Privacy Policy

Privacy Policy

This Privacy Policy outlines how Paymark Limited (“Paymark” or “us”or “our”or “we”)will collect, store, use and disclose any personal information provided to us in respect of our products and services including use of our apps, merchant portals, website and other associated services.

By providing us with your personal information or your continued use of our products, services, our apps, websites or associated services you provide unconditional consent to us collecting, storing, using and disclosing your personal information in the manner set out in this Privacy Policy.

Paymark recognises the importance of safeguarding your personal information. We are bound by, and comply with, the Privacy Act 1993 (the “PrivacyAct”). If you are located in the European Union (“EU”), you may have rights under the EU General Data Protection Regulation (“GDPR”).

This Privacy Policy must be read in conjunction with our website terms and product terms and conditions.

COLLECTION OF INFORMATION

The types of information we collect may include but not be limited to:

  • Information you give us when you register for our products or services or to receive communications from us or otherwise interact with us including:  name, email address and other contact details, identity information, usernames and passwords, payment card details and any other personal information or items provided via our merchant portals, apps or websites.
  • Information we receive from another person or organisation linked to your Paymark accounts as part of the registration process or during use or maintenance of your Paymark accounts.
  • Information, including verification information, we obtain from trusted third parties about you, your personnel or your company to enable us to provide a product or service to you (e.g., banks or credit bureaus).
  • Information collected using automated technologies which track visits to and use of our websites which we aggregate and does not identify individuals.
  • Information collected using automated technologies which may identify an individual including information about a customer’s device or computer, use of our website, merchant portals and apps such as:

-    Information about computer or device: IP address and domain name, device type, operating system and browser information, device screen size and geographic location.

-    Information about use of our website: referring domain, pages visited on our website, date and time when website pages were accessed.

-    Cookies and similar technologies: information we obtain from cookies in the administration of our website and to improve the usability of our website. You may be able to configure your browser to notify you when you are offered a cookie and decide whether or not to accept it. However this may have a negative impact on use of our website.

-    Information about use of our products and services via our websites, merchant portals and apps: including date and time of use, payment cards registered, transaction data and expense information.

If you provide information (including personal information) of other individuals or third parties to us, you must have the express consent of such individual or third party to provide such information to us and for us to use such information for the purposes disclosed in this Privacy Policy.

You may decide not to provide your personal information to us. However, if you do not provide it we may not be able to provide you with full access to our products and services, merchant portals, apps, websites or associated services.

USE & DISCLOSURE OF INFORMATION

The information we collect will be retained by us for our business purposes including but not limited to:

  • verifying your identity;
  • communicating with you;
  • providing our products and services and information about our products and services to you including but not limited to account administration and technical support;
  • providing you with further information about us or other goods or services offered by us;
  • providing you with news, reports or information that we consider may be of interest to you;
  • marketing, promotional and publicity purposes (including direct marketing), market research and surveys;
  • analysing use of our website, merchant portals and apps and associated services;
  • reporting in aggregate form (with identifiable characteristics removed so that you will remain anonymous);
  • monitoring the effectiveness of email campaigns; and
  • improving the content of our website, merchant portals, apps and other products and services.

Your personal information will be made available internally at Paymark for the above purposes and may be accessed by selected staff (such as customer service representatives).

We may also disclose your information to selected third party service providers who hold or process information on our behalf to help us provide our products and services or operate our apps, merchant portals and website. Third party service providers are subject to contractual restrictions to ensure that information held or processed on our behalf is protected.

We may disclose your information to Centrix who will verify the accuracy of that information for the purposes of our customer due diligence and credit checking requirements. Centrix may use the information to update its credit information bureau and provide the information as part of its credit reporting services to other subscribers.

