Last updated on September 22, 2022
Acceptance of Terms
This section sets out the terms and conditions (these “Terms”) of your access to https://www.payermax.com (the “Site”), including all sub-pages on the Site, which are operated by PMmax Technology Limited (“PMmax”) or where you may use or have access to the services provided by PMmax (the “Service”). If you are an individual, you must be above eighteen (18) years old and competent to contract under the applicable laws to access or use the Service. If you are a merchant or business, your business must be validly organised and operating legally in the jurisdiction where PMMax has operation in order to use the Service. By accessing the Site, you are agreeing to these Terms.
We may amend these Terms at any time by posting an updated version. The updated version of these Terms shall take effect immediately upon posting. Each time you access the Site, you confirm that you agree to be bound by these Terms as may be amended from time to time.
Your Use of the Site
You may use the Service to facilitate payments in connection with your online purchases for products or services concluded on or through e-commerce websites, apps or other platforms. For the avoidance of doubt, PMmax doesn’t provide a payment service to you. PMmax provides technical support to payment methods or funding channels provided by the banks, e-wallet service providers or other payment service providers with which you have opened account or registered services (“Your Payment Service Providers”). PMmax is not acting as a trustee, fiduciary or escrow with respect to your funds and it does not have control of, nor liability for, the products or services that are paid for using the Service, including the provision, use or condition of such products or services.
If you are using the Service on behalf of a company, partnership, association, government or other organization, you warrant that you are authorized to do so and that you are authorized to bind your organization to these Terms. In such circumstances, 'you' or ‘user’ will include your organization.
Your Responsibilities
You will use the Site in good faith and in compliance with all applicable laws and regulations. The information and material you provide in connection with the use of the Site must be true, lawful and accurate, and is not false, misleading or deceptive.
You shall not use the Site to defraud PMmax, our affiliates or other members or users, or service providers, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law). You shall not use the Site for any illegal activities or in a manner that may result in complaints, disputes, claims, penalties or other liability to PMmax, other users or third parties or may be regarded as an abuse of the Site.
If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may suspend or restrict your access to the Site.
Transmitting Over the Internet
Due to the nature of the Internet, transactions conducted or messages sent through this Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. Under no circumstances shall PMmax be held liable for any failure in the communication networks, or the accuracy or timeliness of messages and transactions sent via the Site whatsoever.
Disclaimers
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy or completeness. Whilst we have taken care in preparing the content and information contained on this Site, such content and information are provided "as is" without warranty of any kind, whether express or implied. In particular, no warranty about non-infringement, security, accuracy, fitness for a purpose or absence of computer viruses is given in connection with such content and information.
To the full extent permitted by law, PMmax and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Site.
Privacy
You agree that we may collect, hold, use and transfer your personal data in accordance with the PayerMax Privacy Policy.
Trademark and Copyright
Any and all intellectual property rights associated with the Site https://www.payermax.com are the sole property of PMmax, our affiliates or third parties.
We and other parties (as applicable) own the trademark, trade names, graphics, logos, icons and service marks (the “Trademark”) that are used or displayed on this Site. You are not allowed to use any Trademark used or displayed on this Site without our or such other parties' prior written permission.
Materials on this Site are protected by copyright. You are not allowed to modify, reproduce, store in a retrieval system, transmit, copy or distribute these materials (or any part of them), or use them for creating derivative works or in any other way for commercial or public purposes without our prior written consent.
You may print off one copy, copy and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on the Site for commercial purposes.
Suspension and Termination
PMmax may establish general practices and limits concerning use of the Site. PMmax reserves the right to change, suspend, discontinue or restrict access to all or any part of the Site at any time, including hours of operation or availability of the Site or any Site feature, without notice and without liability.
General
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”).
These Terms act as general policy which is applied to you in relation to the Service. In the event of any conflict between these Terms and other special policies issued by PMmax, the provisions of the other policies shall govern and control.
Last updated on July 19, 2021
PayerMax, operated by PMmax Technology Limited (“PayerMax”, “we”, “our” or “us”), acts as a payment aggregator facilitating payment processing (“PayerMax Service”) for our customers (the “merchants”). During this payment processing, PayerMax will need personal information to process specific transactions. This PayerMax Privacy Policy describes how we collect, use, store and disclose personal information.
PayerMax may process personal information of the following categories of individuals in the provision of PayerMax Services:
- (a) individuals employed or associated with merchants, such as representatives, suppliers or end-users;
- (b) vendors or business partners or individuals employed or associated with such organisations that assist us in the provision of PayerMax Service; and
- (c) visitors that log on or use our website https://www.payermax.com/.
We collectively refer to the individuals listed above as “you” in this Privacy Policy.
