Terms of Use

These terms of use (“Terms of Use”) is a contract between you and Todaypay Technology Limited (“TodayPay”) and governs your access to the website of TodayPay at (“Site”), including all sub-pages on this website, and use of any services of TodayPay (“TodayPay Service”). If you are an individual, you must be above eighteen (18) years of age and competent to contract under the applicable laws to access or use the TodayPay Service. If you are a merchant or business, your business must be validly organised and operating legally in the jurisdiction where TodayPay has operation in order to use the TodayPay Service.

By visiting the Site, logging on to or using the TodayPay Service, you shall be presumed to have read the Terms of Use (which includes the Merchant On-Boarding Policy and Grievance Redressal Policy, which are separately put up on the Site) and unconditionally and irrevocably accepted the terms and conditions set out therein.

The Terms of Use may be revised or altered by us at our sole discretion from time to time, and the latest Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use, such as through a notice on our Site. However, you are responsible for periodically reviewing these Terms of Use and check for such changes.

1. TodayPay Service

TodayPay is a payment aggregator, processing, consolidating and reconciling payments paid to, or received from, various digital payment channels across the world into a single integrated payment solution product. Our one-stop, locally integrated payment solution allows our merchant clients to collect and make payments from and to their customers and users through a multitude of local and international digital payment methods, such as digital wallets, credit and debit cards, and bank transfers. You may subject to these Terms of Use and other related agreements integrate such relevant payment features into your website or application.

2. Use of the TodayPay Service

· 2.1 If you are a merchant or business:

· (a) you should refer to the Site for our integration and registration process in relation to a merchant account. You may apply for a merchant account with us, subject to provision of all required documents, signing a separate contract, and submitting a merchant application form to us. These Terms of Use are deemed to be incorporated into the contract between you and TodayPay;

· (b) you shall apply for on-boarding which is subject to Know Your Customer (KYC) and Enhanced due diligence (EDD) requirements as specifically stated in the Merchant On-Boarding Policy or other related agreements;

· (c) you must report any suspicious customers or transactions upon detecting a risk of the same, and cease making the service available to individuals and businesses. You shall cooperate with TodayPay including assisting us on all inspections for suspicious activities and other risk assessments and monitoring. Any failure or delay to justify the authenticity or reasonability of the transactions may result in suspension of the settlement payouts or services.

· 2.2 If you are using the TodayPay Service on behalf of a company, partnership, association, government or other organization (“Organization”), you warrant that you are authorised to do so and that you are authorised to bind your Organization to the Terms of Use. In such circumstances, 'you' or ‘user’ will include your Organization.

· 2.3 Without prejudice to other provisions of the Terms of Use and subject to the country specified terms as set out below, you may not use the TodayPay Service for activities that:

· (a) violate any law, statute, ordinance or regulation;

· (b) relate to transactions involving (i) certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vi) items that are considered obscene, (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (viii) certain sexually oriented materials or services, (ix) ammunition, firearms, or certain firearm parts or accessories, or (x) certain weapons or knives regulated under applicable law;

· (c) relate to transactions that (i) show the personal information of third parties in violation of applicable laws, (ii) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler's checks or money orders, (vii) involve currency exchanges or check cashing businesses, (viii) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (ix) involve offering or receiving payments for the purpose of bribery or corruption; or

· (d) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

· 2.4 You undertake that you shall, during the use of the TodayPay Service, be in compliance with the mandates of Financial Action Task Force on Money Laundering (“FATF”) and local Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) supervisor institutions and acknowledges that the you have not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the Specially Designated List.

3. Risk Factors

3.1 Technical Risk. While the TodayPay Service has been extensively tested and TodayPay maintains technology-risk management and business-continuity arrangements, the TodayPay Service may experience unforeseen outages or bugs beyond TodayPay’s reasonable control. Should this occur, TodayPay will take remedial steps to restore functionality as promptly as practicable.

3.2 Risk of Reliance on Third Parties. The TodayPay Service relies, in whole or partly, on third-party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the TodayPay Service.

3.3 Regulatory Risk. While every effort has been taken to ensure that the TodayPay Service are compliant with local laws, it is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the TodayPay Service. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting TodayPay Service. Regulatory actions could negatively impact TodayPay in various ways, and thus the TodayPay Service may not be available to users in certain jurisdictions.