We may use the services hosted by third parties to understand how our customers use our apps, merchant portals and websites and associated products and services, including but not limited to, Google Analytics, Mixpanel, Silverstripe, Klipfolio, Salesforce and Hotjar which may collect information for their own business purposes. For information on how these third parties collect and use your information, please refer to their privacy policies. By using our apps, portals or our website you consent to the processing of data by these third parties in accordance with their privacy policies. Users can opt-out of use of analytics tools as follows:

The functionality of some of our apps, merchant portals and website will allow users to send information electronically to and from third-party applications). We have no control over these applications and you are responsible for checking the privacy policy of those applications.

We may use or disclose personal information that you have provided to us, or which we have obtained about you:

  • for the above-mentioned purposes;
  • if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
  • to comply with a legitimate request by a law enforcement or government agency pursuant to a statutory or regulatory requirement or as part of court proceedings or to protect our rights; and
  • if we are authorised, required or permitted by law to use or disclose the information.

STORAGE & SECURITY

Information we collect in relation to use of our products and services, merchant portals, apps and websites and associated services is stored by Paymark Limited.

The security of your information is important to us and we have invested significant efforts to follow best industry practice to protect information. While we protect information to the best of our ability we cannot guarantee the security of factors beyond our control such as vulnerabilities that may be identified in Internet protocols.

Customers can be assured that as an entity that handles cardholder data we operate in accordance with strict requirements for protecting your cardholder data set out in the Payment Card Industry Data Security Standard (“PCI DSS”). Evidence of our PCI DSS compliance is available on request.

GENERAL DATA PROTECTION REGULATION (EU) 2016/679 (GDPR)

Paymark’s access to EU personal data is very limited. EU personal data means any personal information of an individual who is in the EU (whether the individual is a citizen of an EU country or otherwise). Paymark is a company that provides transaction processing services for New Zealand merchants and not to individuals in a personal capacity.  Paymark is a wholly-owned subsidiary of Ingenico Group S.A. which is based in France, Ingenico’s privacy policy can be accessed here: https://www.ingenico.com/privacy-policy.

This section only applies to the collection and processing of EU personal data by Paymark. This section will apply to you and the processing of your EU personal data if you are in an EU country. This section does not apply with respect to your personal information if you are located outside of the EU countries, even though you may be a citizen of an EU country. 

For the purposes of this section, the term ‘process’ has the meaning given to it under the GDPR and may include any operation or a series of operations performed on EU personal data, including collection, recording, organisation, structuring, storage, adaptation, retrieval, consultation, use, disclosure, by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

EU personal data that is collected by us may have been sourced directly from you, a third party (e.g., our European associates) or implied from your use of our services.

We process EU personal data in accordance with this section and our Privacy Policy. To the extent of any inconsistencies between other sections of our Privacy Policy and this section in relation to the processing of EU personal data, this section prevails.

We will only collect and process EU personal data where we have the legal grounds to do so. The principal legal grounds that justify our use of your EU personal data include where:

  • you have consented to our use of your EU personal data;
  • your EU personal data is necessary for us to perform our contracts with you;
  • we need your EU personal data to comply with a legal obligation;
  • we use your EU personal data to achieve a legitimate interest; and
  • your EU personal data is necessary for us in respect of any legal claims by us, you or a third party.

Any EU personal data will be:

  • processed lawfully, transparently and in a fair manner;
  • collected only for the purposes identified in this Privacy Policy or any other agreed specified purposes and not further processed in a manner incompatible with those purposes;
  • collected in an adequate and relevant manner and limited to what is necessary in relation to the purposes for which the EU personal data is processed;
  • kept current and up-to-date in accordance with the ‘Right to Access’ section of this Privacy Policy;
  • stored in a form which permits us to identify you, but only for the period necessary in relation to the relevant purposes identified in this Privacy Policy; and
  • stored and processed securely to protect EU personal data against unlawful or unauthorized access and accidental loss, damage or disclosure in accordance with the ‘Storage & Security’ section of this Privacy Policy.

