Last updated: 9/5/2025
This Privacy Policy (“Policy”), together with any applicable Terms and Conditions and Merchant Agreements, constitutes a legally binding agreement between Paydan, Inc. (“Paydan,” “Company,” “we,” “us,” or “our”) and any natural person or entity (“User,” “you,” or “your”) accessing or using Paydan’s software, website, platforms, integrations, or related products and services (collectively, the “Services”).
By using the Services, you expressly acknowledge, understand, and agree to be bound by this Policy. If you do not agree, you must immediately cease use of the Services.
1. ROLE OF PAYDAN
1.1 Paydan is an Independent Software Vendor (ISV). Paydan provides software solutions and technology platforms only.
1.2 Paydan is not a bank, payment processor, money transmitter, or financial institution. All payment processing, settlement, and compliance with financial regulations are handled exclusively by Paydan’s third-party partners (“Partners”).
1.3 By using the Services, you expressly agree that all payment-related terms, conditions, liabilities, and obligations are governed by the Partner agreements you execute during setup. Paydan assumes no liability for payment processing, underwriting, settlement, fraud, chargebacks, or regulatory compliance.
2. INFORMATION WE COLLECT
We may collect Personal Data and related information in accordance with applicable law, including but not limited to:
Identifiers: names, emails, phone numbers, addresses, tax IDs.
Business Data: merchant applications, account credentials, banking information.
Technical Data: device identifiers, IP addresses, cookies, analytics, and usage logs.
Third-Party Data: information obtained from processors, credit bureaus, regulatory databases, and marketing partners.
All Personal Data provided must be accurate, complete, and up to date. You bear sole responsibility for ensuring accuracy.
3. PURPOSES OF PROCESSING
Personal Data is processed exclusively for:
Provision, operation, and enhancement of Services.
Fraud detection, risk analysis, and regulatory obligations (KYC, AML, tax).
Integration with Partners for account creation, underwriting, and transaction processing.
Security monitoring, incident response, and data integrity.
Internal analytics, auditing, and corporate governance.
Marketing, communications, and customer support.
Compliance with applicable law, subpoenas, or enforcement requests.
4. LEGAL BASIS
Processing occurs under one or more lawful bases, including:
Contractual necessity;
Compliance with statutory/regulatory obligations;
Legitimate interests of Paydan or its Partners;
Express consent (where required by law).
5. DATA SHARING & DISCLOSURE
5.1 Data may be disclosed to:
Partners, including sponsoring banks, processors, ISOs, ISVs, and technology vendors;
Affiliates within the Paydan corporate structure;
Professional advisors, insurers, auditors, or acquirers in case of merger or restructuring;
Government, courts, or regulators upon lawful request.
5.2 Paydan disclaims all responsibility for Partner data practices and assumes no liability for acts or omissions of third parties.
6. INTERNATIONAL TRANSFERS
Data may be transferred to jurisdictions that do not provide equivalent protections. By using the Services, you expressly consent to such transfers.
7. DATA RETENTION
Personal Data will be retained only as long as legally required or necessary for the business purposes described herein. Upon expiration, Paydan will anonymize or securely delete data, unless law requires otherwise.
8. SECURITY
Paydan implements commercially reasonable safeguards consistent with industry standards (including PCI-DSS where applicable). However:
No system is impenetrable.
Paydan makes no warranty of absolute security.
You agree that all risk of unauthorized access, hacking, or breach rests solely with you, and Paydan shall not be liable for resulting damages.
9. USER RIGHTS
Where applicable law grants rights (e.g., GDPR, CCPA/CPRA), you may:
Request access, correction, deletion, or portability of Personal Data;
Restrict or object to Processing;
Withdraw consent where consent was the legal basis.
Requests must be submitted to info@paydan.net
. Paydan reserves the right to:
Deny requests inconsistent with law or business needs;
Charge administrative fees for repetitive, excessive, or unfounded requests;
Require identity verification before action.
10. CHILDREN
The Services are not directed to persons under 18. By using the Services, you represent that you are of legal age.
11. COOKIES & TRACKING
Cookies and tracking technologies are used for analytics, security, and personalization. By using the Services, you consent to such technologies.
12. DATA PROCESSING ADDENDUM (DPA)
When Paydan acts as Processor, the following terms apply:
Processing strictly per Controller’s instructions;
Confidentiality obligations on authorized personnel;
Industry-standard security measures (GDPR Art. 32 equivalent);
Use of subprocessors only under binding agreements;
Deletion or return of Personal Data upon termination, subject to legal retention;
Cooperation with lawful audits at Controller’s expense.
13. DISCLAIMERS & LIMITATIONS OF LIABILITY
To the maximum extent permitted by law:
The Services are provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, express or implied.
Paydan expressly disclaims all liability for:
Acts or omissions of Partners, merchants, or third parties;
Errors, delays, outages, or interruptions of Services;
Unauthorized access, breaches, malware, or cyberattacks;
Accuracy, completeness, or timeliness of data.
Paydan’s aggregate liability for any claim arising from or relating to this Policy shall not exceed $100.
No consequential, incidental, punitive, exemplary, or indirect damages shall be recoverable.
You agree to indemnify, defend, and hold harmless Paydan from all claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of your use of the Services or your violation of this Policy.
14. CALIFORNIA, EU & GLOBAL COMPLIANCE
Paydan endeavors to comply with all applicable data protection laws, including but not limited to GDPR, CCPA/CPRA, LGPD, and other international frameworks. To the extent of conflict, U.S. law and the law of the State of California shall govern.
15. GOVERNING LAW & DISPUTES
This Policy shall be governed by the laws of the State of California, U.S.A., without regard to conflict of laws principles. Any disputes shall be resolved exclusively through binding arbitration in Los Angeles County, California, under AAA rules, with no class actions permitted.
16. SEVERABILITY & SURVIVAL
If any provision of this Policy is deemed unlawful or unenforceable, the remaining provisions shall remain in full force. All disclaimers, indemnities, and limitations of liability survive termination of your use of the Services.
17. UPDATES
Paydan reserves the unilateral right to amend or replace this Policy at any time. Continued use of the Services constitutes binding acceptance of any updates.
18. CONTACT
Paydan, Inc.
Email: info@paydan.net
Phone: (855) 721-8022