We process the personal information of end-users of merchants on behalf of the merchants. We are not responsible for and have no control over the privacy or security practices of the merchants, which may differ from those explained in this Privacy Policy. If your personal information has been submitted to us by or on behalf of the merchants and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly.
Your use of PayerMax Service is governed by the PayerMax Terms of Service, which describes in more detail the PayerMax Service covered by this Privacy Policy. Capitalized terms not defined in this PayerMax Privacy Policy shall have the meaning ascribed to them in the PayerMax Terms of Service.
Information we collect and how we use it
Sources of information
We process personal information that you provide to us in a number of ways, including:
- • When you make or receive a payment from the merchants who using PayerMax Service
- • When you make an inquiry about our PayerMax Service or otherwise interact on our website
- • When you interact with us by telephone, email and other electronic communication
- • When you attend an event with us or a third party we are working with or sign up to receive publications from us
- • When we onboard you as a merchant and interact regarding our service
- • When you provide services to us or seek to provide such services
We may also process your personal information from third-party sources as necessary for the provision of PayerMax Service. We may obtain this information from your organisation, from public sources or third parties, depending on the relevant circumstances. For example, we may obtain certain personal information about you from:
- • Third-party licensed payment provider or bank, such as your transaction information, as necessary to provide PayerMax Service; or
- • third parties, such as government agencies, information service providers, or from publicly available records to carry out due diligence and other legally required compliance checks, such as those related to knowing your customer (KYC), anti-money laundering (AML) and Specially Designated Lists.
Type of personal information
When you use our website or when we interact with you to provide PayerMax Service or to receive services from you as a vendor, the personal information we receive, collect and process may include:
- • Contact information, such as your name, email, phone number, billing address.
In addition to the information listed above, we may collect information about the transaction from you depending on which payment method you choose to make or receive a payment, including:
- • Bank card information such as the name on the card, card type, card number, card verification value, and expiration date, or the information about the account you open with other licensed payment channels to process the payment;
- • Identification information, such as your ID number or tax number, Customer ID generated by merchants to verify the process the transactions or conduct anti-money laundering and/or fraud prevention checks;
- • Transaction information, such as amount and time of transaction, currency and language you used;
We collect the following personal information from your device when you use PayerMax Service to carry out data analysis for advertising, and to protect you from fraud, phishing or other misconduct:
- • IP address, app version, system version and type, device model, system language, network type, carrier, android ID, Mac address, IMEI, advertising identifier number and browser system.
You may provide your personal information to us voluntarily. However, there are circumstances in which we may not be able to assist you, or an organization with which you are associated, unless you provide us with your personal information. For example, your personal information may be required for legally required compliance checks, for security and other reasons to allow you to access PayerMax Service. In these cases, without the relevant personal information, we may be unable to assist you, and we would inform you that this is the case.
We do not knowingly collect personal information from or about children under the age of 18. If you are under 18, please do not use PayerMax Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as soon as possible. If you believe that a child under 18 may have provided us personal information, please contact as using details provided in section 8 below.
Legal justification for our use of your personal information
We may process your personal information in connection with any of the purposes set out above on one or more of the following legal grounds:
- • To perform our obligations under a contract with you or your organization;
- • To comply with our legal obligations, as well as to keep records of our compliance processes or tax records;
- • To pursue our legitimate interests, or those of a third-party recipient of your personal information, provided that those interests are not overridden by your interests or fundamental rights and freedoms. Specifically, we have legitimate interests in promoting and marketing our services to existing and potential customers, in maintaining customer accounts for efficient operation of our business, in keeping our information, trade secrets and confidential data safe and secure, in handling complaints and claims to protect our business; or
- • Based on your consent to process your personal information in that manner.
Information we share
We will only share your personal information with third parties in the following circumstances:
- • A merchant. If we have collected your personal information in the course of providing PayerMax Service to that merchant, and where permitted by law to others for the purpose of providing PayerMax Service. For example, when you make a purchase or transaction with that merchant, we make certain personal information about you available to the merchant you purchase from or transact with;
- • Licensed payment service provider. We may exchange certain personal information about you to enable the provision of PayerMax Service, such as your transaction information with the licensed payment service provider or bank as necessary to provide PayerMax Service;
- • Third parties providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, or similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal information is shared;
- • Courts, law enforcement authorities, regulators, government officials or other competent authorities where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, including in order to protect the legitimate rights and interests of you and others. Such disclosures may be necessary for us to comply with mandates from FATF and local AML/CFT requirements. We may provide your Customer ID, contact information, and any other transaction information to competent authorities;
- • Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as licensed payment service providers, cloud storage providers; and/or
- • Prospective sellers or buyers of any of our business or assets to which we might assign or novate any of our rights and obligations; in such case we may disclose your personal information to the prospective seller or buyer of such business or assets.
