About us and this document
This document is a combined Financial Services Guide (FSG) and Product Disclosure Statement (PDS). The purpose of this document is to help you to understand the financial services and financial products that we provide, to assist you to decide whether you would like to acquire them. It is split into two parts – the FSG and PDS.
- Part 1 of the document contains our FSG and is issued by Omipay Global Pty Ltd ACN 627 614 886 (Omipay Global, we or us), which is an Authorised Representative of Omipay Pty Ltd ACN 612 481 768 (Authorised Representative Number: 001274459). Omipay Pty Ltd holds Australian Financial Services Licence (AFSL) 495025. This part is designed to help the entity or person (“you”, “your”, or “User”) decide whether to use any of the financial that we provide.
- Part 2 of the document contains our PDS and is also issued by Omipay Global in the same capacity. This part contains information that will help you to make an informed decision about whether or not to acquire any of our financial products that are referred to in this part.
Information relevant to both the FSG and PDS may be included expressly in one part and incorporated by reference in the other.
The FSG and PDS have been combined in accordance with section 942DA of the Corporations Act 2001 (Corporations Act).
Omipay Global is a financial services company that integrates a wide range of major international mobile payment methods through a non-cash payment platform. We dedicated to providing customised industry payment solutions and offer our clients an unparalleled experience to enjoy smart payment on the go, anytime and anywhere.
Part 1: FINANCIAL SERVICES GUIDE
1. Purpose of this FSG
This FSG is designed to help you understand what you can expect from us, so you can decide if you want to use our financial services. It contains important information including:
- who we are and how you can get in touch with us;
- the range of financial services and types of financial products that we, as an authorised representative to provide under AFSL 495025;
- the fees we charge and remuneration we and our associates receive in relation to the services offered;
- any relationships or associations we may have with product issuers; and
- what to do if you have a complaint.
This FSG contains only general information about the financial services we offer and does not provide information about certain other services or products we provide that are not financial services or financial products.
This document does not take into account your personal objectives, financial situation or needs. If you decide you would like to use any of our financial services, we can provide you with more detailed information. You should carefully read all of the information that we provide you before using our financial services. If you have any questions after you have read the FSG and any additional information we provide to you, please contact us.
2. Documents you may receive
You will receive this document as soon as it appears that we may provide you with a financial service, and before you decide to acquire any financial services from us.
The PDS (which is contained at part 2 of this document) provides you with information about our Products, their features, benefits, risks, costs and other relevant information and is intended to be provided to you before you decide to acquire our Products.
The FSG and PDS have been combined in accordance with section 942DA of the Corporations Act.
We are the issuer of the Product, which is a non-cash payment facility which facilitates payments using major international mobile payment methods. Our Products are governed by the PDS, User Agreement and Privacy Policy, both of which can be obtained by contacting us.
You should read the PDS, User Agreement and Privacy Policy before you decide to acquire our services. We may also publish guidelines regarding the use of our services on our website from time to time.
3. Definitions and Interpretation
3.1 Definitions
APIs mean the Services through published software libraries and application programming interfaces that may be used to access the Services.
Charge means a credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction.
Currency Exchange Order means change money in your Monix Account from one currency to another.
Customers mean purchasers buying your goods or services or donors to your organization.
Fees mean all the rates and fees that Monix provides the Services to you.
Financial Services Provider means:
(a) any authorised deposit-taking institution which is a bank, a building society or a credit union; or
(b) a third-party mobile and online payment platform such as Alipay, WeChat Pay, Apple Pay; or
(c) any other authorised deposit-taking institutions approved by Monix.
Financial Services Terms mean the terms except for your use of the Payment Services that apply between you and one or more Financial Services Providers.
Fine means any fines, levies, or other charges imposed by us or a Financial Services Provider caused by your violation of Laws or this Agreement, or as permitted by Network Rules.
Foreign Exchange Order means an order to exchange from one currency to another currency within your Monix Account.
Laws mean all laws, rules, and regulations applicable to your use of the Services and to Transactions, which may include domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency, detriments or other liability of any kind or character (including but not limited to any direct, indirect, special or consequential losses, loss of profit and/or loss of reputation) that Monix pays, suffers or incurs or is liable for, including but not limited to all:
(a) liabilities on account of Tax;
(b) interest, penalties and other amounts payable to third parties;
(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any claim, whether or not resulting in any liability; and
(d) all amounts paid in settlement of any claim.
