Privacy policy and terms and conditions of service
We provide economic infrastructure for the internet. Businesses of all sizes use our software and services to accept payments and manage their businesses online. VXL Payment cares about the security and privacy of the personal data that is entrusted to us.
This Privacy Policy (“Policy”) describes the “Personal Data” that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Policy also outlines your data subject rights, including the right to object to some uses of your Personal Data by us. Please visit the VXL Payment Privacy Center for more information about our privacy practices.
“VXL Payment”, “we”, “our” or “us” means the VXL Payment entity responsible for the collection and use of personal data under this Privacy Policy. It differs depending on your country.
“Personal Data” means any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g. device information, IP address).
“Services” means the products and services that VXL Payment indicates are covered by this Policy, which may include vxlpayment-provided devices and apps. Our “Business Services” are Services provided by VXL Payment to entities (“Business Users”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Business Users’ own business and activities. Our “End User Services” are those Services which VXL Payment directs to individuals (rather than entities) so that those individuals do business directly with VXL Payment.
“Sites” means vxlpayment.com and the other websites that VXL Payment indicates are covered by this Policy. Collectively, we refer to Sites, Business Services and End User Services as “Services”.
Depending on the context, “you” means End Customer, End User, Representative or Visitor: When you directly use an End User Service (such as when you sign up for Link, or make a payment to VXL Payment (Climate in your personal capacity), for your personal use, we refer to you as an “End User.”
When you do business with, or otherwise transact with, a Business User (typically a merchant using VXL Payment, e.g. when you buy a pair of shoes from a merchant that uses VXL Payment for payment processing) but are not directly doing business with VXL Payment , we refer to you as an “End Customer”.
When you are acting on behalf of an existing or potential Business User (e.g. you are a founder of a company, or administering an account for a merchant who is a Business User), we refer to you as a “Representative”.
When you visit a Site without being logged into a VXL Payment account or otherwise communicate with VXL Payment , we refer to you as a “Visitor.” (e.g. you send VXL Payment a message asking for more information because you are considering being a user of our products).
Depending on the activity, VXL Payment acts as a “data controller” or “data processor” and for more information about this and on the VXL Payment entity that is responsible under this Policy, see.
1. Personal Data That We Collect and How We Use and Share It
1.1 End Users
We provide End User Services where we do not act as a service provider to Businesses but instead provide the Services directly to you for your personal use (e.g. Link user). See here for further information on the legal bases which we rely on for using (processing) your Personal Data. Personal Data That We Collect About End Users Using Link or Connecting your Bank Account. VXL Payment offers you the opportunity to store your payment methods with VXL Payment so that you can conveniently use it across merchants who are our Business Users – we call this “Link” (formerly known as “Remember Me”). When you opt in to Link, you agree to let us store your payment method so that you can more readily make purchases through Link with Business Users of our payment processing Business Services (e.g. name, card number, cvc, and expiration date). When you choose to pay with Link, we will also collect your Transaction Data. If you choose to share bank account information (including for use in Link) with us, VXL Payment will periodically collect and process your bank account information (e.g. account owner information, account balances, account number and details, account transactions and in some cases, credentials) until you ask us to disconnect your bank account. Paying VXL Payment . If you are buying goods or services directly from VXL Payment , we receive Transaction Data. For example, when you make a payment to VXL Payment Climate, we will collect contact information, payment method information, information about that transaction and in some cases, shipping information. Other Services. We may offer other End User Services directly to you from time to time, including certain financial Services. More. Please see below for information about additional types of Personal Data that we may collect, including about online activity. How We Use and Share Personal Data of End Users Services. We use your Personal Data to provide the End User Service to you, including security, delivery, support, personalization and messages related to the End User Service (e.g. communicating Policy updates and information about our Services). We also use your Personal Data for our fraud detection and mitigation Business Services and may share certain Personal Data as part of those Business Services with Business Users that you may seek to do business with. The use of this Personal Data is subject to the Business Users’ privacy policies. Our Business Users. When you choose to connect your bank account with VXL Payment , you may also choose to share account information with certain Business Users that you do business with. These Business Users will have their own privacy policies which describe how they use that information. Transactions. For payment transactions with Link, End User Personal Data is shared with others to enable the transaction. For example, when you choose to use a payment method for the transaction with VXL Payment or with Link (e.g. credit card, debit card, buy now pay later, or direct debit), that payment method will receive transaction information that includes your Personal Data. Please review your payment method’s privacy policy to learn more. When you use Link, the merchant you choose to do business with will also receive Transaction Data that includes your Personal Data