3.4 Taxation Risk. It is possible that your intended treatment of the TodayPay Service may be challenged by tax authorities. You must seek your own tax advice in connection with the TodayPay Service provided by TodayPay, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value-added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.

4. Ownership and Intellectual Property Rights

4.1 The TodayPay Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. TodayPay, our affiliates, licensors, or our service providers own all legal right, the title, interest, copyright and other worldwide intellectual property rights in the TodayPay Services and all copies of the TodayPay Services improved, updated, upgraded, modified, or customized and any software or documents provided to you as part of or in connection with the TodayPay Service, including, without limitation, all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. In addition, this Terms of Use does not grant you any rights to the intellectual property rights in the TodayPay Service.

4.2 Unless you have agreed otherwise in writing with TodayPay, nothing in the Terms of Use gives you a right to use any of TodayPay’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

4.3 Unless you have been expressly authorised to do so in writing by TodayPay, you agree that in using the TodayPay Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

5. Data Security (with respect to a merchant or business)

5.1 Password Security. In order to access the TodayPay Service, you will be required to provide your name and email address and to create a password. You are responsible for keeping the electronic device through which you access the TodayPay Service safe and maintaining adequate security and control of any and all security details that you use to access the TodayPay Service. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password-protected. TodayPay assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of TodayPay and/or failure to follow the requirements set out in the Terms of Use, or follow or act on any notices or alerts that we may send to you.

5.2 Loss and Compromise. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your TodayPay account by third parties and the loss or theft of stored value held in your TodayPay account and any associated accounts, including your account(s) with any third-party payment portal(s) and linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

5.3 Shared Access. You should never allow remote access or share your computer screen with someone else when you are logged on to your TodayPay account. TodayPay will never under any circumstances ask you for your passwords or to screen-share or otherwise seek to access your computer or TodayPay account. You should not provide your details to any third party for the purposes of remotely accessing your TodayPay account. Always log into your TodayPay account through the Site to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice.

5.4 Security Breach. If you suspect that your TodayPay account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or TodayPay (together a “Security Breach”), you must notify TodayPay as soon as possible (using the contact details under “General Provisions” below) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

5.5 Safety and Security of Your Computer and Devices. TodayPay is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus-screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and you should use care in reviewing messages purporting to originate from us.

6. TodayPay’s Rights

6.1 Prohibited Use. Without prejudice to other provisions under this Terms of Use and subject to clause 2 above, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your PayeMax account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your TodayPay account is associated with a prohibited use.

6.2 Suspension. TodayPay may suspend and restrict your access to any or all the TodayPay Service if:

· (a) we are so required by a court order or binding order of a government authority;

· (b) we reasonably suspect you of using your TodayPay account in connection with a prohibited use;

· (c) use of your TodayPay account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;

· (d) our service partners are unable to support your use of the TodayPay Service;

· (e) if you are a merchant or business, your KYC credentials are found to be ingenuine or fake;

· (f) if you make incorrect or untrue disclosure of the nature of your business, resulting in a merchant category code violation;

· (g) you take any action that TodayPay deems as circumventing its controls, including, but not limited to, opening multiple TodayPay accounts; and/or

· (h) breach of any of the provisions under this Terms of Use.

6.3 No advice. TodayPay makes no representation or warranty, express or implied, to the extent not prohibited by applicable laws, regarding the advisability of using any of the TodayPay Service. The past performance of the TodayPay Service is not a guide to future performance. TodayPay does not offer fiduciary services and is not your agent, advisor or fiduciary.

6.4 Not an Offering. The content of the Site and the TodayPay Service do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities or any other financial instruments; the content or the Site and the Services also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any jurisdiction in which such an offer or solicitation is not authorised or permitted, or to any person to whom it is unlawful to make such offer or solicitation.