In addition to other rights you may have as set out in this Privacy Policy, you may exercise the data protection rights set out below in relation to your EU personal data:

  • access and portability: a request can be made by you for a copy of your EU personal data and you may request to be provided with such EU personal data in a structured, commonly used and machine readable format (including for the purposes of transferring to another party).
  • restrictions and objections: You may request that we limit our use of your EU personal data or processing by requesting that we no longer use your EU personal data or limit how we use your data, this may include where you believe it is not lawful for us to hold your EU personal data or instances where your EU personal data was provided for direct marketing purposes and now you no longer want us to contact you.

If you have any questions, comments or complaints about our handling of your EU personal data, or wish to contact us regarding your EU personal data, please use the contact details set out below in the ‘Contact’ section.

RIGHT TO ACCESS

Under the Privacy Act and the GDPR you are entitled to certain rights of access to your personal information held by us. You are also entitled to have any incorrect information corrected by us.

You may request access to, or correction of, any personal information we hold about you by sending an email to support@paymark.co.nz or Privacy Officer, Paymark Limited, Level 2, 162 Victoria Street, Auckland, 1010.

To ensure that the personal information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.

EXTERNAL WEBSITES

The website may contain links to a various third party website sources. Some of these links may request or record information from users or use cookies or other methods to collect information from you. We have no control over, and we are not responsible for, the content or privacy policy practices of such websites and/or the reliability of the information published on those websites, and encourage our users to review the privacy policies of such sites before engaging in any activity with them.

COMMUNICATIONS

By registering to use our products and services or to receive communications from us, you agree that we can contact you by email and we may send you commercial electronic messages for the purposes of:

  • providing our products and services and information about our products and services to you including but not limited to account administration and technical support;
  • providing you with further information about us or other goods or services offered by us;
  • providing you with news, reports or information that we consider may be of interest to you; and
  • marketing, promotional and publicity purposes (including direct marketing), market research and surveys.

You will have the option to unsubscribe from any contact list that is not essential to provision of our products and services at any time using the “unsubscribe” link that appears in the email you receive from us.  

Official communication from us will be sent from the domains @paymark.co.nz or @paymarkclick.co.nz.

If you receive any other communication from a different domain this should be treated as spam and we take no responsibility for any such communication.  We sometimes uses third party tools to send out emails.  We seek to follow best practice where possible and make every effort to reduce the risk associated with email communications.   Due to the nature of email protocols, we are not able to guarantee the security of senders, receivers or email messages themselves.  If you receive anything from @paymark.co.nz or@paymarkclick.co.nz that looks suspicious in any way, please notify us via support@paymark.co.nz.

We would never ask you for your password or payment card information via email. 

We may also send push notifications to customers from our merchant portals and apps. A user can turn off functionality within the settings of our apps and merchant portals.

CHANGES TO THIS POLICY

We reserve the right, at our discretion, to make changes to this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on this website.  Please check this Privacy Policy regularly for modifications and updates.  If you continue to use our products and services, website and apps or associated services or if you provide any personal information after we post changes to this Privacy Policy, this will indicate your acceptance of any such changes.

BUSINESS TRANSITIONS

In the event of a change in ownership of all or a portion of Paymark Limited, our products or services or the website, your personal information may be transferred to the new owner so that the website and/or product or service can continue operations.  In this event, your information would remain subject to this Privacy Policy.

CONTACT

If you have any questions about our Privacy Policy please feel free to contact us:

Privacy Officer, Paymark Limited, Level 2, 162 Victoria Street, Auckland, 1010.

Merchant Agreement for Eftpos Services

This Merchant Agreement is a template version of the tripartite agreement entered into between you (the Merchant) and Paymark Limited (Paymark), an incorporated company with its registered office at Level 2, 162 Victoria Street West, Auckland 1010, and your bank. It applies to your use of the Paymark System (as defined in the Merchant Agreement) solely in the event that you are unable to access a copy of the executed tripartite agreement entered into between you, your bank and Paymark in respect of Paymark’s services.  

