Log In Sign up
Legal

Electronic Communications and Anti‑Spam Policy

This Policy sets the rules for anyone who markets or promotes Payop. If you’ve received a message about Payop that you didn’t ask for, go to section 14 to report it.

The basics

1. Why this policy matters

We want every message about Payop to be one that people have agreed to receive. This Electronic Communications and Anti-Spam Policy (the “Policy”) sets out the rules for marketing Payop by email, SMS, messaging apps, social media, phone, push notifications and any other electronic channel.

In this Policy, “Payop”, “we” and “us” mean Transferop Payment Gateway Ltd. and any other company in the Payop group that provides the relevant services or on whose behalf a message is sent. By “services” we mean Payop’s websites, products and services.

2. Who this policy applies to

This Policy applies to:

  • our directors, employees and contractors (“our team”); and

  • anyone we allow to promote Payop, such as affiliates, partners, introducers, resellers, agents and marketing agencies (“partners”), and anyone they bring in to help them (“sub-partners”).

When we say “you”, we mean anyone this Policy applies to. In section 14, “you” also includes anyone who receives a message about Payop.

This Policy works alongside our Privacy and Cookies Policy and any agreement between you and us. If they set different rules on the same point, the stricter rule applies.

3. Key terms

  • “Marketing message” means any electronic message, call or post that promotes Payop or our services, even if it also contains other content. It doesn’t include service messages – messages whose main purpose is to tell someone about an existing payment, account or relationship, such as payment confirmations, security alerts and legal notices.

  • “Consent” means a clear, freely given, specific and informed “yes” to receiving marketing messages, given by an active step and meeting the legal requirements for the relevant channel and country.

  • “Spam” means any marketing message sent without consent or another legal basis, or otherwise in breach of the law – whether it goes to one person or to thousands.

  • “Applicable law” means all laws and binding rules on electronic marketing, data protection, consumer protection and financial promotions that apply to a message. Depending on where it’s sent, this may include the GDPR and UK GDPR, the ePrivacy Directive and the national laws implementing it (such as Malta’s S.L. 586.01 and the UK PECR), Canada’s Anti-Spam Legislation (CASL), and the US CAN-SPAM Act and TCPA.

  • “Business day” means a day other than a weekend or public holiday in the country of the relevant Payop company.

Your obligations

4. Our zero-tolerance approach

We don’t tolerate spam. You must not send spam, or cause or allow anyone else to send it, in connection with Payop.

Being our partner, or earning commission from us, never gives you permission to send spam. You’re responsible for every marketing message sent by you or on your behalf – including by your sub-partners, service providers or tools.

Service messages must not be used as a back door for marketing. Any promotional content in them must be secondary to their main purpose and follow this Policy.

5. What you must never do

You must not, directly or through anyone else:

  • message people without consent or another legal basis, or message people who have opted out or are on a do-not-call register;

  • use bought, rented, shared, harvested, scraped or auto-generated contact lists for marketing;

  • rely on consent collected by someone else (for example, through co-registration) unless it specifically covers messages about Payop;

  • fake or hide who a message is from, or use misleading subject lines, sender names or headers;

  • use open relays, botnets or hacked accounts, or spread sending across many domains or IP addresses to get around spam filters or blocklists;

  • use hidden text, cloaked links or redirects to hide who you are or where a link goes;

  • post promotions in forums, comment sections, review sites or social media groups where they aren’t welcome, or use fake accounts or bots to promote Payop;

  • make automated or pre-recorded calls without the prior consent the law requires;

  • say anything false or misleading about Payop – including our prices, features, availability, licences or regulatory status – or suggest you act for Payop beyond what we’ve agreed; or

  • target people under 18, or people in countries where we don’t offer our services or that are subject to sanctions that apply to us.

6. Getting consent

You may send marketing messages only if the person has given consent, or the law clearly allows you to message them without it – and only within the limits the law sets. If asked, you must be able to prove that you had consent or another legal basis.