Any information you provide directly to a third-party merchant, website or application is not covered by this PayerMax Privacy Policy. We are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly. We encourage you to review the privacy policies of any third party to whom you choose to share your personal information directly.
The personal information we collect may be transferred to and stored outside of the country you use PayerMax Service for the purposes specified in this Privacy Policy. For example, we store all of our data, including personal information, with AWS in Singapore.
Any international transfers of your personal information will be made according to appropriate safeguards under the applicable laws and regulations. If you wish to enquire further about these safeguards used, please contact us using the details set out in section 8 of this Privacy Policy. We may transfer your personal information outside of the country where you use PayerMax Service, and where we do so we will protect personal information as required by applicable laws.
How long do we keep your personal information?
Your personal information will be retained only for as long as necessary for the purposes for which the information was collected, except where necessary to meet our legal obligations (for example, in relation to KYC/AML requirements) or to establish, exercise or defend potential legal claims or to pursue our legitimate interests.
Your rights
Your rights will depend on the laws which apply to you and us, but you may have:
- • the right to obtain access to your personal information,
- • to have your personal information we hold rectified or deleted,
- • to restrict our processing of that information,
- • to object to our processing of personal information,
- • to have your personal information transferred to you or another organisation, and
- • to lodge a complaint with a relevant data protection authority.
Where you have provided us with consent for the processing, you may be able to withdraw it. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations. To withdraw your consent or to exercise any of the rights above, if they are applicable, you should use our contact details set out in section 8 below.
We must ensure that your personal information we hold is accurate and up to date, where relevant. Therefore, please advise us of any changes to your information by emailing us.
Security
We are concerned about safeguarding the confidentiality of your information. We employ administrative, physical and electronic measures designed to protect your Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information are absolutely guaranteed to avoid unauthorized access or use of your information which is impenetrable.
Sensitive Information
We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to your e-wallet password, credit or debit card password, racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) through PayerMax to us, unless such information is required by us for legal compliance checks, such as KYC/AML.
Contacting Us
If you have any questions, complaints or comments about this PayerMax Privacy Policy or our privacy practices, or to report any violations of the PayerMax Privacy Policy, please contact us at: dpo@payermax.com.
Changes to This Privacy Policy
We may revise this PayerMax Privacy Policy from time to time to reflect any changes to the way how we process your personal information or changing legal requirements. The most current version of the policy will govern our use of your information. Please check back frequently to see any updates or changes. This Privacy Policy was last updated on the date provided at the top of this page.
Supplemental Terms
The following additional or amended terms shall apply to you if you are a user in the relevant jurisdiction specified below.
Brazil
Law No. 13,709/2018 (the Brazilian General Data Protection Law, aka “LGPD”) offers additional rights and regulations for individuals located in Brazil. Further to the information set out in sections 1, 5, 7, and 10 of this Privacy Policy, the following additional information applies to you if you are located in Brazil:
Minor’s Personal Information: We do not knowingly collect personal information from or about children and adolescents under the age of 18. If you are under 18, please do not attempt to use PayerMax Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child or adolescent under 18, we will delete that information as soon as possible. If you believe that a child or adolescent under 18 may have provided us personal information, please contact us.
Data subject’s requests: Under Article 18 of the LGPD, you have the following rights as data subject:
- • confirmation of the existence of processing activities;
- • access to your personal information;
- • correction of incomplete, inaccurate, or outdated personal information;
- • anonymization, blocking or elimination of unnecessary or excessive personal information or of information processed in noncompliance with the LGPD;
- • portability of your personal information;
- • elimination of your personal information processed with your consent;
- • information of the public and private entities with which we shared your personal information;
- • information on the possibility of not providing consent and on the consequences of the denial;
- • revocation of consent; and
- • petition against us before the National Authority for Data Protection (“ANPD”).
Indonesia
If the Services are used or accessed from within Republic of Indonesia, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
Consent from third parties. If you provide any personal data or information of third party individuals and/or parties, you represent and warrant that you have obtained the necessary consent to do so.
Data sharing. We will not share your information with third parties for any purposes other than the provision of PayerMax Service specified herein, without your consent.
Governing Language. These Privacy Policy are made in English and Indonesian language versions. In the event of any discrepancy between the English and Indonesian language versions, the English language version shall prevail.
Parental or Guardian Consent. If you are under the age of 21, you hereby represent that you had the consent of your parent or legal guardian to use the PayerMax Service.
Waiver. For the purpose of termination and/or dissolution and/or rescission of the Privacy Policy, we and you hereby waive the applicability of the provisions under Article 1266 of the Indonesian Civil Code, to the extent that the court order and/or decision would otherwise be required to validly terminate and/or dissolve and/or rescind the Privacy Policy.
