Privacy Statement for Axcess Merchant Services Limited (www.axcessms.com)
Please contact us if you need a copy of this notice as of a particular date.
The following information applicable to all Axcess companies and is complemented by the specific provisions described in the section “Country Specific Notices”.
Axcess is committed to adequately protecting your personal data regardless of where it is processed and regardless of your location.
Axcess is the controller of personal information collected and processed for the Services, unless stated otherwise.
WHAT PERSONAL DATA DO WE COLLECT?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data from which the identity of the individual cannot be discerned (anonymous data).
We use different methods to collect data from and about you. Data is collected through the following:
When you use our website, we may collect, use, store and transfer the following data:
Information you give us while using our website. We may ask you to provide us with personally identifiable information while you use our website. This includes your full name, e-mail address, phone number and your website.
AUTOMATED TECHNOLOGIES OR INTERACTIONS.
We only collect the information that is required by us to start processing an application; further details may be taken as your application progresses.
TARGETED ONLINE ADVERTISING.
Some of the business partners that collect information about users’ activities on our websites or in our mobile applications may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behaviour or mobile application usage for purposes of targeted advertising.
Users may opt out of receiving targeted advertising on websites through participating members of the following organizations or programs:
USE OF PERSONAL INFORMATION
We only use your personal information to service your application and to improve our service to you. As part of our normal business operation, we do share some financial information with banks, card processing and verification services.
We will process your personal data in the following circumstances:
– enforce the terms of our website and Services.
– manage our everyday business needs, such as monitoring and analysing; and
– anonymise personal data to provide aggregated statistical data to third parties, for example to our clients.
Unless required by law, these organisations may not use your information for secondary purposes. Though we make every effort to preserve your privacy we may need to disclose personal information when required by law when we believe that such action is necessary to comply with current judicial proceedings, a court order or legal process. Otherwise, under no circumstances will information you provided to Axcess Merchant Services Limited be transmitted in any way to a third party without your prior consent.
AGGREGATE STATISTICAL INFORMATION
We may collect aggregated statistical information for purposes of improving our service and your experience with Axcess Merchant Services Limited. This data does not contain personally identifying information, such as your name or email address.
This web site may contain links to other websites; however, Axcess Merchant Services Limited is not responsible for the privacy practices or content of these external websites. We recommend you, our users, to be aware that when you leave our site to read the privacy statements of every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.
NOTICE TO OUR MERCHANTS
We may collect, use, and disclose certain personal data about your customers when acting as your service provider. You are responsible for making sure that your customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. You must comply with the personal data protection laws of your country of origin and of those countries in which you offer products or services and when processing and sending personal data to us in the context of using the Services and submitting transactions. If you entered into our Merchant Services Agreement, you are also responsible for compliance with the requirements set out in our Merchant Services Agreement and for the notification of your customers of the Mastercard and Visa Binding Corporate, including your customers’ right to enforce these rules as third-party beneficiaries.
DISCLOSURES OF YOUR PERSONAL DATA
We share your personal data with trusted third parties for the purpose of providing our Services and promoting our business, as follows:
RETENTION OF YOUR INFORMATION
We retain your personal data in an identifiable format for the least amount of time necessary to fulfil our legal or regulatory obligations and for our business purposes. We may retain your personal data for a longer period when there is a specific legal requirement to do so, for example in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, tax, regulatory or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Protecting your information and your privacy is extremely important to us. Being entrusted with some of your most valuable data, we have set high standards for data security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed, altered or disclosed in an unauthorised manner.
In addition, we limit access to your personal information to those employees and third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Notice relating to our operations in the European Union
Axcess is providing the following supplemental information for individuals whose personal information is collected or held by Axcess or any of its affiliated companies.
Where you are such an individual:
When processing personal data of data subjects who are in the European Union (EU) or in connection with Axcess, we will act either as data controller or data processor. When Axcess determine the purpose and the manner of processing of your personal data, Axcess is deemed to be a data controller. Axcess will apply a similar approach to protecting your data whether acting as a data processor or a data controller.
Instruction on the processing of your Personal Data after your death. For data subjects in France or if your data is processed by Axcess, you have the right to issue general or specific instructions regarding the fate of your Personal Data after your death, in accordance with the terms of Article 85 of French Law No. 78-17.
You have the possibility to contact the French Data Protection Authority (CNIL) if you consider that your rights relating to the protection of your personal data are not respected. The CNIL’s contact details are available at the following address: https://www.cnil.fr/.