7. Liability and Indemnity

7.1 Limitation on Liability. Subject to the overall provisions stated above, you expressly understand and agree that in no event shall TodayPay, its affiliates, and its or their licensors or service providers be liable to you for:

· (a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, charges or expenses which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of profits, any loss of data or other information suffered, business interruption, cost of procurement of substitute goods or Services, loss of privacy arising out of or in any way related to the use of or inability to use TodayPay Service or other intangible loss;

· (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the TodayPay Service;

· (c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the TodayPay Service;

· (d) your failure to provide TodayPay with accurate registration data or KYC documents;

· (e) your failure to keep your password or account details secure and confidential, or:

· (i) you erroneously direct us to submit payment instructions multiple times;

· (ii) you direct us to submit the wrong amount;

· (iii) you direct us to submit a payment instruction for a wrong person; or

· (iv) you provide us with incorrect or incomplete information.

7.2 In the event of any jurisdiction does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as listed above in clause 7.1 may not apply.

7.3 If you are a merchant or business, you shall ensure that, among others, all industry requisite approvals, licenses and registration in accordance with all applicable laws, rules, regulations, guidelines in force from time to time, have been obtained and are kept in full force and effect to enable you to offer your products for sale.

7.4 Indemnity. You agree to indemnify and hold TodayPay, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions (including, without limitation, lawyer’s and experts’ fees) or other proceedings as a result of:

· (a) fraud, negligence and wilful misconduct by you in the use of the TodayPay Service;

· (b) violation of applicable laws, rules or regulations in the use of the TodayPay Service and/ or in the conduct of your business or in relation to any information available as part of the TodayPay Service, including but not limited to the legal provisions mentioned thereafter;

· (c) breach of the confidentiality obligations under these Terms of Use; your wrongful or improper use of the TodayPay Service and breach of any third party rights;

· (d) disputes raised by your customer in relation to a transaction where such dispute is not attributable to the TodayPay Service;

· (e) penalties, fines, charges, or any other actions as a result of breach or violation of any your representations and warranties; and

· (f) fines, penalties and charges imposed by the acquiring bank, card payment networks or any governmental authority on account of transactions on the website or platform or the use of personal information or data that are in violation of applicable law.

8. Complaints and Dispute Resolution

8.1 If you have a dispute with TodayPay, you agree to contact TodayPay through our support team in first instance to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the TodayPay support team, you agree that the dispute will be resolved in the manner described immediately below.

8.2 Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms of Use resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

8.3 Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and shall in no circumstances be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

8.4 Any Dispute arising out of or in connection with these Terms of Use (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of [1] arbitrator. The language of the arbitration shall be English.

9. Privacy and Disclosure

For information about the way in which we collect, process and share your personal information, please refer to our Privacy Policy, the full text of which is accessible on the website of TodayPay (/cn/terms/).

10. General Provisions

· 10.1 Contacting TodayPay

· To give us notice under these Terms of Use, or if you have feedback or general questions, please contact us via our user support at service@TodayPay.com. When you contact us you may need to provide some information we may need to identify you, your TodayPay account(s), and the matter or transaction in relation to which you are contacting us.

· 10.2 No Warranty

· We, our affiliates, our licensors, and our service providers do not represent or warrant, express or implied, that the TodayPay Service will operate without interruption or will be error free. Especially in the following cases:

· (a) modification or alteration of the TodayPay Service made without the prior written approval of TodayPay;

· (b) accident, neglect, misuse or abuse, or

· (c) exposure to conditions outside the range of the environmental, power and operating specifications provided by TodayPay.

· The TodayPay Service are provided on an as is and as available basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the TodayPay Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

· 10.3 Availability

· The TodayPay Service and the Site may be temporarily unavailable from time to time for maintenance or other reasons. TodayPay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. TodayPay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Services. Under no circumstances will TodayPay be responsible for any loss or damage, including any loss or damage to any user of content of the TodayPay’s website, financial damages or lost profits, or loss of business, resulting from anyone's use of the TodayPay Service and the Site, any user content or third-party content posted on or through the TodayPay Service or the Site or transmitted to users, or any interactions between users of the TodayPay’s website, whether online or offline.

· 10.4 Accuracy of content on the TodayPay’s website

· Although we intend to provide accurate and timely information on the Site, the website (including, without limitation, its content) may not always be entirely complete or current. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies and TodayPay Service.

· Links to third-party materials (including without limitation any websites) are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Site.