and with your permission, your bank account information. The merchant may share that Personal Data with others (see below regarding End Customers). Please review your merchant’s privacy policy for further information. Fraud Detection Services. We use your Personal Data collected across our Services (e.g. VXL Payment Radar) to detect and prevent fraud against us, our Business Users and financial partners, including to detect unauthorized log-ins using your online activity. We may provide Business Users (including card issuers and others involved in payment processing activities) that have requested our fraud Business Services with Personal Data about you (including your attempted transactions) so that they can assess the associated fraud risk with a transaction. You can learn more about how we may use technology to assess the fraud risk associated with an attempted transaction. Advertising. We may use your Personal Data to assess your eligibility for and offer you other End User Services. With your permission or were allowed by law, we use and share End User Personal Data with others so that we may market our products and services to you, including through interest-based advertising were allowed by applicable law, including subject to any consent requirements. See our Cookie Policy. We do not share End User Personal Data with third parties for their marketing or advertising unless you give us or the third-party permission to do so. We do not sell the data of End Users. More. Please see for information about additional ways in which we may use and share your Personal Data.
1.2 End Customers
VXL Payment offers Business Services to our Business Users (e.g. in-person checkout or online checkout). When we are acting as a Business User’s service provider (or data processor), we will process Personal Data in accordance with the terms of our agreement with the Business User and the Business User’s lawful instructions. For example, we process payment transactions for a Business User because you bought a product from them. Business Users are responsible for making sure that their End Customer’s privacy rights are respected, including ensuring appropriate disclosures about data collection and use that happens in connection with their services. If you are an End Customer (e.g., a purchaser of a product at an online Business User site), please refer to the privacy policy or notice of the Business User for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly. See here for further information on the legal bases which we rely on for using (processing) your Personal Data. a. Personal Data That We Collect About End Customers Transaction Data. If you are an End Customer, when you make payments to, get refunds from, begin a purchase, make a donation or otherwise transact with a Business User that uses us to provide payment processing Business Services, we will receive transaction data. The “Transaction Data” that we collect includes Personal Data, and may include the following: your name, email address, billing address, shipping address, payment method information (such as credit or debit card number, bank account information or payment card image selected by you), merchant and location, purchase amount, date of purchase, and in some cases, some information about what you have purchased and your phone number. We may also receive your transaction history with the Business User. We may collect information typed into a checkout form, even if you choose not to complete the form or purchase with the Business User. Identity/Verification Information. VXL Payment provides a verification and fraud Service that allows a Business User to verify Personal Data about you, such as your age (when purchasing age restricted goods) or your authorization to use a payment method. You will be asked to share Personal Data and we will collect the information that you share for this purpose, such as your government ID, your image, and Personal Data you input or that is apparent from the physical payment method (e.g. credit card image). We may compare this information with information about you we collect from Business Users, financial partners, business partners, identity verification services, publicly available sources, and third-party service providers. More. Please see for information about additional types of Personal Data that we may collect, including about online activity. b. How We Use and Share Personal Data of End Customers We generally use and share Personal Data of End Customers with Business Users to provide Business Services as described below, as well as for VXL Payment ’s own purposes to secure, improve and provide our Business Services, as described below. Payments. We use your Transaction Data to provide our Payments related Business Services to Business Users, including to process online payment transactions, to calculate applicable sales tax, to invoice and bill, and to calculate their revenue. We may also use Personal Data to provide and improve our Business Services. For payment transactions, your Personal Data is shared with a number of parties in connection with your transaction. Because we act as a service provider or processor, we share Personal Data to enable the transaction. For example, when you choose to use a payment method for the transaction (e.g. credit card, debit card, buy now pay later, or direct debit), your payment method will receive the Transaction Data that includes your Personal Data. Please review your payment method’s privacy policy to learn more about how they use and share this information. The merchant you choose to do business with will also receive Transaction Data that includes your Personal Data and the merchant may share that Personal Data with others. Please review your merchant’s privacy policy to learn more. Other Financial Services. Some of our Business Users use our Services in order to offer financial services to you, through VXL Payment or its financial partners. For example, they may provide a card product that enables you to purchase goods and services. These cards may carry the VXL Payment brand, bank partner brand and/or the brands of Business Users. In addition to any Transaction Data, we may produce or receive when these cards are used for purchases, we will also receive and