Monix Account means your online account where you register for Monix Services and make ongoing use of Monix Services. Your Monix Account is where you upload and maintain your contact and identity information, Recipient Account information, platform store information, Inbound Payment and settlement history and other information related to such Client’s use of the Monix Services.
Monix Data means details of the API transactions over both Monix infrastructure, information used in fraud detection and analysis, aggregated or anonymized information generated from Data, and any other information created by or originating from Monix or the Services.
Network Rules mean the guidelines, bylaws, rules, and regulations imposed by the Financial Services Providers that operate payment networks supported by Monix (including the payment card network operating rules for Visa, MasterCard, Alipay, WeChat Pay).
Non-Cash Payment Facility means a payment not made through the physical delivery of Australian or foreign currency as defined by ASIC regulations and guidelines.
Notices mean all disclosures and notices issued by Monix to you.
OMIPAY means OMIPAY PTY LTD ACN 612 481 768.
OMIPAY Global means OMIPAY Global Pty Ltd ACN 627 614 886.
Payment Data mean payment account details, information communicated to or by Financial Services Providers, financial information specifically regulated by Laws and Network Rules, and any other information used with the Payment Services to complete a Transaction.
Payment Order means a request by you made to Monix to pay an amount to a Recipient Account including a Fixed Source Order or Fixed Target Order.
Payment Services mean the Services you may use to accept payments and perform other financial transactions, manage subscriptions, and perform transaction reporting.
Payment Terms mean any or all the terms and conditions that may apply to specific payment methods or networks.
Personal Data mean information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.
Recipient Account means the account which you wish to send your money to and specified by you through you Monix Account.
Refund means an instruction initiated by you to return funds to a Customer for an existing Charge.
Restricted Business means any business providing financial and profession services, IP Infringement, regulated or illegal products and services, unfair, predatory or deceptive practices and products or services that are otherwise restricted by our financial partners.
Return means an instruction initiated by you, a Customer, or a Financial Services Provider to return funds unrelated to an existing Charge.
Reversal means an instruction initiated by a Financial Services Provider or us to return funds for an existing Charge.
Services mean any products and services provided by Monix which allows you to pay, upload or receive money, exchange foreign currency, and send or withdraw money, or any of the following:
(a) Provide financial products and financial advice to you;
(b) Deal in a financial product; or
(c) Make a market for a financial product.
Source Currency means the currency in which the amount you hold in your Monix Account.
Taxes mean taxes, fees, duties, levies, rates and any other charge imposed by any governmental authority.
Target Currency means the currency in which the Recipient Account will receive.
Transaction means any particular purchase, sale, donation, order or other transaction related to your service.
Transfer means an instruction to credit funds to or debit funds from an account you designate with a Financial Services Provider.
User means you.
User means information that describes your business and its operations, your products or services, and orders placed by Customers.
WeChat means a Chinese multi-purpose messaging, social media and mobile payment app developed by Tencent.
3.2 Interpretation
(a) Any and all clauses, terms and conditions under this agreement that has the effect or be interpreted to have the effect that is in favour of Omipay Global, then such effect will only be favourable to Omipay Global to the extent that is permitted by laws.
4. Who are we? Who will provide the financial services?
4.1 Omipay Pty Ltd is an Australian company that holds an AFSL (AFSL number: 495025) issued by the Australian Securities and Investments Commission (ASIC). Omipay Global is an authorised representative of Omipay Pty Ltd. All financial products and services will be provided by Omipay Global.
4.2 Omipay Global has authorised the distribution of this FSG.
4.3 Omipay Global acts on its own behalf when Omipay and its employees provide financial services to you.
4.4 Omipay Global’s registered office is Suite 3603, Level 36, 201 Elizabeth St Sydney NSW 2000.
4.5 Monix is a financial product issued by Omipay Global who is authorised to deal in, make a market in and provide general financial product advice on foreign exchange contracts and Non-Cash Payments, to retail and wholesale clients.
5. The financial services we are authorised to provide to you
5.1 Omipay Pty Ltd holds an AFS Licence which authorises it to carry on a financial services business to deal in and provide general financial product advice on deposit and payment products limited to Non-Cash Payments and foreign exchange contracts to retail and wholesale clients, individual clients and other financial institutions.
5.2 Omipay Global is authorised to:
(a) provide general financial product advice for non-cash payment products and foreign exchange contracts;
(b) issue, apply for, acquire, vary or dispose of non-cash payment products and foreign exchange contracts;
(c) apply for, acquire, vary or dispose of non-cash payment product and foreign exchange contract on behalf of another person; and
(d) make a market for foreign exchange contracts.
Please note that this is a summary of the services Omipay is permitted to provide. Full details of the conditions applicable to the AFSL are available upon request.
5.3 Omipay Global may or may not offer any or all of these services at any particular time. You should refer to the PDS issued by Omipay Global for further information of the specific products and services provided.
5.4 We are only authorised to provide general advice so you should be aware that any advice (including any statement of opinion or recommendation) we may give about our services does not take into account your objectives, financial situation or needs. You should consider the appropriateness of our services in regard to your objectives, financial situation and needs before you act on any advice we provide.
6. Associations or relationships with other product issuers
6.1 Omipay Global is responsible for the financial services it provides to you under AFSL of Omipay Pty Ltd.
6.2 Omipay Global may act as distributor or agent on behalf of other product issuers, including issuers of non-cash payment products and other payment methods. These product issuers include WeChat Pay, Alipay and China UnionPay.
7. How do you do business with us?
7.1 The PDS outlines the procedures for acquiring or utilising a particular product or service we offer. Please refer to the PDS as to how a particular product or service is administered.
8. How to Contact Us
8.1 You can contact Omipay Global:
- by telephone on 1300 016 666;
- by email to info@monixfin.com;
- in writing addressed to suite 3603, Level 36, 201 Elizabeth St, Sydney, NSW 2000;
- through our website http://www.monixfin.com/), iOS (iPhone/iPad) or Android app platform only (“Monix platform”).
9. How we and our staff are paid
Omipay Global
9.1 Omipay Global charges fees for products and services it provides to you. Details of fees and charges Omipay receives for providing the products and services will be contained in clause 3 of the PDS.
9.2 In addition to the fees described above, Omipay Global does not receive any additional benefits as a result of you utilising the products or services outlined in this FSG.
Our staff
9.3 Our staff are remunerated by salary that includes superannuation benefits, where applicable. They may also be eligible for monetary and non-monetary awards or additional incentive payments, including bonuses and shares. Monetary benefits and awards may include variable awards, the level of which may depend on the overall performance of Omipay Global. Whether staff members receive any such benefits and rewards depends on a number of balanced performance and behavioural factors, which may include a measure linked to sales of unspecified products and services provided to customers.
9.4 The amount of salary varies according to the staff member’s position within Omipay Global.
Third parties
9.5 If you are referred to us by a third party, we may pay the third party referrer a fee. The fee will be calculated at a certain percentage of gross revenue generated from each cleared and completed transaction.
For example: If you are referred by a third party and complete an effective currency exchange order from $10,000 AUD to USD, we will pay a referral fee of a certain percentage of the gross revenue based on the exchange rate.
10. How to make a complaint
10.1 We have clear internal and external complain resolution procedures.
10.2 If you would like to make a complaint about our services, you can:
(a) contact our customer support team;
(b) call us on 1300 016 666;
(c) contact us via WeChat customer service; and/or
(d) send us an email to info@monixfin.com.
10.3 Upon receipt of your complaint, we will promptly acknowledge your complaint and first make sure we understand the issues. We will then have 45 days from the date of receipt of your complaint to resolve the complaint. However, we will seek to resolve your complaint as soon as possible If it will take us longer than a week to provide our final response to your complaint, we will contact you and provide information on the timeframe necessary to answer or respond to your complaint. Our response to your complaint will be provided to you in writing by email.
10.4 If we are unable to provide a final response to your complaint within 45 days, we will inform you of the reasons for the delay, advise you of additional ways to resolve your complaint and provide you with the contact details for our External Dispute Resolution (EDR) scheme.
10.5 If your complaint cannot be resolved by our internal complaints procedure, or if you are dissatisfied with the outcome or if we fail to resolve the complaint within the 45 day period, you can direct the complaint to an independent external dispute resolution scheme, in this case the Australian Financial Complaints Authority (“AFCA”). You can contact the AFCA at:
Australian Financial Complaints Authority
GPO Box 3 Melbourne VIC 3001(Australia)
Phone: 1800 931 678
Fax: 03 9613 6399
Website: www.afca.org.au
Email: info@afca.org.au
10.6 The complaints resolution service provided by AFCA is free of charge.
10.7 Alternatively, you may also contact the Australian Securities and Investments Commission (ASIC) Free call Infoline 1300 300 630 to make a complaint and obtain information about your rights.
11. Compensation arrangements
11.1 We hold professional indemnity insurance which covers the financial services we are authorised to provide. This professional indemnity insurance complies with the requirements set out in section 912B of the Corporations Act.
12. Your privacy
12.1 Privacy laws apply to the handling of personal information by us. Any personal information collected about you will be handled in accordance with our Privacy Policy.
12.2 Our Privacy Policy can be viewed on our website and you can obtain a copy by contacting us (our contact details are set out in this FSG).[1]
PART 2: PRODUCT DISCLOSURE STATEMENT (PDS)
Omipay has prepared and authorised the distribution of this PDS.
The date of this PDS is [insert date of PDS].
The PDS provides information in relation to our Products. Capitalised terms not defined are used as defined in the FSG above or in our Privacy Policy.
1. Issuer
1.1 Part 2 of this document is a PDS prepared and issued by Omipay which holds an AFSL (number 495025).
1.2 We are a reporting entity to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
2. Information about this PDS
2.1 This PDS describes the Products that Monix provides, including the key features, risks, benefits and costs of the Products. If you wish to receive any further information in relation to this PDS or the Products, please contact Omipay on the details outlined below.
2.2 This PDS is intended to assist you in deciding whether the Products described in this PDS are suitable for you. The information will also assist you when comparing the particular financial products and services with other services that are of a similar type that you may be considering.
2.3 You should read this PDS in full before deciding to acquire our Products and keep this PDS and other documentation relating to the Products for future reference.
2.4 If you have any questions about our Products, please contact us.
No personal advice
2.5 This PDS does not constitute a recommendation or opinion that Omipay’s Products are appropriate for you.
2.6 The information contained in this PDS is general in nature and does not take into account your personal objectives, financial situation or needs. Because of this, before acting on any information, you should consider the appropriateness our Products with regard to your individual objectives, financial situation and needs. In particular, you should obtain independent financial advice to ascertain whether our Products are right for you. You may wish to obtain independent financial advice, taxation and accounting advice.
Omipay Global’s Products
2.7 Omipay Global offers the products which include the provision of a Monix Account where you can
(a) Upload money;
(b) Request and receive payments;
(c) transfer money;
(d) collect money;
(e) hold electronic money in a multi-currency account; and
(f) enter into contracts for the exchange of currency.
2.8 Omipay Global offers the Products on the basis of the information contained in this PDS, the FSG, the User Agreement and the Privacy Policy. No other information should be relied upon. All of these documents contain contractual terms which apply to our Products.
2.9 Information in this PDS is up-to-date at the time it was prepared but is subject to change at any time as Omipay Global considers fit and proper to the extent allowed by the relevant Laws. An updated PDS will be provided to you when there is a change to the Products that is materially adverse to you or our clients generally. Where such information is not materially adverse to you, Omipay Global will provide updated information on the Monix website. You can get a paper copy of any updated information without charge by calling us.
2.10 This PDS is issued only for the Products Omipay Global is offering in Australia and does not apply to other jurisdictions. Distribution of this document outside Australia may be restricted by law and, persons who come into possession of it, who are not in Australia, should seek advice. If you are in Australia and have received it electronically, we will give you a paper copy on request without charge. To obtain a copy, please refer to the contact details listed in this document.
3. Fees and charges
3.1 You must pay the fees in connection with the use of our Products. We may not process your transaction until we have received the fees from you.
3.2 We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the [insert link] page. For clarity, the fees applicable to you as set out on the Pricing page forms part of this Agreement which may be subject to change.
3.3 You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/ or any amounts you owe us from your Monix Account. If you do not have enough money in your Monix Account to cover these amounts, we may refuse to execute the relevant transaction or use any Products to you.
4. Key benefits
Currency exchange
4.1 Your Monix Account enables you to buy, hold and exchange different currencies in your Monix Account at any time. You can also exchange currency at the market rate with no hidden costs.
Payments
4.2 You can use your Monix Account to accept payments through Financial Services Providers, including WeChat Pay, Alipay, China UnionPay, and most payment types, including Visa, Mastercard and American Express, along with mobile wallets like Google and Apple Pay.
4.3 You can choose to make and receive instant payments to the accounts of other Monix users.
4.4 You can transfer money between bank accounts and to other non- Monix users both domestically and internationally.
4.5 You can add money to your Monix Account by using different payment methods or by bank transfer.
Money collection
4.6 You can collect money from other Monix users or from who use a Financial Services Provider.
5. Key risks
Service availability
5.1 Omipay Global will assess and evaluate each payment’s risk level in real time. As a result, Omipay Global may reject a request for a Monix Account or terminate your use of the Monix Account or close any Monix Account by sending you a notice at our own discretion.
5.2 There is a risk that the electronic network, app or the website which enables you to manage your Monix Account may be unavailable for a period of time. We are dependent upon the reliability and operational processes of technology and communications procedure with respect to computer and telecommunications networks. Although we, and our service providers, seek to achieve 100% availability, process and service disruptions may occur periodically.
Security
5.3 It is important that you safeguard your Monix Account details and passwords, equipment or software required for the operation of your Monix Account. If you fail to do so, you may be liable for any unauthorised transactions.
Our liability
5.4 Our liability for unauthorised transactions and other amounts is limited, and you may be liable for them.
Change of Financial Service Providers
5.5 There is a risk that any of the Financial Service Providers may fail to meet their contractual obligations or we may add or remove any of the Financial Service Providers. This means you may not be able to use the Products as designed, and this could result in loss.
Exchange rate risk
5.6 Foreign currency exchange rates are subject to fluctuations outside our control. If you enter into a currency exchange to purchase electronic money in another currency, you will be subject to fluctuations in the value of that currency. If you enter into transactions in another currency and funds are required to be returned to your account for any reason, you may suffer loss resulting from any movement in the currencies before the funds are returned.
6. User Agreement
6.1 If you sign up to use Monix, this PDS, our Privacy Policy, the User Agreement and your completion of our online registration form constitute your agreement with us.
6.2 The User Agreement are available at [insert link to appropriate page on website].
7. Dispute Resolution
7.1 For information about submitting complaints and how we handle them, our membership of AFCA and our contact details, please refer to Part 1, clause 8.
8. Applicable Laws
Privacy laws
8.1 Privacy laws apply to the handling of personal information by us. Any personal information collected about you will be handled in accordance with our Privacy Policy available at our website.
8.2 The personal information collected will be used to provide you with financial services and for purposes of related activities in the provision of the services. We may disclose your personal information to any person who is a related company at any time. We may disclose your personal information to third parties including service providers, those involved in providing, managing or administering your product or service, any authorised representatives of Omipay Pty Ltd who sell products or services on our behalf and other approved third parties who are authorised to assess the validity of identification information. We may also disclose your personal information to other third parties where we are required by law to disclose your information or where you have given your consent.
8.3 There is more information about how we collect, use, share and handle your personal information in our Privacy Policy, including on how you may access or correct your information, the countries we may send your information to and how you may make a complaint about a privacy issue.
8.4 For more details our Privacy Policy can be viewed on our websites or a copy obtained by contacting us.
AML/CTF laws
8.5 We are committed to full compliance with all AML/CTF laws. To comply with legislative requirements and global sanctions, we screen all accounts. We are required to report suspicious transactions to the relevant government agencies in Australia.
8.6 We may confirm information when you use our Products. This may include when you open a Monix Account, as part of a periodic account review process, and/or when your Monix Account reaches a certain level of funds.
8.7 We may be required to collect and confirm information about your identity. In doing this, we may ask you to provide documentation and information as required to comply with our obligations.
8.8 To enable us to confirm your identity, we may disclose personal information such as your name, date of birth and residential address to a credit reporting body (CRB) or identity verification service to obtain an assessment of whether that personal information matches information held by the CRB or identity verification service. The CRB or identity verification service may use personal information about you and other individuals in their files to report to us on that assessment. If we are unable to confirm your identity using information held by a CRB or identity verification service we may do so using an alternative method acceptable to us.
9. General information
Assignment
9.1 You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your Monix Account to others without prior written consent.
9.2 If consent is made by Omipay Global to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement.
9.3 Omipay Global may assign this Agreement without your consent or any other restriction by providing reasonable notice to you.
Taxes
9.4 Tax law is complex and its application to you will depend upon your own particular circumstances. For this reason, you should obtain professional advice. The information in this PDS is general only.
9.5 Funds received by you using our Products will be treated for tax purposes in the same manner as revenue received through traditional payment methods (i.e. cash or merchant terminal transactions). Chargebacks and reversals may be subject to special taxation rules or concessions and you should obtain professional advice from a tax adviser with respect to these and any other special implications that our Products may have on you.
9.6 You are responsible for collecting, reporting and paying any Taxes that may arise from your use of our Products. You agree to comply with applicable tax laws in connection with your use of our Products.
9.7 Unless otherwise expressly set out in this PDS, our fees are GST exempt.
Cooling off period
9.8 There is no cooling-off period in respect of the Products.
Monix Privacy Policy
This Privacy Policy is provided by Omipay Global Pty Ltd ACN 627 614 886, an Authorised Representative (001274459) of OMIPAY GLOBAL PTY LTD (“Omipay Global”, “we” or “us”) to its clients (“you”, “your”, or “User”) in Australia.
Omipay Global Pty Ltd ACN 612 481 768 holds an AFS Licence (495025) which authorises it to carry on a financial services business to deal in and provide general financial product advice on deposit and payment products limited to Non-Cash Payments and foreign exchange contracts to retail and wholesale clients.
Monix is a financial product issued by Omipay Global who is authorised to deal in, make a market in and provide general financial product advice on foreign exchange contracts and non-cash payments, to retail and wholesale clients.
Monix respects your rights to privacy under, and is bound by, the Privacy Act 1988 (Cth) (“Act”) and the Australian Privacy Principles issued by the Office of the Australian Information Commissioner (“OAIC”) (available at www.oaic.gov.au). Monix deals with personal information collected by it in accordance with this Privacy Policy (“Policy”). When used in this Policy, “Personal Information” has the meaning given in the Act, being in general terms, information or opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.
This policy explains what you can expect from us and what we need from you in relation to your personal data. Please read this carefully as this policy is legally binding when you use our Services. Check the Financial Services Guide (FSG) and Product Disclosure Statement (PDS) for the meaning of defined words (those with capital letters).
If you have any questions about how we protect or use your data, please email us at info@monixfin.com
1. Data Usage and Process
1.1 Monix is serious about guarding the security of your personal information and use a secure server to store your personal information. All information you provide to us is stored on our secure servers.
1.2 You must protect, secure and maintain the information processed and handled in a proper way. Any transmission is at your own risk.
1.3 Monix will process, analyse, and manage Data to:
(a) Provide Services to you, other Monix users, and Customers;
(b) Mitigate Fraud, financial Loss, or other harm to users, Customers and Monix;
(c) Analyse, develop and improve products, systems, and tools.
1.4 Monix will provide Data to third-party service providers, including Financial Services Providers to allow us to provide Services to you and other users.
Data Content
1.5 You accept and agree that Monix will collect the following data from you:
(a) Your Personal Data, known as any information, that relates to an identified or identifiable individual. It will generally include your full name, email address, phone number, your payment method information, and any other related information. Monix may collect Personal Data about you and use technology to help assess the risk associated with an attempted transaction by you when conducting fraud monitoring, detection and prevention services;
(b) Browser and device data and usage, that relate to your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. The information will be collected automatically through the cookies on Monix’s Sites and other technologies.
Data Usage Purpose
1.6 Monix will use Personal Data to facilitate the business relationships with other users, to comply with financial regulatory and other legal obligations, to pursue legitimate business interests, to complete payment transactions and to provide payment-related services to the users.
1.7 Monix may send you email marketing communications about Monix products and services, invite you to participate in events or surveys, or otherwise communicate with you for marketing purposes through the information we collect from you, provided that we do so in accordance with the consent requirements that are imposed by applicable law.
1.8 Monix may use Personal Data collected from you and your device to target advertisements for Monix Services to you on the sites you visit, where allowed by applicable law. Monix does not use, share, rent or sell the Personal Data of our Users’ Customers for advertising.
1.9 You authorise and agree that Monix may share your Personal Data with trusted entities, including Service Providers, business partners, corporate transactions and compliance and harm prevention.
Your Rights and Choices
1.10 You have the following rights and choices regarding the use and disclosure of your Personal Data: (need confirmation from client)
(a) You may opt out of receiving electronic communications from Monix via the unsubscribe link included in marketing-related emails.
(b) You may change your account Personal Data by contacting Monix or do the changes by signing in to your Monix account.
(c) You may have the following rights regarding the Personal Data depending on your location and subject to applicable law:
(i) The right to request confirmation of whether Monix processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
(ii) The right to request that Monix rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
(iii) The right to request that Monix erases your Personal Data in certain circumstances provided by law;
(iv) The right to request that Monix restricts the use of your Personal Data in certain circumstances, such as while Monix considers another request that you have submitted; and
(v) The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
1.11 The processing of your Personal Data is based on your previously given consent and you have the right to withdraw your consent at any time, or object to the processing on grounds relating to your particular situation.
Security of Data
1.12 Monix endeavours to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, Loss, alteration or misuse. You must contact Monix immediately if you reasonably believe that your interaction with Monix is no longer secure.
1.13 Monix will retain your Personal Data in the following cases:
(a) As long as Monix is providing the Services to you;
(b) In the cases of fraud monitoring, detection and prevention, even if you close your Monix account or complete a transaction with a User, to the extent necessary to comply with legal and regulatory obligations;
(c) In the cases of compliance with tax, accounting, and financial reporting obligations, and/or where Monix is required to retain the data by contractual commitments to financial partners, and/or where data retention is mandated by the payment methods.
1.14 Monix may change this whole clause from time to time to reflect new services, changes in Personal Data practices or relevant laws. Monix may provide you with disclosures and alerts regarding any change or Personal Data collected by posting them on websites, apps, Monix Dashboard, email address and/ or the physical address listed in your Monix account.
2. Confidentiality
2.1 Monix will only use User Data as permitted by this Agreement, or as otherwise directed by you.
2.2 You agree that you have the responsibility to protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and Monix.
2.3 Neither Monix nor you may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so.
2.4 You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Network Roles.
PCI Compliance
2.5 If you use Payment Services to accept payment card Transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) and, if applicable to your business, the Payment Application Data Security Standards (PA-DSS) (collectively, the “PCI Standards”).
2.6 You agree to promptly provide Monix with documentation demonstrating your compliance with the PCI Standards upon the request by Monix.
Security and Fraud Controls
2.7 Monix must maintain commercially reasonable administrative, technical, and physical procedures to protect your Personal Data stored in our servers from unauthorised access, accidental Loss, modification, or breach, and we will comply with applicable Laws and Network Rules. Monix cannot guarantee that unauthorised parties will never be able to defeat Monix’s security measures or misuse any Data in our possession.
2.8 You are solely responsible for the security of any Data on your website, your servers, your app, in your possession, or that you are otherwise authorised to access or handle. You will comply with applicable Laws and Network Rules when handling or maintaining User Data and Personal Data, and will provide evidence of your compliance to us upon our request. If you do not provide evidence of such compliance to our satisfaction, we may suspend transactions on your account or terminate this Agreement.
2.9 Monix provides or suggests Security Controls to you, but cannot guarantee that you or Customers will never become victims of fraud. Any Security Controls include processes or applications developed by Monix, or other companies.
2.10 You agree to review all the Security Controls Monix suggests and choose those that are appropriate for your business to protect against unauthorised Transactions and, if appropriate for your business, independently implement other security procedures and controls not provided by Monix.
2.11 You are solely responsible for Losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you, compromise of your username or password, and any other unauthorised use or modification of your Monix Account.
2.12 Monix is not liable or responsible to you and you waive any right to bring a claim against Monix for any Losses that result from the use of lost or stolen credentials or accounts to engage in fraudulent Transactions, unless such Losses result from Monix’s wilful or intentional actions. You will fully reimburse Monix for any Losses we incur that result from the use of lost or stolen credentials or accounts.
2.13 Monix may provide you with subjective Data regarding the possibility or likelihood that a Transaction may be fraudulent that require action or review by you and may further incorporate action or inaction by you into any such subjective scoring when identifying future potential fraud. You understand that you are ultimately and solely responsible for any actions you choose to take or not take and/or for providing inaccurate or incorrect information to us based on such Data.
3. Changes to the privacy policy
3.1 Any changes we may make to our privacy policy will be posted on this page and, where appropriate, notified to you be email. Please check back frequently to see any updates or changes to our privacy policy.