· 10.5 Assignment

· You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including without limitation to any TodayPay affiliates or subsidiaries, or to any successor in interest of any business associated with the TodayPay Service. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that TodayPay is acquired by or merged with a third-party entity or undergoes a change of control, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

· 10.6 TodayPay’s Role

· TodayPay only acts as payment aggregator providing the TodayPay Service only. We do not (i) act as an escrow agent with respect to any funds kept in your account; (ii) act as your agent or trustee; (iii) enter into a partnership, joint venture, agency or employment relationship with you; (iv) have control of, nor liability for, the products or services that are paid for with the TodayPay Service; (v) guarantee the identity of any buyer or seller; (vi) ensure that a buyer or a seller will complete a transaction; (vii) determine if you are liable for any taxes, or unless otherwise specified, collect or pay any taxes that may arise from your use of the TodayPay Service.

· 10.7 Force Majeure

· We will not be liable for failure to perform under the Terms of Use as a result of any event of force majeure including, not be limited to acts of god, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the payment system providers performance.

· 10.8 Confidentiality

· You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential (“Confidential Information”) that he may learn on the website or through the services. You shall hold such Confidential Information in confidence and shall not disclose Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this clause would cause irreparable harm and that we shall be entitled to seek equitable relief from such breach. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify TodayPay and cooperate fully with TodayPay in protecting such information to the extent possible under applicable law.

· 10.9 No Waiver

· The failure of TodayPay to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

· 10.10 Severability

· If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

· 10.11 Termination

· We may terminate or suspend use of the TodayPay Service at any time in our discretion, with notification to you. Upon any termination for any reason, we shall have no liability to you and no further obligations under the Terms of Use.

· Any termination of the Terms of Use does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the payment system providers, in accordance with the terms of the separate contact between you and TodayPay in relation to your merchant account.

· 10.12 Governing Law

· These Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations.

· 10.13 Survival

· The following provisions of these Terms of Use shall survive termination of your use or access to the TodayPay Service and the Site: the sections concerning Intellectual Property, Liability and Indemnity, Complaints and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the TodayPay Service and the Site.

11. Country Specified Provisions

The following additional or amended terms shall apply to you if you are a user in the relevant jurisdiction specified below.

· 11.1 India

· Without prejudice to other provisions under the Terms of Use, in connection to clause 2 “Use of the TodayPay Service”, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

· (a) belongs to another person and to which you do not have any right to;

· (b) is harmful to children;

· (c) infringes any patent, trademark, copyright or other proprietary rights;

· (d) violates any law for the time being in force;

· (e) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

· (f) impersonates another person;

· (g) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

· (h) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; and

· (i) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

· 11.2 Indonesia

· If the TodayPay Service is used or accessed from within Republic of Indonesia, then the following supplemental terms are incorporated into the Terms of Use by reference and shall apply and override any conflicting provisions in the Terms of Use:

· (a) Governing Language. These Terms of Use 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.

· (b) 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 access the Services or to register for an account on the Services.

· (c) Waiver. For the purpose of termination and/or dissolution and/or rescission of the Terms of Use, 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 Terms of Use.

 

 


Todaypay, operated by TodaypayTechnology Limited (“Todaypay”, “we”, “our” or “us”), acts as a payment aggregator facilitating payment processing (“Todaypay Service”) for our customers (the “merchants”). During this payment processing, Todaypay will need personal information to process specific transactions. This Todaypay Privacy Policy describes how we collect, use, store and disclose personal information.

Todaypay may process personal information of the following categories of individuals in the provision of Todaypay 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 Todaypay Service; and

· (c) visitors that log on or use our website /.

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 Todaypay Service is governed by the Todaypay Terms of Service, which describes in more detail the Todaypay Service covered by this Privacy Policy. Capitalized terms not defined in this Todaypay Privacy Policy shall have the meaning ascribed to them in the Todaypay 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 Todaypay Service

· • When you make an inquiry about our Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay Service to that merchant, and where permitted by law to others for the purpose of providing Todaypay 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 Todaypay Service, such as your transaction information with the licensed payment service provider or bank as necessary to provide Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay Privacy Policy or our privacy practices, or to report any violations of the Todaypay Privacy Policy, please contact us at: dpo@Todaypay.vip.

Changes to This Privacy Policy

We may revise this Todaypay 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 Todaypay 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 Todaypay 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 Todaypay 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 Todaypay’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.