When you ask for consent, you must:

  • ask for an active “yes” – no pre-ticked boxes, and silence doesn’t count;

  • keep it separate from your terms and conditions, and not make it a condition of using a service unless the law allows this;

  • explain what the person is signing up for, who is asking, who the messages will be sent for, how to contact you, and that they can withdraw consent at any time;

  • get separate consent for each channel where the law requires it; and

  • use double opt-in (a confirmation email or SMS) wherever practicable.

Consent to receive your own marketing doesn’t cover messages about Payop unless it says so.

Where the law allows you to message existing customers or business contacts without consent (for example, under the “soft opt-in”), you may do so only within those legal limits. The message must be relevant to the person, and they must have been able to opt out when you collected their details and in every message since.

Don’t message people whose consent has been withdrawn or has expired, and re-confirm consent with people who haven’t engaged with your messages for a long time.

7. What every message must include

Every marketing message must:

  • clearly show who sent it and, if different, who it’s sent for, with a postal address and one other way to get in touch that works for at least 60 days;

  • be clearly recognisable as marketing, with a subject line and sender name that match the content;

  • be accurate, fair and clear about Payop and our services, and consistent with materials we’ve approved;

  • make any offer, discount, gift or competition clearly recognisable, with conditions that are easy to find and understand;

  • if sent by a partner, disclose the relationship with Payop where the law requires, and never pretend to be Payop; and

  • include an easy way to unsubscribe (see section 8).

Partners must use only the creatives, landing pages, tracking links and product descriptions we’ve supplied or approved in writing, and must not change them without our written approval.

Messages must not contain malicious code. Tracking pixels and tracked links may only be used where the law allows.

8. Unsubscribing

Every marketing message must include a clear, free way to unsubscribe. People shouldn’t have to log in, pay or give anything more than their email address or phone number to do it.

Use a method that suits the channel – for example, an unsubscribe link, one-click unsubscribe for bulk email, or replying “STOP” to an SMS. It must keep working for at least 60 days after the message is sent.

Act on unsubscribe requests, however they reach you, without undue delay and within 10 business days at the latest (or sooner, if the law requires).

Once someone unsubscribes, add them to your suppression list and don’t send them any more marketing – apart from one confirmation where the law allows – unless they later opt in again. An opt-out from marketing about Payop covers all your marketing about Payop.

Check your contact lists against your suppression list, and against any suppression data we give you, before every campaign. Use our suppression data only for this purpose – never for marketing – and never share it.

9. Rules for each channel

Email. Authenticate your sending domains with SPF, DKIM and DMARC. Never send from or register a Payop domain, or a look-alike, without our written permission. Support one-click unsubscribe (RFC 8058) for bulk sending, remove bounced and invalid addresses promptly, and keep spam complaint rates below mailbox providers’ limits – and always below 0.3%.

SMS and messaging apps (such as WhatsApp, Telegram or Viber). Get prior express consent unless the law clearly says otherwise. Show who the message is from, include opt-out instructions and follow the platform’s rules. Don’t send messages outside legally permitted hours – and never between 9pm and 8am in the recipient’s local time.

Social media. Follow each platform’s rules. Don’t send unsolicited direct messages, mass-tag people, post repetitive or off-topic promotions, or use fake, automated or undisclosed accounts.

Phone. Follow the law on automated calls and do-not-call registers. At the start of each call, say who you are, who you’re calling for and that the call is about marketing.

Push and in-app notifications. Only send promotional notifications to users who’ve turned them on, and make sure they can turn them off at any time.

Rules for partners

10. Working with us

Following this Policy is a condition of your permission to promote Payop, in addition to your agreement with us. You’re responsible for complying with the law in every country where you send marketing messages.

We may carry out due diligence on you before and during our relationship – for example, on your marketing channels, where your contact data comes from and your compliance record. We may also ask you to get our written approval before you launch a campaign, use a new channel or sender name, or target a new country.

Sub-partners. You may only use sub-partners with our prior written consent. If we agree, you must bind them to rules at least as strict as this Policy and tell us who they are when we ask. You remain fully responsible for what they do.