Standby service fee for temporary, seasonal merchants or those impacted by Covid-19 lockdown
A merchant can choose to put their terminal on standby, where the terminal remains connected to the Paymark system but is not actively transacting (the standby service) for up to six months (the standby service period). The fee is $30.00 (plus GST) per six months per terminal (the standby service fee).  The standby service fee is payable upfront and on notification by you that the standby service is required.

After the standby service period, the terminal is automatically returned to full service thereby attracting the standard merchant Administration Fee (in accordance with the Merchant Agreement). Should you wish to continue the standby service for a further standby service period, you must notify Paymark prior to the initial standby service period ending, and pay a further standby service fee upfront for a further six months. Should you choose to end the standby service earlier than six months, you agree that you are not entitled to a refund of the standby service fee or part there-of.

Paymark Website Terms and Conditions

Paymark Website Terms and Conditions

The Paymark website(s) and related web-based services are made available to site visitors pursuant to the following terms and conditions of use (“Terms and Conditions”), and any other rules posted on the website. By visiting the Paymark website(s) you are accepting the Terms and Conditions. If you disagree with these Terms and Conditions you must discontinue use of the website immediately.

Paymark holds all copyright and other intellectual property rights in this website and reserves all such rights. You may electronically store and reproduce the contents of this website solely for the purpose of viewing this website or saving website content for your own personal use. You may not display or distribute the content of any of these pages in public or where the content is accessible to the public, including making any reproduction in any form on the Internet without seeking prior permission from Paymark.

  • With this website, Paymark is not, in any way, making any offer to enter into any contractual agreement with you.
  • We may include links on this website to other websites or resources operated by parties other than Paymark. Paymark is not responsible for any of the content or accuracy of external websites or pages. Furthermore we are not responsible for the availability of external websites or pages and do not endorse them, nor are we liable or responsible for the privacy practices of the content of the external websites.
  • If you create a link to the Paymark website you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Paymark against any loss, damage, liability or costs or expense arising from or in connection to the link.
  • Whilst Paymark makes every effort to ensure the information contained on this website is accurate, it does not represent or warrant the accuracy or completeness of any information on this website or that this information is suitable for your intended use. The information on this website may be changed at any time without prior notice.
  • Subject to any applicable law which cannot be excluded and to all provisions implied by statute which cannot be excluded, Paymark accepts no responsibility for any loss, damage or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information on this site or our failure to provide this site.
  • Publication of email addresses should not be taken as deemed consent to receiving unsolicited electronic messages.
  • These terms and conditions are in addition to and do not replace any terms and conditions for Paymark products or services and Paymark reserves the right to change the Terms and Conditions without prior notice.

Paymark Insights & MyPaymark Merchant Terms and Conditions

Paymark Insights & MyPaymark Merchant Terms and Conditions


VERSION DATED 1 AUGUST 2020

Introduction:
1.1 These Terms apply to the registration for and use of the following products or services provided by Paymark at no cost to Merchant customers in New Zealand via an online dashboard or portal (“Portals”):
• Paymark Insights
• MyPaymark

1.2 In these Terms, “you” or “your” means a Merchant that has registered to use a Portal.
“Paymark” “we” or “our” refers to Paymark. All other capitalised words used in these Terms are defined in Clause 17 unless the context otherwise requires.

1.3 These Terms apply to use of a Portal and are in addition to any other agreements you have with Paymark. In the event of any conflict or inconsistency between these Terms and your existing agreements with Paymark, these Terms will prevail to the extent of such conflict or inconsistency in relation to the use of a Portal.

 

Acceptance:
2.1 By registering for and using a Portal you acknowledge that: (a) you have read, understood and agree to be bound by these Terms. If you do not agree to the Terms, you must immediately cease using the relevant Portal; (b) you have the authority to act on behalf of any person or entity for whom you are registering to use the Portal and that person or entity shall be bound to comply with these Terms.