 


术语表

缩写术语
EDD深入尽职调查
KYC了解您的客户
RBI印度储备银行
UNSC联合国安理会
UNSCR联合国安理会决议

政策简介

制定本商户入驻政策(以下简称“政策”)是为了明确公司与海外商户合作时应执行的程序的最低要求,其中涵盖与商户尽职调查、报告和记录管理相关的方方面面,力求与银行在这方面的要求保持一致。 本政策的有效实施由公司合规和运营团队负责。

政策目标

本政策适用于公司的所有员工,旨在实现以下目标:

  • 1. 建立一个合适恰当的商户入驻流程、程序和控制的框架;

  • 2. 定期审核本政策和程序,确保其有效性;

  • 3. 商户入驻程序将遵循规定商户入驻流程的政策。

商户入驻

尽职调查

  • 公司在一开始就应该筛查商户名称,以及商户授权的行政人员/股东/受益所有人是否列入如下名单:

    • 1. RBI 公布的制裁名单

    • 2. 商家各自地理位置的制裁名单

    • 3. 公司维护的负面商户名单

    • 4. 花旗银行公布的任何其他制裁名单

    • 公司也不得接受被列入受限名录(根据附录 1 所列)的商户

  • 公司还应在可用负面名单基础上筛查客户的申请名称/品牌名称。通过筛查,接受商户申请后,公司应继续推进在其平台上建立商户入驻的流程。为此,公司应获得商户的必要身份证明文件,以及与商户业务性质、财务状况的信息和其他相关详细信息。因此,公司应准备适当的入驻登记表,概述需要提供的信息以及证明文件,还应取得商户正式填写登记表的副本。

  • 公司应对商户开展背景和既往历史核查,确保上述商户没有欺骗客户的任何恶意,也不会出售虚假服务等。根据商户的风险类别,公司将对高风险商户开展增强版尽职调查。

  • 需要商户提供的信息和文件应包括(应根据国家/地区特定法规要求进行定制):

    • 1. 商户的身份和地址详细信息,包括证明文件

    • 2. 章程文件(公司注册证书、备忘录和公司章程或与特定国家/地区相关的其他文件)

    • 3. 营业执照/登记证

    • 4. 监管机构颁发的证书/许可证(如有)

    • 5. 税务登记证

    • 6. 股权明细

    • 7. 董事详情

    • 8. 董事会授权其官员代表其进行交易的决议

    • 9. 简要说明商户的业务

    • 10. 和公司签署的商户入驻协议

    • 11. 证明商户银行账户明细的银行对账单或其他文件

    • 12. 其他相关信息

  • 公司应确保根据商户经营实体的类型,收集上述文件。举个例子,当地和全球对有限责任合伙、私人有限公司、信托等机构的客户文件的要求各不相同,公司应确保符合上述要求。

  • 公司应根据与花旗银行就此事先达成的条款,核实从商户处收到的所有信息。

持续尽职调查

  • 公司应对商户开展持续尽职调查,确保其交易符合自己对商户、商户业务和风险类别以及资金来源的认知。监控调查的范围应该与商户风险类型相符。

  • 为此,公司应该监控如下交易类型:

    • 1. 与交易模式不符的可疑交易,包括但不限于交易速度、交易量和阈值检查

    • 2. 特定国家/地区多个或单个商户对不同国家/地区的交易突然激增

    • 3. 欺诈举报案件或行为、信息共享方面的任何不合规行为

    • 4. 对被认定为高风险客户的客户进行更严格的监控

    • 5. 监控公司/个人的负面新闻

    • 6. 网关级别检查

    • 7. 退款案件增加

记录管理

作为合同的一部分,公司应确保按照与花旗银行约定的条款维护、保存和报告商户信息。

  • 定期更新

    • “定期更新”是指按本地和全球主管机构的规定,或按照与花旗银行达成的条款,定期审查现有记录,确保根据尽职调查流程收集的文件、数据或信息保持最新而且相关。

  • 记录更新

    • 根据公司进行的定期风险评估,公司应审核建立商户关系时所得到的文件,并取得商户更多更新的文件。

报告要求

公司应按照与花旗银行的预定安排确定的格式收集、汇总并向花旗银行报告所有与交易和商户有关的必要数据和信息,以便继续向上述有关主管、监管机构报告。

政策审查

公司将至少每年审查一次本政策,如果业务经营发生任何重大变化,将根据需要更快对本规定进行审查。本政策的所有更新/变更都将定期传达给相关人员/相关各方。

附录 1

网上商户:不得列入考虑的负面类别 — 表 I

序号类别
1成人商品和服务,包括色情和其他性暗示材料及相关草药产品(包括文学作品、片剂、注射剂、疫苗接种图像和其他媒体);陪游或卖淫服务;色情或非法网站的网站访问和/或网站会员资格
2身体部位,包括器官或其他身体部位
3批量营销工具,包括电子邮件列表、软件或其他支持未经请求发送电子邮件(垃圾邮件)的产品
4有线电视解码器和黑盒,包括用于免费获取有线电视和卫星信号的设备
5儿童色情制品,包括涉及未成年人的色情材料
6版权解锁设备,包括改装芯片或其他旨在规避版权保护的设备
7受版权保护的媒体,包括书籍、音乐、电影和其他许可或受保护材料的未经授权的副本
8受版权保护的软件,包括软件、视频游戏和其他许可或受保护材料(包括 OEM 或捆绑软件)的未经授权的副本
9冒牌及未经授权的商品,包括复制或仿造的设计师商品;没有名人代言但通常需要代言的商品;假签名、假邮票和其他可能未经授权的商品
10毒品和吸毒用具,包括非法毒品和毒品配件,包括鼠尾草和迷幻蘑菇等草药
11药物测试规避辅助工具,包括药物清洁剂,尿液测试添加剂和相关物品
12濒临灭绝的危险物种,包括动植物或其他生物(包括产品衍生物)
13政府身份证或文件,包括伪造的身份证、护照、文凭和贵族头衔
14黑客行为和破解材料,包括实现非法访问软件、服务器、网站或其他受保护财产的手册、操作指南、信息或设备
15非法商品,包括宣传非法商品或促成非法行为的材料、产品或信息
16攻击性商品,包括符合如下条件的文献、产品或其他材料:
a. 基于种族、族裔、民族、宗教、性别或其他因素诽谤或诋毁任何个人或群体
b. 鼓励或煽动暴力行为
c. 助长仇恨情绪
17冒犯性物品、犯罪,包括犯罪现场照片或与罪犯有关的物品,比如与罪犯有关的个人物品
18处方药或草药或任何类型的在线药房,包括需要获得执业许可的执业医生开具处方的药物或其他产品
19烟火装置、易燃物、腐蚀性物品和危险材料,包括爆炸物、烟花爆竹和相关物品;有毒、易燃、放射性材料和物质
20管制商品,包括安全气囊;含汞电池;氟利昂或类似物质/制冷剂;化学/工业溶剂;政府制服;车标;车牌;警察徽章和执法设备;开锁装置;农药;盖戳机;召回商品;老虎机;监视设备;受政府或其他机构规范监管的货物
21烟草和香烟,包括香烟、雪茄、咀嚼烟草和相关产品
22交通设备,包括雷达探测器/干扰器、车牌盖、交通信号改变器和相关产品
23武器,包括火器、弹药、刀具、指节铜环、枪支零件和其他武器
24批发货币,包括打折货币或货币兑换
25不符合联邦、州、地方或国际所有适用法律和法规(包括印度法律)的任何产品或服务
26商户提供的、有可能使银行/转账 和/或支付服务提供商处于不利境地和/或容易造成持卡人在收到账单时表现出购买和拒绝态度(如成人材料/成熟内容/陪游服务/交友),从而导致退款和欺诈损失的服务
27法律完全禁止的业务,例如,博彩与赌博/出版物或可能被当局解释为导致道德败坏或颓废,或煽动种姓/社区紧张局势,彩票/抽奖和博弈游戏的内容
28批量营销工具,包括电子邮件、名单、软件或其他支持未经请求发送电子邮件(垃圾邮件)的产品
29基于 Web 的电话/短信/文本/传真服务或电话卡。带宽或数据传输/相关服务。语音处理/知识处理服务
30邮件列表
31多层次营销收费/矩阵网站/传销
32与禁止从事的任何形式的烟花制作或服务活动相关的业务
33直发/直运