use your Personal Data in order to provide and manage these products. Please also see the privacy policies of the Business User and our bank partner, if applicable, associated with the financial service (whose brands may be shown on the card). Identity/Verification Services. We use Personal Data about your identity, including information provided by you and our service providers, to perform verification Services for VXL Payment or for the Business Users that you are doing business with and to reduce fraud and enhance security. If you provide a “selfie” along with an image of your identity document, we will use technology to compare and calculate whether they match and you can be verified. Fraud Detection Services. We use your Personal Data collected across our Services to detect and prevent fraud against us, our Business Users and financial partners (e.g. VXL Payment Radar), including to detect unauthorized log-ins using your online activity. We may provide Business Users (including card issuers and others involved in payment processing activities) that have requested our fraud Business Services with Personal Data about you (including your attempted transactions) so that they can assess the associated fraud risk with a transaction. You can learn more about how we may use technology to assess the fraud risk associated with an attempted transaction and what information we may share with Business Users about such risks. Our Business Users (their Authorized Third Parties). We share Personal Data of End Customers with their respective Business Users and with parties directly authorized by those Business Users to receive Personal Data. This includes sharing Personal Data of End Customers with Business Users when a Business User authorizes a third-party application provider to access its VXL Payment account using VXL Payment Connect. For example, when the Business User uses Identity Services to verify an End Customer’s identity, VXL Payment shares with the Business User the information, documents or photos provided by the End Customer to verify their identity. The Business Users you choose to do business with may further share your Personal Data to third parties they authorize. Please review your merchant’s privacy policy to learn more. Advertising by Business Users. If you have begun a purchase, we share Personal Data with that Business User in connection with our provision of Services and that Business User may use your Personal Data to market and advertise their products or services. Please review your merchant’s privacy policy to learn more, including your rights to stop their use of your Personal Data for marketing purposes. We do not use or share End Customer Personal Data for our marketing or advertising, or for marketing and advertising by third parties who are not the Business User with which you have transacted or attempted to transact. We do not sell the data of End Customers. More.
1.3 Representatives
To provide Business Services, we collect, use and share Personal Information from Representatives of our Business Users (e.g. a business owner). If the Representative is the only employee of a Business User, please see the End User and End Customer sections to understand additional ways in which we can collect and use your Personal Data when you use our Services. a. Personal Data That We Collect About Representatives Registration and Contact Information. If you register for a VXL Payment account for a Business User (including incorporation of a Business), we collect your name and account log-in credentials. If you register for an event that VXL Payment organizes or attends or if you sign up for VXL Payment communications, we collect your registration and profile information. If you are a Representative of a potential Business User, we receive your Personal Data from third parties (including data providers) in order to advertise to, market and communicate with you as described further below and in Section 2. Identification Information. If you are an owner of a Business User or you are expected to be a shareholder, officer or director of a Business User, we require that you provide your contact details, such as name, postal address, telephone number, and email address to fulfill our financial partner and regulatory requirements. We may also collect financial and personal information about you, such as your ownership interest in the Business User, your date of birth and government identifiers associated with you and your Business User (such as your social security number, tax number, or Employer Identification Number). You may also choose to provide bank account information. More. Please see for information about additional types of Personal Data that we may collect, including about online activity. b. How We Use and Share Personal Data of Representatives We generally use Personal Data of Representatives to provide the Business Services to the associated Business Users, as well as for the purposes described Business Services. We use and share Personal Data of Representatives with Business Users to provide the Services. For users of our tax Business Services, we may use your Personal Data to file taxes on behalf of your associated Business User. If your Business User uses Atlas, we may use your Personal Data to submit forms to the IRS on your behalf and to file documents with other governmental authorities (e.g. articles of incorporation in your state of incorporation). We share data with parties directly authorized by a Business User to receive Personal Data (e.g., financial partners servicing the financial product). The use of Personal Data by a Business User’s authorized third party is subject to the third party’s privacy policy. In some cases, our Business Service will require us to submit your Personal Data to a government entity (e.g. incorporating a business, or paying applicable sales tax). Advertising. With your permission or were allowed by applicable law, we use and share Representative Personal Data with others so that we may advertise and market our products and services to you, including through interest-based advertising subject to any consent requirements under applicable law. More. Please see for information about additional ways in which we may use and share your Personal Data.