2.2 These Terms also apply to use of a Portal by any person nominated by a Merchant to use the Portal on behalf of that Merchant (each a “User”).

 

Amendments:
3.1 Paymark may change these Terms at any time by posting amended Terms on the Paymark Website. The amended Terms will be effective from the time posted and it is the responsibility of the Merchant and each User to be familiar with the latest Terms. The continued use of a Portal represents agreement to be bound by any amended Terms.

 

Licence to use Portal:
4.1 In consideration of your agreement to these Terms, Paymark grants the Merchant, and each User affiliated to the Merchant, with the right to access and use the relevant Portal. This nonexclusive, non-transferable right is limited by and subject to these Terms and any other terms and conditions Paymark agrees with the Merchant or User. Use of a Portal may be subject to advised limitations. Paymark remains the owner of the Portals at all times.

 

Registration and Accounts:
5.1 The Merchant and each User will provide Paymark with all information reasonably requested by Paymark to enable the Merchant to register to use the relevant Portal. Each Merchant and User confirms that the information provided to Paymark on registering for a Portal was at the time provided current, complete and accurate, and each Merchant and User agree to maintain and update the information as required to keep it so.

5.2 The Merchant acknowledges that as part of the registration process for a Portal, Paymark may use data sourced from publicly available registers (which includes but is not limited to the New Zealand Companies Register and New Zealand Business Numbers) to populate and match registration details.

5.3 In order to access a Portal each User will use their email address registered with Paymark and will be required to set a password (“Login Credentials”) which may be updated by the User from time to time.

5.4 The Merchant shall determine who is permitted to use a Portal on its behalf and who has the authority to initiate requests to Paymark to add or delete a User on behalf of the Merchant.

5.5 The Merchant can revoke a User’s access to a Portal at any time and for any reason by notifying Paymark in writing (subject at all times to the right of Paymark to revoke or suspend access and terminate the right to use a Portal);

5.6 If there is any dispute between the Merchant and a User regarding access or level of access to a Portal, the Merchant shall decide what access or level of access that User shall have, if any.

5.7 The Merchant is responsible for all use and access (or misuse or unauthorised access) of the Portal by a User or other third party accessing the Portal using a User’s Login Credentials or for any unauthorised use where there is a failure to keep Login Credentials confidential and secure;

5.8 Each User:
a) must only use the Portal for lawful business purposes in accordance with these Terms;
b) take responsibility for any information obtained from the Portal and provided to a third party (including but not limited to the Merchant’s professional advisors or auditors); 
c) ensure the security settings on all devices used to access the Portal are kept up to date; 
d) keep Login Credentials secure and confidential at all times; 
e) ensure the Portal is not accessed or used by the User or by any other person using the Users’ Login Credentials: i. for any unlawful purpose; ii. in any manner inconsistent with these Terms; iii. in any way which may impair the functionality or otherwise undermine the security or integrity of the Portal, the Paymark System or any of Paymark’s other computing systems or networks; or iv. to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver a Portal. 
f) notify Paymark immediately by telephone to 0800 PAYMARK if Login Credentials are lost, compromised or used without authority or a User becomes aware of any other breach or potential breach of security; 
g) must not access or attempt to access or use a Portal if the Merchant’s permission for the User to access a Portal has been revoked.

 

Privacy and personal information:
6.1 Information collected during interactions with Paymark in relation to a Portal or associated services may include personal information. By providing Paymark with personal information, or continuing to use a Portal or associated services, a User provides unconditional consent to Paymark collecting, storing and disclosing personal information for our business purposes, including to provide a Portal and associated products and services or as otherwise stated in these Terms or our Privacy Policy (as may be updated from time to time). If a User decides not to provide personal information, or keep personal information up to date, then Paymark may not be able to provide full access to a Portal or associated services.