Notice relating to our operations in the United Kingdom
Axcess is providing the following supplemental information for individuals whose personal information is collected or held by Axcess Ltd or any of its affiliated companies.
Where you are such an individual:
When processing personal data of data subjects who are in the United Kingdom or in connection with Axcess Services, Axcess will act either as data controller or data processor. When Axcess determines the purpose and the manner of processing of your personal data, Axcess is deemed to be a data controller. We apply a similar approach to protecting your data whether acting as a data processor or a data controller.
You have the right to make a complaint at any time to the ICO, however, please consider contacting us in the first instance so that we may address your concerns directly.
Notice relating to our operations in Australia
Axcess is providing the following supplemental information for individuals whose personal information is collected or held by Axcess, or any of their affiliated companies, at a time when the collecting or holding entity has an ‘Australian link’ within the meaning of the Australian Privacy Act 1988.
Where you are such an individual:
You may make a complaint to us about a breach of the Australian Privacy Principals by using the contact details of our DPO, as set out above. We will investigate your complaint and endeavour to resolve any issue to your satisfaction. If we do not adequately answer your concerns, you will have the right to make a complaint in writing to the Office of the Australian Information Commissioner.
Notice relating to our operations in Hong Kong
Axcess is providing the following supplemental information for individuals whose personal data (as defined in the Hong Kong Personal Data (Privacy) Ordinance) is collected or held by Axcess, or any of their affiliated companies, in or from Hong Kong.
Notice relating to our operations in Singapore
Axcess is providing the following supplemental information for individuals whose personal information is collected or held by Axcess, or any of their affiliated companies.
Where you are such an individual:
Contact us. You may make a complaint to us about a breach of the Singapore Personal Data Protection Act 2012 (No. 26 of 2012) by using the contact details on our contact page. We will investigate your complaint and endeavour to resolve any issue to your satisfaction.
Processing of personal data. We will collect, use or disclose your personal data where you have provided us with consent (which may be express or deemed), and/or for the purposes permitted under applicable laws, for instance, to comply with legal or regulatory obligations such as detecting and preventing fraud.
Withdrawal of consent. Upon receipt of a notice of withdrawal of consent, we will inform you of the likely consequences of withdrawing consent. For instance, if you withdraw your consent, we may not be able to provide certain products or services to you. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you had originally agreed to, unless we do so under an applicable exemption. We will also inform our data processors and agents about the withdrawal of your consent and for them to cease to process your information for the purpose or purposes that you had originally agreed to.
Instruction on the processing of your personal data after your death. An individual appointed under your will, or your nearest relative may exercise rights in relation to the protection and disclosure of your personal data after your death.
Notice relating to our operations under the California Consumer Privacy Act (“CCPA”)
Axcess is providing the following supplemental information for individuals whose personal data is collected or held by Axcess in the State of California as defined in the CCPA.
Your right to access the personal information we hold about you. You may request a copy of the personal information that we have collected about you.
Your right to request the deletion of your personal information. Subject to certain limitations under applicable law, you may request that we delete the personal confirmation we have collected from you.
Non-discrimination. You have the right not to be discriminated against for exercising any of your rights under CCPA.
Contact. To submit a request to exercise any of your rights, you can contact us on our contact page.
Notice relating to our operations in New Zealand
Axcess is providing the following supplemental information for individuals whose personal information is collected in the course of carrying on business in New Zealand.
Where you are such an individual:
Your personal information will be collected and held by Axcess.
We will only disclose your personal information to a third party where it is part of the purpose for which your personal information was collected, where you have authorised the disclosure, and/or where otherwise permitted by applicable law.
We will respond to all legitimate requests from you within a reasonable time period.
alternative payment methods.
different PCI Level 1 gateways
"All I can say about the service, communication and technology the team at Axcess provide is that it is far and above anything I have ever experienced in card acquiring and needless to say, you will continue to be the only solution for us. We have been in online services for over 10 years and in that time we have come across our fair share of issues and problems that can happen in working in a cutting edge niche. Since we have been with Axcess we have had nothing but exemplary support and help in dealing with issues that arise from time to time and would whole heartedly support you guys with everyone we meet who ask about online payments (apart from our competitors). Thank you!"
"You have always been a massive help to myself and my staff, so once again on behalf of the entire company I’d like to extend my sincere gratitude for your time and effort."
"I want to thank you for the very efficient way that you have handled this matter. You have been totally brilliant. I love dealing with Axcess - out of all the payment services providers we have been with, I have to say that you guys are the best for customer service."
"I've just had a look at the transaction analysis report and this is absolute gold for me. No acquirer ever provided me with a such complete analysis."