1.4 Visitors (e.g. visitors to VXL Payment sites who are not an End User, End Customer or Representative)
See for further information on the legal bases which we rely on for using (processing) your Personal Data. a. Visitor Personal Data That We Collect When you visit our Sites, we generally receive your Personal Data either from you providing it to us or through our use of cookies and similar technologies. Forms. When you choose to fill in a form on the Site or on third party websites featuring our advertising (e.g. LinkedIn or Facebook), we will collect the information included in the form, usually your contact information and other information about your question related to our Services. More. Please see for information about additional types of Personal Data that we may collect, including about online activity. b. How We Use and Share Visitor Personal Data Personalization. We use information about you that we gather from cookies and similar technologies to measure engagement with the content on the Sites, to improve relevancy and navigation, to personalize your experience and to tailor content about VXL Payment and our Services to you. Advertising. With your permission or were allowed by law, we use and share Visitor Personal Data with others so that we may advertise and market our products and services to you, including through interest-based advertising were allowed by applicable law, including subject to any consent requirements. More.
2. More Ways We Collect, Use and Share Personal Data
In addition to the ways we collect, use and share Personal Data that are described above, we also process your Personal Data as follows. a. Personal Data Collection Online Activity. Depending on the Service you use and the Business Users’ implementation of our Business Services, we will collect information about: Devices and browsers across our Sites and third-party websites, apps and other online services (“Third-Party Sites”), Usage data associated with those devices and browsers, including IP address, plug-ins, language used, time spent on Sites and Third Party Sites, pages visited, links clicked, and the pages that led or referred you to Sites and Third-Party Sites. Communication and Engagement Information. We will collect any information you choose to provide to us, for example, through support tickets, emails or social media. When you respond to VXL Payment emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Vxl Payment, as well as other information you may provide during the call. We will also collect your engagement data such as your registration for, attendance of, or viewing of VXL Payment events and other interaction with VXL Payment personnel. Forums and Discussion Groups. Where our Sites allow you to post content, we will collect Personal Data that you provide in connection with the post. b. Personal Data Usage. In addition to the ways described above in which we use Personal Data, we use Personal Data in the following ways: Improving and Developing our Services. We use analytics on our Sites to help us analyze your use of our Sites and Services and diagnose technical issues. To learn more about the cookies that may be served through our Sites and how you can control our use of cookies and third-party analytics, please see ours. We also collect and process Personal Data through our different Services, whether you are an End User, End Customer, Representative or Visitor, to improve our Services, develop new Services and support our efforts to make our Services more relevant and more useful to you. Communications. We will use the contact information we have about you to perform the Services, which may include sending codes via SMS to authenticate you. If you are an End User, Representative or Visitor, we may communicate with you using the contact information we have about you (e.g. using email, phone, text message or videoconference) to provide information about our Services and our affiliates’ services, invite you to participate in our events or surveys, or otherwise communicate with you for our marketing purposes, provided that we do so in accordance with applicable law, including any consent or opt-out requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and include you on our marketing information campaigns. Social Media and Promotions. If you choose to submit Personal Data to us to participate in an offer, program or promotion, we will use the Personal Data you submit to administer the offer, program or promotion. Based on your permission or opt-out, we will also use that Personal Data and Personal Data you make available on social media to market to you. Fraud Prevention and Security. We collect and use Personal Data to help us to detect and manage the activity of fraudulent and other bad actors across our Services, to enable our fraud detection Business Services, and to otherwise seek to secure our Services and transactions against unauthorized access, use, modification or misappropriation of Personal Data, information and funds. In connection with fraud and security monitoring, prevention, detection, and compliance activities for VXL Payment and its Business Users, we receive information from service providers (including credit bureaus), third parties, and the Services we provide. We may collect information from you, and about you, from Business Users, financial parties and in some cases third parties. For example, to protect our Services, we may receive information from third parties about IP addresses that malicious actors have compromised. This Personal Data (e.g. name, address, phone number, country) helps us to confirm identities, run credit checks subject to applicable law and prevent fraud. We may also use technology to assess the fraud risk associated with an attempted transaction by an End Customer or End User with a Business User or financial partner. Compliance with Legal Obligations. We use Personal Data to meet our contractual and legal obligations related to anti-money laundering, Know-Your-Customer ("KYC") laws, anti-terrorism, export control and prohibitions on doing business with restricted persons or in certain business areas, and other legal obligations. We strive to make our Services safe, secure and compliant, and the collection and use of Personal Data is critical to this effort. For example, we may monitor patterns of payment transactions and other online signals and use those insights to reduce the risk of fraud, money laundering and other activity that is harmful to VXL Payment, our End Users and their End Customers Minors. The Services are not directed to minors, including children under the age of 13, and we request that they do not provide Personal Data through the Services. In some countries, we may impose higher age limits as required by applicable law. We do not sell any Personal Data of End Customers, Representatives, Visitors or End Users, including those aged between 13 to 16. c. Personal Data Sharing. In addition to the ways described above, we share Personal Data in the following ways: VXL Payment Affiliates. We share Personal Data with other VXL Payment affiliated entities. When we share with these entities, it is for purposes identified in this Policy. Service Providers or Processors. In order to provide Services to our Business Users and End Users and to communicate, market and advertise to Visitors, Representatives and End Users regarding our Services, we will rely on others to provide us services. Service providers (provide a variety of critical services, such as hosting (storing and delivering), analytics to assess the speed, accuracy and/or security of our Services, identity verification, customer service, email and auditing. We authorize such service providers to use or disclose the Personal Data of our Users that we make available to perform services on our behalf and to comply with applicable legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union, the United States of America and India. Financial Partners. “Financial Partners” are financial institutions that we partner with to offer the Services (including payment method acquirers, banks and payout providers). We share Personal Data of our Users with certain Financial Partners to provide the Services to the associated Business Users and to offer certain Services in partnership with our Financial Partners. For example, we share certain Personal Data of Representatives (e.g. loan repayment data and contact information) with institutional investors who purchase the Capital loans that we have made to the associated Business Users. Others with Consent. In some cases we may not provide a service, but instead refer you to, or enable you to engage with, others to get services (e.g. professional services firms that we partner with to deliver Atlas). In these cases, we will disclose the identity of the third party and the information that will be shared with them, and seek your consent to share the information. Corporate Transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but subject to the terms of this Policy. Compliance and Harm Prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, (ii) to comply with rules imposed by payment method in connection with use of that payment method (e.g. network rules for Visa); (iii) to enforce our contractual rights; (iv) to secure or protect the Services, rights, privacy, safety and property of VXL Payment , you or others, including against other malicious or fraudulent activity and security incidents; and (v) to respond to valid legal process requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
3. Legal Bases for Processing Data
For the purposes of the General Data Protection Regulation, we rely upon a number of legal bases to enable our processing of your Personal Data. For more information see. a. Contractual and Pre-Contractual Business Relationships. We process Personal Data for the purpose of entering into business relationships with prospective Business Users and End Users and to perform the respective contractual obligations that we have with these Users. Activities include: Creation and management of VXL Payment accounts and VXL Payment account credentials, including the evaluation of applications to commence or expand the use of our Services; Creation and management of VXL Payment Checkout accounts; Accounting, auditing, and billing activities; and Processing of payments, including fraud detection and prevention, optimizing valid transactions, communications regarding such payments, and related customer service. b. Legal Compliance. We process Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as "Anti-Money Laundering ("AML") and Know-Your-Customer ("KYC")" obligations, and financial reporting obligations. For example, we may be required to record and verify a user’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits. c. Legitimate Business Interests. Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes for which we have a legitimate interest in processing your data: Detect, monitor and prevent fraud and unauthorized payment transactions; Mitigate financial loss, claims, liabilities or other harm to End Customers, End Users, Business Users and VXL Payment ; Determine eligibility for and offer new VXL Payment products and services Respond to enquiries, send Service notices and provide customer support; Promote, analyze, modify and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services; Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets; Analyze and advertise our Services; Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business; Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business. Enable network and information security throughout VXL Payment and our Services; and Share Personal Data among our affiliates. d. Consent. We may rely on consent to collect and process Personal Data as it relates to how we communicate with you and for the provision of our Services like Link, Atlas and Identity. When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.
4. Your Rights and Choices
You may have choices regarding our collection, use and disclosure of your Personal Data: a. Opting out of receiving electronic communications from us If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails or as described. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, our Business Users may still send you messages and direct us to send you messages on their behalf. b. Your data protection rights Depending on your location and subject to applicable law, you may have the following rights described, with regard to the Personal Data we control about you: The right to request confirmation of whether VXL Payment processes Personal Data relating to you, and if so, to request a copy of that Personal Data; The right to request that VXL Payment rectifies or updates your Personal Data that is inaccurate, incomplete or outdated; The right to request that VXL Payment erase your Personal Data in certain circumstances provided by law. The right to request that VXL Payment restrict the use of your Personal Data in certain circumstances, such as while VXL Payment considers another request that you have submitted (including a request that VXL Payment make an update to your Personal Data); The right to request that we export your Personal Data that we hold to another company, where technically feasible; Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or Where we process your information based on our legitimate interests, you may also have the right to object to the processing of your Personal Data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information when you object. c. Process for exercising your data protection rights To exercise your data protection rights please also see the VXL Payment or contact us as described below.
5. Security and Retention
We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. To help us protect personal data, we encourage you to use a strong password and never share your password with anyone or use the same password with other sites or accounts. If you have reason to believe that your interaction with us is no longer secure (e.g. you feel that the security of your account has been compromised), please contact us immediately. We retain your Personal Data as long as we are providing the Services to you or our Business Users (as applicable) or for a period during which we reasonably anticipate providing the Services. Even after we stop providing Services directly to you or a Business User with which you are doing business, and even if you close your VXL Payment account or complete a transaction with a Business User, we retain your Personal Data in order to comply with our legal and regulatory obligations. We may also retain it to allow for fraud monitoring, detection and prevention activities. We also keep Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods you used. In cases where we keep Personal Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
6. International Data Transfers'
We are a global business. Personal Data may be stored and processed in any country where we do business, where our service providers do business or if you use an international payment method or financial partner service, the countries in which that payment method or financial partner operates. We may transfer your Personal Data to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. In certain situations, we may be required to disclose Personal Data in response to lawful requests from Officials (such as law enforcement or security authorities). If you are located in the European Economic Area (“EEA”), the "United Kingdom ("UK")" or Switzerland, please see VXL Payment for more information. Where applicable law requires a data transfer mechanism, we use one or more of the following: EU Standard Contractual Clauses with a data recipient outside the EEA, Switzerland or the UK, verification that the recipient has implemented Binding Corporate Rules, or other legal methods available to us under applicable law. For transfers to third countries, we have entered into Standard Contractual Clauses, approved by the European Commission, to ensure an adequate level of protection for the transfer of your Personal Data to those entities outside the EEA. You can obtain a copy of the relevant Standard Contractual Clauses.
7. Updates and Notifications
We may change this Policy from time to time to reflect new services, changes in our privacy practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes are effective when we post the revised Policy on the Services. We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, if you are an End User or Business User, by contacting you through your VXL Payment Dashboard, email address and/or the physical address listed in your VXL Payment account. If applicable law requires that we provide notice in a specified manner prior to making any changes to this Policy applicable to you, we will provide such required notice.
VXL PAYMENT LIMITED (hereinafter “VXL PAYMENT”, “we”, or “us”) provides the website https://vxlpayment.com/ (the “Site”), data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service. We may make changes to these Terms of Use from time to time by posting such changes to the Service and requiring you to affirm the revised Agreement. By continuing to use the Service (or other method of legal acceptance) after notice of such change(s) is given, you agree to be bound the revised Terms of Use. Please refer to the “Effective Date” above to see when these Terms of Use were last updated.
License
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.
Incorporated Terms
The following additional terms are incorporated into this Agreement as if fully set forth herein: • Privacy Policy – available • Copyright Policy • Complaint Policy (including Trademark and Privacy)
Eligibility
You must be at least eighteen (18) years old to use the Service. By using the Service, you represent that you meet(s) this minimum age requirement. Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.
