of other websites prior to using them.
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
31. Payink Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Payink Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
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.
General
34. You may not transfer any of your rights under this Privacy Policy to any other person. We may transfer our rights under this Privacy Policy where we reasonably believe your rights will not be affected.
35. If any court or competent authority finds that any provision of this Privacy Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Policy will not be affected.
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.
Changes to this Privacy Policy
38. Payink Ltd reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Site and you are deemed to have accepted the terms of the Privacy Policy on your first use of the Site following the alterations.
01 March 2023