6.2 Where information (including personal information) of other individuals or third parties is provided to Paymark, you warrant that you have the express consent of such individual or third party to provide such information to Paymark and acknowledge that such information may be used for our business purposes, including to provide a Portal and associated products and services or as otherwise stated in these Terms or our Privacy Policy (as may be updated from time to time).
6.3 Login Credentials and personal information provided to Paymark for the purposes of a Portal may be used by Paymark to grant a Merchant or User with access to other Paymark products and services.

 

Service Provision:
7.1 The Portals are intended to be self-service tools. To raise questions relating to the Portal or related Paymark products and services a User can complete a case within the Portal or contact Paymark by sending an email to support@paymark.co.nz.

7.2 The Portals are provided on an "as is" basis. Paymark cannot guarantee 100% up time. Paymark may withdraw, amend, suspend or restrict availability to a Portal or any part of it or information contained within it, or any associated services or disable a User’s Login Credentials, at any time at Paymark’s sole discretion for any reason including, but not limited to, technical, security, legal or business reasons or for the purposes of carrying out maintenance or development.

7.3 Paymark does not warrant that the provision of a Portal will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing and displaying information in a Portal, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Portal. Paymark is not in any way responsible for any such interference or prevention of a User’s access or use of the Portal.

7.4 Paymark may, at its sole discretion, determine what information, data, features and functionality is made available to the Merchant via a Portal.

7.5 The Portals include information about Transactions processed through the Paymark System only and should not be a Merchant’s only source of information about its business (for example, the Portals do not include information relating to cash sales).

7.6 The contents of the Portals should not be construed as legal or professional advice.

 

Liability and Indemnity:
8.1 To the maximum extent permitted by law, Paymark excludes all liability and responsibility to a User or the Merchant (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from the supply of, any use of, or reliance on, a Portal. If the Merchant or User is not satisfied with a Portal, to the maximum extent permitted by law, the sole remedy is to cease using the Portal.

8.2 The Merchant shall indemnify Paymark, its directors, officers and employees against all claims, actions, costs (including legal costs), damage and losses incurred by Paymark arising from any and all breaches by the Merchant and/or the User of any of these Terms or any other obligation to Paymark or warranty arising under these Terms or arising out of the reasonable reliance by Paymark or any third party upon any acts carried out, requests made or information provided through the use of a User’s Login Credentials.

 

Intellectual Property Rights:
9.1 All Intellectual Property Rights in the Portals, information displayed in the Portals or in any way derived from the Paymark System are exclusively owned by Paymark (or Paymark’s licensors).

9.2 Each User acknowledges that there is no transfer of title, Intellectual Property Rights, interest or ownership of any part of the Portal or the Paymark System or information derived from the Portal or Paymark System to a User or a Merchant as a consequence of these Terms.

9.3 To the extent that a User or the Merchant creates any Intellectual Property Rights while using the Portal, providing feedback on the Portal or associated services such Intellectual Property Rights shall be assigned to Paymark without need for further assurance. 

9.4 Unless you have the prior express, written consent of Paymark, you must not: (a) use any trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Paymark or our products and services;. (b) publish or share publicly any information or data (including screenshots of information or data) displayed within the Portals;

9.5 Where Paymark grants consent under clause 9.4 above you must ensure that any use of the information or data from the Portals is for non-commercial purposes only and you must acknowledge Paymark as the source.

 

Termination:
11.1 These Terms and your access to a Portal will continue until terminated in accordance with this clause.

11.2 The Merchant may give notice of termination to Paymark at any time (or as they relate to one or more Merchant ID) by completing a case within the Portal or sending an email to support@paymark.co.nz.