Important Notices
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times. The Service, and any Content (defined below) posted therein, are for information purposes only. We do not represent or warrant any level of functionality, performance, accuracy, ease of use, or health benefits, preventative or otherwise, of the Service or the Content therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice. You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any ideas, plans, drawings, proposals, graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) contained therein. You further agree that you will not do any of the following: • use the Service, or any part thereof, in an unlawful or unethical way, or in a way that encourages another to engage in anything unlawful or unethical; • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service; • interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing; • transmit to or make available in connection with the Service any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity; • attempt to probe, scan or test the vulnerability of a system, a network, or the Service or to breach security or authentication measures without proper authorization; • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; • harvest or collect the email address, contact information, or any other personal information of other users of the Service; • use any means to crawl, scrape or collect content from the Service via automated or large group means; • submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us; • use the Service, or any part thereof, in a way that violates, infringes, or misappropriates the rights of a third party, including rights in intellectual property, privacy, or publicity; • breach, through the Service, any agreements that you enter, or have entered, into with any third parties; • stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service; • direct or encourage another User or individual, through the Service, to do something that is unsafe, or that a similarly situated, reasonable person wouldn’t have an expectation of safety; or • impersonate any other person or business. You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service. We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
IF YOU MAKE CONTENT AVAILABLE TO VXL PAYMENT , OR OTHERWISE INDICATE TO US THAT YOU MAY HURT YOURSELF OR SOMEONE ELSE, WE MAY, BUT ARE IN NO WAY OBLIGATED TO, REPORT IT TO LAW ENFORCEMENT OR ANY OTHER AUTHORITIES.
Content Submitted or Made Available to Us
'You are under no obligation to submit any Content to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Content that you make available to us, if any. Therefore, if you choose to submit any Content through or on the Service, or otherwise make available any Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sublicensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels. By submitting any Content to us you hereby agree, warrant and represent that: (a) the Content do not contain proprietary or confidential information, and the provision of the Content is not a violation of any third-party’s rights; (b) all such Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content; (d) we shall be entitled to use or disclose the Content in any way, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the Content. You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Content or other matter you submit or make available to the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Content Shared Through the Service
You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement. You acknowledge that the Service, and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and Use
You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.
Enforcement and Termination
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of this Agreement, in accordance with applicable law.
Links and Third-Party Content
The Service may contain links to third-party sites. Such links are provided for informational purposes only, and we do not endorse any third-party website, products, or services through the provision of such a link. The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties, including users other than you. We do not endorse any third party, or third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
Disclaimers and Limitation on Liability
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, AND THE CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, AND OUR/THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. ALL CONTENT AND MATERIALS POSTED ON OR THROUGH THE SERVICE ARE FOR INFORMATION PURPOSES ONLY. FURTHER, OPINIONS, ADVICE, STATEMENTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE OR THE ACTIONS YOU TAKE BASED ON THE SERVICE OR THE CONTENT THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parent entities, subsidiaries, affiliated companies, nor our/their respective employees, directors, shareholders, members, or managers shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
Indemnification
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of our/their respective officers, managers, members, directors, shareholders employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Service or any Content therein, (b) your violation of this Agreement, and (c) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
Governing Law and Jurisdiction; Arbitration
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court. The Federal Arbitration Act and Federal arbitration law apply to this agreement. The laws of the State of New Jersey shall govern this Agreement, and shall be used in any arbitration proceeding. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Any arbitration between you and VXL PAYMENT shall have one (1) arbitrator. You and VXL PAYMENT agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and VXL PAYMENT agree that each have waived any right to a jury trial. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights. To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Newark, New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY.
General
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Revisions. In the event that we update this Agreement, you will be notified through the Service and may be required to re-affirm the updated Agreement using the method we will specify. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: VXL PAYMENT LIMITED 2003, 20/f, Tower 5, China Hong Kong City, Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong. Email:contact@vxlpayment.com Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
Copyright © VXL PAYMENT LIMITED. All rights reserved. The Service is the property of VXL PAYMENT, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.
Copyright Policy
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following: • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed; • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing; • Information reasonably sufficient to permit us to contact you; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
VXL PAYMENT LIMITED 2003, 20/f, Tower 5, China Hong Kong City, Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong. Email: contact@vxlpayment.com
Complaint Policy (Including Trademark and Privacy)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a written notice containing the following information:
• Your name, physical address, e-mail address and phone number; • A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed; • Identification of the location of the material on the Service; • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated; • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief; • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and • Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.