We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.
Each section below describes specific scenarios that we will use your personal data for.
Providing OpenPayd to you and allowing you to use OpenPayd
We use your personal data to provide our services to you and your business. For example, we use your personal data to set up and administer your accounts. We also use your personal data to enable you to log into your account and use OpenPayd applications and features.
We use your Identity Data, Contact Data and Technical Data to contact you with transactional and service messages (including by push notifications), to provide you with information such as password reminders or to let you know if OpenPayd is experiencing technical issues.
We use your Payment Information to carry out your instructions to add and/or save a card or bank account to your account, upload funds to (or withdraw funds from) your account and allow you to make and receive payments through OpenPayd.
Identity verification and due diligence
We use your personal data to comply with our legal and regulatory obligations. This includes verifying your identity; conducting anti-money laundering checks; transaction monitoring; sanctions and politically exposed persons screening; fraud prevention, detection and reporting; and cooperating with external investigations where required.
If you fail one of our identity verification or screening checks as set out above, we may not be able to open an account for you or continue providing services to you.
Corresponding with you
We use your personal data to enable us to respond to your queries, complaints or comments and to make sure that these are appropriately dealt with. We also use this information to enable you to participate in any competitions or promotions that you enter and to collate responses to surveys that you have responded to.
Analysing and improving OpenPayd
We use your personal data to help us improve and develop our business, website, products and services. This helps us to make sure that we are providing you with the best possible service.
Marketing and promotional offers from us
We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
We will obtain your consent in a way that is compliant with data protection laws, either by asking you for your express consent, or by obtaining an implied consent where you are an existing customer and we are marketing our own similar products and services to you.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Managing risks and enforcing our rights
We use your personal data to manage and enforce our rights, terms of use or any other contracts with you (and/or your business), including to manage any circumstances where payments are disputed; to investigate and resolve complaints; or to recover debts owed to us.
We also use your personal data to manage and mitigate our credit risks, financial exposure and terms of business. If you apply for one of our financial products, we may assess your financial position (and / or the financial position of your business), to the extent this is provided for in the applicable terms of use. This credit check will also affect any linked parties such as directors, shareholders and principals. If you are a director or shareholder, we may seek confirmation from credit reference agencies that the residential address that you provide is the same as that held by the relevant companies’ registry (where applicable). If you do not repay any monies in full and on time, credit reference agencies will record the outstanding debt and may share this information with other organisations that perform checks similar to ours. Records generally remain on file at such agencies for 6 years after they are closed, whether settled by you or defaulted, although the retention period may differ across different agencies and territories. If you would like further information on our use of credit reference agencies, please contact us.
Prevention and detection of illicit activity
We use your personal data to prevent and/or detect financial crime, terrorism and other illicit (e.g. criminal, unlawful or illegitimate) activities to comply with our legal and regulatory obligations, manage our risk exposure and protect our business, customers and the integrity of the financial system.
Compliance with applicable laws and regulations
Where required we will use your personal data to comply with applicable laws and regulations, requests from law enforcement bodies and regulatory authorities and tax reporting obligations. For customers of OpenPayd Financial Services Malta Ltd, this includes FATCA reporting.
Where required we will also use your personal data to establish, exercise or defend legal claims, or to protect your vital interests or those of other persons, for example to help those authorities or other organisations in the fight against crime and terrorism.