Philippines
If the Services are used or accessed from within Philippines, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
Clause 1 (Information we collect and how we use it), add:
If you have provided us with personal information of third party individuals, you are required to obtain the individual's prior consent and you represent and warrant that you had or have their consent or are otherwise entitled to provide their personal information to us. By providing us with personal information of third party individual(s), you also warrant that the individual(s) is informed of and consents to the terms of this Privacy Policy.
Clause 3 (Information we share), combine bullets 3 and 5 as follows:
Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as local licensed payment service providers, cloud storage providers as well as companies providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, and companies providing similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal data is shared; and/or
Clause 5 (Your rights) insert following clause:
Where you have provided us with consent for the processing, you may be able to withdraw it. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations or for any of the purposes set out in this Privacy Policy where the processing of your personal information is not based on consent.
South Korea
If the Services are used or accessed from within South Korea, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:
After the purpose of processing of your personal information is achieved, your personal information will be transmitted to a separate database (or moved to a separate storage if your information is retained in a paper form) and retained for a certain period in accordance with PayerMax’s internal regulations and other applicable laws and regulations before it is destroyed. Your personal information relocated to a separated database will not be used for other purposes, unless it is required under the applicable laws and regulations. When destroying your personal information, we will take reasonable and technically feasible measures to make the personal information irrecoverable. For example, electronic files that contain personal information will permanently be deleted using a technical method that makes the files irrecoverable, and any other records, print-outs, documents or any other recording media will be shredded or incinerated.
Introduction of the Policy
This Grievance Redressal Policy (Policy) has been formulated to provide customers and merchants adequate facilities to lodge and escalate their grievances, concerns and queries with the Company and to provide a speedy and effective redressal mechanism for the same. The operations team of the Company will be responsible for effective implementation of this policy.
Objective of the Policy
The Policy has been prepared to achieve the following objectives:
- 1. To establish two distinct grievance redressal frameworks for the implementation of complaint receipt and redressal for the benefit of customers and merchants;
- 2. To provide adequate modes of lodging complaints with the Company;
- 3. To effect speedy and satisfactory redressal of complaints;
- 4. To establish an appropriate matrix of authorities for escalating grievances;
- 5. To ensure periodic reporting to ensure minimisation of complaints;
- 6. To regularly review the Policy and procedures herein to ensure its effectiveness.
Modes of lodging complaints (for merchants)
To lodge any compliance, details like on line queries form, Email, etc. will be available on the website page of the Company. And each merchant will be assigned an account manager to handle the queries or dissatisfaction from merchants. In case of any dissatisfaction, queries or feedback, merchants may contact the Company through the following modes:
| Mode | Contact details | Availability |
|---|
| Email | service@payermax.com | 24x7 |
Modes of lodging complaints (for customers)
To lodge any compliance, details like phone number (toll free number), Email, etc. will be available on the website page of the Company. In case of any dissatisfaction, queries or feedback, customers may contact the Company through the following modes:
| Sr. No | Mode | Contact details | Availability |
|---|
| 1 | Email | service@payermax.com | 24x7 |
| 2 | Online chat | Auto link in payment SDK | Working days and 9am-6pm |
Complaints resolution timelines
The Company shall endeavor to resolve all complaints and queries within the resolution timelines outlined below:
| Sr. No | Complaint type | Resolution timeline |
|---|
| 1 | Remittance related issues | 5 working days |
| 2 | Technical issues | 2 working days |
| 3 | Transaction related issues | 2 working days |
| 4 | Operational | 5 working days |
| 5 | Finance related issues | 7 working days |
| 6 | Terms of service | 7 working days |
| 7 | Refunds | 3 working days |
| 8 | Others | 7-10 working days |
The time proposed to be taken to dispose customer complaints
| Authority | Turn-around time for complaint resolution (From time of receipt of complaint) |
|---|
| Acknowledgement | Immediately |
| Level 1 Authority | Within 48 hours |
| Level 2 Authority | Within 7 days |
| Level 3 Authority | Within 30 days |
Reporting requirements
The Company shall collect, compile and report all such requisite complaint-related data and information to the bank in such format as may be outlined as per a pre-determined arrangement with Citibank for the purpose of onward reporting to such authorities, regulators.
Display of the Policy
The Company shall publicly display the Policy on the Company’s website/app.
Review of the Policy
The Policy will be reviewed at least annually, or earlier, if needed, in the event of any change in the regulatory framework or in business operations. All updates / changes to the Policy will be communicated to the relevant staff / relevant stakeholders on a periodic basis.