Records. Keep complete and accurate records showing that you’ve followed this Policy, including where each contact came from, when and how consent was given (and the wording used), the legal basis you relied on, copies of messages and when they were sent, and how unsubscribe requests were handled. Keep them for as long as you use the contact data and for at least 3 years after that, unless the law requires otherwise.

Checks and audits. When we ask, send us these records and any other information we reasonably need within 5 business days (or another reasonable period we set). You must also let us or our auditor inspect the relevant records and systems on reasonable notice.

Complaints and investigations. Tell us within 2 business days about any complaint, regulator enquiry, blocklisting or legal claim involving marketing about Payop, and cooperate fully with us in dealing with it.

Personal data. Unless we agree otherwise in writing, you’re an independent controller of the personal data you use for marketing. You must not use personal data you receive from us for your own marketing.

Liability. You’re responsible for, and must compensate us for, any losses, fines, penalties and costs caused by your breach of this Policy, as set out in your agreement with us.

11. Using the Payop brand

Our brand includes our names, trademarks, logos, domain names, websites, sender IDs and social media accounts (the “Payop brand”). No one may use it with spam, or in a way that falsely suggests a message comes from, or is approved by, Payop.

Unless we agree in writing, you must not register or use any domain, subdomain, email address, sender ID, social media account or advertising account that includes the Payop brand or is confusingly similar to it.

Phishing, impersonation, domain spoofing and any other misuse of our brand are prohibited. We’ll protect our rights, including by reporting misuse to law enforcement and regulators and asking registrars, hosting providers and platforms to take it down.

How we enforce this policy

12. Our internal controls

Head of Legal is responsible for this Policy, including putting it into practice, monitoring it and keeping it up to date.

Our compliance team reviews new marketing channels, new target countries and campaigns involving paid media or partners before they launch.

Team members who work in marketing or partnerships, or who manage partners, are trained on this Policy when they join and regularly after that.

We may monitor compliance – for example, by tracking complaints and blocklists, using seed lists and test sign-ups, and reviewing partner campaigns – always in line with the law.

13. Investigations and consequences

We may investigate any actual or suspected breach of this Policy. You must cooperate fully and give us the information, records and access we reasonably need. While we investigate, we may pause campaigns, permissions, tracking links or payments linked to the activity, as far as your agreement with us allows.

If we reasonably decide that you’ve breached this Policy, we may do one or more of the following, in addition to any other rights we have:

  • require you to stop the activity immediately and, where appropriate, delete any unlawfully obtained contact data;

  • suspend or withdraw your permission to promote Payop;

  • withhold, cancel or claw back commission or other payments linked to the breach, under your agreement with us;

  • recover our losses, fines, penalties and costs, under your agreement with us;

  • suspend or end our relationship with you and exclude you from future partner programmes;

  • take disciplinary action, if you’re a member of our team; and

  • notify regulators, law enforcement, mailbox providers, platforms or blocklist operators, where the law requires it or we think it’s appropriate.

14. Reporting spam and breaches

If you’ve received a message about Payop that you didn’t ask for, or that looks suspicious, please report it to support@payop.com. If you can, include a copy of the message (with full email headers), when you received it and how (for example, by email or SMS). We’ll look into every report, take action where needed and get back to you where appropriate.

If this Policy applies to you and you become aware of an actual or suspected breach, you must tell us promptly. We don’t tolerate retaliation against anyone who raises a concern in good faith.

Nothing in this Policy limits anyone’s right to complain to a data protection authority or other regulator.

15. Your personal data

We handle personal data relating to marketing, suppression lists and reports in line with our Privacy and Cookies Policy and the law. We keep only the minimum data needed to respect opt-outs, and only for as long as we need it for that purpose.

16. Changes to this policy

We review this Policy at least once a year, and whenever changes in the law, regulatory expectations or our business require it.

We may update this Policy at any time. We’ll publish the updated version on our website with the date it was last updated. Changes apply from that date, unless we specify a later date. If you continue promoting Payop after the changes apply, you accept the updated Policy.

17. Contact us

Questions about this Policy? Contact us at support@payop.com.

← Previous