11.3 Paymark may give notice of termination to the Merchant at any time by sending an email to the primary User of the Portal if:
a) Paymark elects to withdraw a Portal or the Merchant’s access to a Portal for any reason at its sole discretion, including but not limited to technical, legal, security or business reasons;
b) Paymark considers that a Portal is being, or is likely to be, used fraudulently or for any other unlawful or improper purpose;
c) The Merchant fails to pay any applicable fee when due to Paymark under any agreement with Paymark;
d) The Merchant or a User breaches any of these Terms and the breach is not capable of being remedied or is not remedied within 5 days after receiving notice of a breach capable of being remedied;
e) The Merchant becomes insolvent or goes into liquidation or has a receiver or manager appointed of any assets or makes any arrangement with creditors, or becomes subject to any similar insolvency event in any jurisdiction;
f) There is a change of ownership of the Merchant’s business or part of the business (refer also to clause 12.1);
g) If the Merchant Agreement with Paymark terminates (or terminates as it relates to one or more Merchant ID) then the related Portal accounts for the relevant Merchant ID will also terminate.

 

Change of Ownership:
12.1 The Merchant is responsible for advising Paymark of the sale of its business or change of ownership not less than five Business Days prior to the date of sale. Paymark will disable access to a Portal for the Merchant and all affiliated Users and these Terms will terminate in respect of the relevant Merchant ID(s) for the business being sold. Any new owner(s) of the business will need to be activated to use a Portal. If a Merchant ID(s) is transferred to a new owner of the business then any historic Transaction Data prior to the date of sale for the Merchant ID being transferred will be available to the new business owner to view if they register for the Portals.

Consequences of Termination:
13.1 Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms, for any reason:
a) all rights granted to you under these Terms will cease. You will not be able to access or use the Portals; and
b) Clauses 5 (Access Conditions), clauses 7 (Service Provision), 8 (Liability and Indemnity), 9 (Intellectual Property Rights), 10 (Confidential Information), 13 (Consequences of Termination) and 16 (Governing Law) will survive termination.

 

General:
14.1 These Terms will not be deemed to create an agency, partnership, joint venture or employment relationship of any kind between Paymark, the Merchant or a User, as the case may be.

14.2 Neither the Merchant nor the User is permitted to: a) assign or transfer obligations or rights under these Terms; b) make any public announcement or disclosure of any sort regarding these Terms or Portals without Paymark’s prior written consent;

14.3 If at any time Paymark does not enforce any of these Terms or grants time or other indulgence to a Merchant or User, Paymark will not be construed as having waived that term or condition or Paymark’s rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law the remaining Terms will be binding on the parties.

14.4 Any notice given under these Terms by one party to the other party must be given in writing. Notices to Paymark must be submitted by completing a case in the Portal or sending an email to support@paymark.co.nz. Notices for the User and/or Merchant will be sent to the email address affiliated to the primary User of the Portal (as may be amended from time to time).

14.5 Without limiting any Terms between Paymark and the Merchant, these Terms, together with the terms of any other notices or instructions given to the User under these Terms, supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User and Paymark relating to the Portal.

14.6 Paymark reserves the right to audit the use of a Portal by the Merchant and any affiliated User at any time.

 

Email Communications:
15.1 By activating your access to the Portal you agree to be contacted by us by email which includes sending you commercial electronic messages for the purposes described in our Privacy Policy. You will have the option to unsubscribe from any contact list for messages that are not essential to provision of the Portal or Paymark products or services at any time using the “unsubscribe” link that appears in the email you receive from us. Messages that are essential to the provision of the Portal or Paymark products or services (such as account administration or technical support) will continue to be sent by email.

 

Governing Law:
16.1 These Terms are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.

