Privacy Policy

PRIVACY POLICY

INTRODUCTION This privacy policy (“Privacy Policy”) sets out how Swift Image Pty Ltd ACN 613 105 481 trading as MerchantSpring and its related bodies corporate (“we”, ”our”, ”us”) collects, stores, uses, protects, shares and discloses your personal information. It applies to our platform under the name “MerchantSpring” and its related services, websites, applications and tools (together the “Platform”). By visiting or using the Platform you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy.

Capitalised words in this Privacy Policy have the same meaning as in the Terms and Conditions available on the Platform.

TYPES OF PERSONAL INFORMATION WE COLLECT As part of delivering our Services we may collect personal information about you as defined under the Privacy Act 1998 (“Privacy Act”). We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:

• Registration information: This includes information that we collect when you register to use our Platform by creating an Account. The information we collect includes your name, mailing or street address, email address, telephone number and other contact details and any other information you directly give us at the registration stage.

• User information: This includes information that you have provided to us when using the Platform and information we collect via API from any third party marketplace accounts that users connect to the Platform. The information we collect includes customer level data (such as addresses of customers), order level data (such as order numbers) and any other additional information you provide to us directly or indirectly through your use of the Platform and any connected marketplace account. We use such information to assist in providing the Services to you and will not use this information for any other purpose (such as marketing).

• Profile information: This includes any information you choose to store on the Platform that will assist us in delivering the Services to you and includes information regarding any subscriptions.

• Financial information: This includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways.

• Platform use information: When you use our Platform, for example when you contact us we collect information that enables the Platform to be able to run.

• Surveys: Information in connection with client surveys, questionnaires and promotions.

• Other information we collect related to your use of the Platform: Your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Platform or our online presence, or otherwise required by us or provided by you.

HOW WE COLLECT PERSONAL INFORMATION We may collect personal information either directly from you, or from third parties, including where:

• you register or sign up to the Platform (or when you login through social media);
• you or a third party use the Platform to enter user content or if you or a third party connect a marketplace account or service to the Platform and information is extracted through the API;
• you use the Platform generally;
• you subscribe to any of our newsletters;
• you contact us through our Platform;
• you submit any of our online sign up forms;
• you communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
• you interact with our Platform, social applications, services, content and advertising; and
• you invest in our business or enquire about a potential purchase in our business.

Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

USE OF YOUR PERSONAL INFORMATION We collect and use personal information for the following purposes:

• To operate the Platform and provide services or information to you, including to assist in streaming and personalising information for you;
• Enable us to process your personal data;
• To manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Platform remains uncompleted;
• Enable you to communicate with us regarding your use of the Platform;
• Confirm your identity;
• To provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the Services to you;
• Communicate with you about your Account, or any transaction;
• To be de-identified for the purposes of generating statistical data and improving the Platform;
• For record keeping and administrative purposes;
• To improve and optimise our service offering and customer experience;
• To comply with our legal obligations, resolve disputes or enforce our agreements;
• To administer and protect our Services;
• To enable you to take part in a competition;
• To send you marketing and promotional messages and other information;
• To send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
• To consider an application of employment from you.

DISCLOSURE OF YOUR PERSONAL INFORMATION We may disclose your personal information to our employees and volunteers, service providers who assist us to provide the Services to you such as information technology service providers, contractors and other third parties located inside or outside of Australia. If we disclose personal information outside of Australia, we will take reasonable steps to ensure that the overseas recipient deals with such personal information in adherence with the Australian Privacy Principles.

We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to or to third parties where permitted under the Privacy Act. This also includes:

• Your authorised representatives;
• Government and regulatory authorities and other similar organisations, as required or authorised by law; and
• Entities that we propose to merge with or be acquired by.

STORAGE & SECURITY We use third-party cloud providers that provide hosting, data storage and other services. We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

LINKS Our Services may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details and we will take reasonable steps to ensure that it is corrected.

IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION If you do not provide us with the personal information described above, some or all of the following may happen:

• We may not be able to provide the Platform to you, either to the same standard or at all;
• We may not be able to provide you with information about the Platform that you may want; or
• We may be unable to tailor the content of our Platform to your preferences and your experience of our Services may not be as enjoyable or useful.

NOTIFIABLE DATA BREACH In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.

UPDATES This Privacy Policy is subject to occasional revision and we reserve the right, at our sole discretion, to modify or replace any part of this Privacy Policy. It is your responsibility to check this Privacy Policy periodically for changes. Continued use of our Platform or Services shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications.

ENQUIRIES, REQUESTS & COMPLAINTS Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by us, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer. We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims.