PayTorque® privacy & data security policies

PayTorque Limited is committed to protecting information and respecting your privacy.
This policy, together with our terms and conditions, ( view at www.paytorque.com/terms ) sets out the basis on which any personal data we collect from you, and any data that you upload or authorise to be uploaded to the Service will be processed by us. In the event of a conflict or disagreement between this Privacy Policy and the terms of use, the Terms and Conditions will prevail.

This policy was last updated on 25 May 2010.

Definitions

Administrator means the person within the user organisation that is responsible for the running of the PayTorque system.

Company means PayTorque Limited, (PayTorque®), a private limited liability company registered in New Zealand.

Data means any data and information entered by You or transferred to the Service via the synchronising software.

Intellectual Property means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Invited Users means users of the Service that You authorise to have access to the Service.

Monthly Fees / Usage Fees means the monthly fees (excluding any taxes and duties) payable by You in accordance with the pricing schedule posted on the Company Websites.

Organisation means the entity that contracts to use the Service from PayTorque®.
Service / Software means the functions and deliverables provided to you via the Websites by way of a service subscription or software license. The terms Service and Software mean the same.

Websites means the internet website at the domain www.paytorque.com or any other site operated by the PayTorque Limited.

User / You / Your means you and includes your employees, consultants, representatives and agents.

Ownership of Data

PayTorque will only store data that is entered by You, or automatically imported at Your instruction. The data entered, or imported on instruction, by You remains Your property and PayTorque will not use nor make available for use any of this information without Your permission.
It is Your responsibility to keep the Service access passwords safe. It is the Administrator’s responsibility to ensure that any users that are invited to use the Service (Invited Users) have permission to view Your information stored in the Service. Neither our staff nor our third party service partners have access to any user passwords. 
PayTorque will give You access to Your data at any time.
Your data will be permanently deleted by us after You terminate or stop paying to use the Service, or at the Administrator’s request in writing or by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Security of Your Data

At PayTorque, we endeavour to provide best practice systems and procedures to maximise the security of your data. This includes the use of the following security systems.

- SSL Certificate connection (secured) between your Accounting System and our Database Servers

- SSL Secured login for Web Based Management System

- Login to Web Based Management System is secured using CAPTCHA (proof of human being)

- Auto lockout after 5 failed login attempts

- Use of unique usernames and passwords

Collection and use of Personal and Organisational Information

If You decide to register with and use PayTorque.com (the “Service”) You will be asked to provide certain information about yourself and/or your organisation including your name and contact details. By submitting Your personal and/or organisational information, you consent to the collection, use and transfer of your information in accordance with the terms of this privacy policy.
We will only use your personal and/or organisational information for the following purposes:

1.    to carry out a credit check

2.    to verfiy your identity

3.    to enable us to provide you with access to the Website and to use the Service and to enable you to download information and materials from the Website; the registration form, to contact you with our newsletter and other email updates;

4.    to make you occasional offers of PayTorque products or services or to make you aware of other products or services offered by us from time to time;

5.    to produce reports, statistics and analysis of the types of people who access the Website;

6.    to contact you for your views on the Website and our Service and to notify you occasionally about important changes or developments to the Website and the Service; andto administer, support, improve and develop Our Website and our Service.

We reserve the right to use the name and/or logo of the company you work for in publicity and testimonial material, advertising or marketing collateral, unless you specifically tell us otherwise. Your name, address details and all other personal information will remain confidential at all times.
At no time will we access or use information held in the system pertaining to Your customers, unless instructed and authorised by you in writing. Eg: To carry out a customer survey on your request.

Disclosure of your Personal and Organisational Information

We follow strict guidelines in the storage and disclosure of information, which you have given us, to prevent unauthorised access. We comply with the laws of the countries in which we operate.
We do not disclose Your personal data to any third party except to the extent that we may disclose Your personal data to third parties (whether in NZ or elsewhere) for the purposes of providing Services from us. 
We may also disclose your personal information to third parties:

1.    In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

2.    If PayTorque Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

3.    If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of PayTorque Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Please note that this may include the transfer of your personal data to one or more countries outside NZ.

At no time will we disclose information held in the system pertaining to Your customers.

Your Obligations

You represent, warrant and undertake that when using the Service you will at all times comply with all applicable local and national laws including but not limited to those relating to privacy and the processing of personal data and other information.

You agree to promptly comply with any request from us requiring you to amend, transfer and/or delete any information recorded by you on our Service. 
You agree to indemnify us and keep us indemnified and defend us at your own expense against all costs, claims, damages or expenses incurred by us or for which the we may become liable due to any failure by You (or your employees or agents where applicable) to comply with your obligations under this Privacy Policy.

Payments by Credit Card

If you choose to pay for the Service using a Credit Card, Your credit card details are not stored by us and cannot be used or accessed by our staff.
Your credit card details are encrypted and securely stored by Direct Payment Solutions Limited. (DPS).

Review DPS privacy policy. http://www.paymentexpress.com/about/about_paymentexpress/privacy_policy.html

System Monitoring

PayTorque has access to and may use non-identifying aggregate information such as number of associated users, number of transactions and billing information for the purpose of billing and monitoring server and software performance as well as for other internal purposes.

PayTorque may publish non-identifying aggregate information such as the number of users, and user activity indicators.

Third Party Suppliers and Links to 
Our Website may contain links to third-party websites. We take no responsibility for the privacy practices or content of these websites. You are responsible for checking the privacy policy of any third-party websites we link to.

Changes to these policies

This policy may be updated from time to time.

We reserve the right to change this policy at any time and any amended policy will be posted on our Website at www.paytorque.com/privacy

Questions, comments and requests regarding this privacy policy are welcomed and should be forwarded by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it