 

Definitions:
17.1 In these Terms the following words and expressions shall have the following meanings:
a) “Business Day” means a day on which banks are open for normal banking business in Auckland;
b) “Intellectual Property Rights” includes all trademarks (including logos), domain names, inventions (including patents) service mark, copyright, moral rights, rights in a design, rights in software, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
c) "Merchant" means a merchant who is enabled to access the Paymark System for purpose of processing Transactions under a Merchant Agreement;
d) “Merchant Agreement” means an agreement between Paymark and a Merchant providing for the Merchant to effect Transactions through the Paymark System;
e) “Merchant ID” means the unique merchant identification number allocated to each merchant store;
f) “MyPaymark” means the self-service portal containing information and data about the products and services provided by Paymark to that Merchant as described on the Paymark Website;
g) “Paymark” means Paymark Limited, a company incorporated in New Zealand with registered address at Level 2, 162 Victoria Street, Auckland, 1010 and registered company number 438574;
h) “Paymark Insights” means Paymark’s dashboard solution that provides insights and information to a Merchant relating to Transaction Data as described on the Paymark Website;
i) "Paymark System" means the electronic funds transfer, payment authorisation and data capture and delivery service owned and operated by Paymark;
j) “Transaction” means an electronic transaction processed through the Paymark System as defined in the Merchant Agreement;
k) “Transaction Data” means data relating to Transactions and any other data or information compiled from the Paymark System;
l) “User” means any person you have permitted to be an end user of your a Portal account;

Click Terms and Conditions

Click Terms and Conditions

You can read through our Click Terms and Conditions here. 

Online EFTPOS Terms and Conditions

Online EFTPOS Terms and Conditions

You can read through our Online EFTPOS Terms and Conditions here. 

Conditions of Authority to Accept Direct Debits

Conditions of Authority to Accept Direct Debits

You agree that any direct debit authority (“Authority”) you provide to Paymark Limited (“Paymark”) is subject to:

  • The bank’s terms and conditions that relate to your account; and
  • The specific terms and conditions listed below.

 

Specific conditions relating to notices and disputes:

 You may ask your bank to reverse a direct debit up to 120 calendar days after the debit if:

  • you don’t receive a written notice of the amount and date of each direct debit from Paymark, or
  • you receive a written notice but the amount or the date of debiting is different from the amount or the date specified on the notice.

You may ask your bank to reverse a direct debit up to 9 months after the date Paymark sent the first direct debit under the Authority if you are not reasonably satisfied that the Authority authorised your bank to debit your account with the amount of the direct debit.

Paymark is required to give you a written notice of the amount and date of each direct debit no less than 2 business days before the date of the debit.

If the bank dishonours a direct debit but Paymark sends the direct debit a second time within 5 business days of the original direct debit, Paymark is not required to notify you a second time of the amount and date of the direct debit.

Paymark Responsible Disclosure Policy

Paymark Responsible Disclosure Policy

As New Zealand’s leading payments provider, Paymark takes the security of its systems and customers extremely seriously. We value the security community and the support that it provides. This policy helps us take steps to ensure the security and privacy of all our customers.  If you have information about a potential vulnerability, we want to hear from you.

Requirements

We ask that you:

  • Seek permission prior to conducting any testing by sending an email to security@paymark.co.nz;
  • Make every effort to avoid:
  1. unauthorised access to data not belonging to you;
  2. disclosing personal information
  3. degradation of user experience
  4. disruption to production systems; and
  5. destruction or alteration of data during security testing;
  • Report vulnerability information, including the details requested in the section below; and
  • Keep information about any vulnerabilities you’ve discovered confidential (as between you and us) until we have resolved the issue.

If you follow these requirements when reporting an issue to us we commit to working with you to understand and resolve the issue quickly (including an initial confirmation of your report within 72 hours of submission).

As part of our policy we reserve the right to recognise submissions at our discretion.

How to report a security vulnerability?

If you believe you have found a security vulnerability in one of our products or platforms, please send it to us by emailing security@paymark.co.nz.  Please include the following details with your findings:

  • A description of the location and potential impact of the vulnerability;
  • A detailed description of the steps required to reproduce the vulnerability (POC scripts, screenshots, and compressed screen captures are all helpful to us); and

Your contact details should we have any further questions or clarifications on the reported vulnerability.