MerchantSuite Pty Ltd and its related entities (referred to as MerchantSuite, we or our) are committed to the protection of your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (Privacy Act).
"Personal Information" is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not.
MerchantSuite may collect and hold Personal Information such as your name, gender, date of birth, contact details (including your address, phone numbers and emails, whether personal or for work), financial information, payment details, bank account details, tax file number and/or products and services information and preferences.
3.1. MerchantSuite collects Personal Information from customers, employees, contractors and other individuals that is reasonably necessary for one of more of our functions or activities, including: in order to allow us to conduct our business functions, to meet any regulatory requirements which apply to our business, to market and sell our products and services and to conduct employee related activities.
3.2. You have the option to deal with us anonymously or by using a pseudonym. However you acknowledge that where this is impractical (for example when you contract with us) or where the law or a court order provides otherwise we are not required to provide these options to you.
3.3. If you choose not to provide your Personal Information to MerchantSuite, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.
4.1. MerchantSuite collects Personal Information when you: become an employee of MerchantSuite, visit our Website, supply or buy products or services, request information about us or our products or services, provide feedback, respond to a survey, change your content or email preferences, contract with us, fill in a form on our Website, or contact us by telephone, facsimile, email, post or in person.
4.2. MerchantSuite may also collect Personal Information about you via third parties including from our suppliers and merchants.
4.3. In some circumstances we may receive Personal Information that we have not requested. If this occurs, we will comply with our obligations under the Privacy Act. You acknowledge that we may de-identify and/or destroy this information unless we are required to keep it by law.
5.1. MerchantSuite will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below. For example, MerchantSuite may collect Personal Information from users of the Website when they:
otherwise correspond with MerchantSuite
5.2. When you visit and browse our Website, our Website host may collect Personal Information for statistical, reporting and maintenance purposes. Subject to clause 7.4, the Personal Information collected by our Website host will not be used to identify you. The information may include:
the path taken through our Website.
5.3. MerchantSuite's Website host uses this information to administer and improve the performance of our Website.
5.4. Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns.
5.5. If you access our Website, a cookie is downloaded onto your computer's hard drive when you first log on to our Website. You can adjust your internet browser to disable cookies, however MerchantSuite may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.
5.6. Web beacons are images that originate from a third party site to track visitor activities. MerchantSuite may use web beacons to collect aggregate data and provides this information to our Website host to administer and improve the performance of our Website.
5.7. We may use Google and/or other third-party service providers to serve advertisements on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your visits to our Website (not including your name, address, email address or telephone number), and your interaction with our products and services. They may also use information about your visits to the Website and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.
6.1. MerchantSuite uses the Personal Information it collects about you for our business functions and activities, which may include the following:
for any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.
6.2. MerchantSuite may use your Personal Information for a secondary purpose if that secondary purpose is related to those purposes in clause 6.1, if we have your consent or if otherwise provided for under the Privacy Act.
6.3. MerchantSuite may use your Personal Information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about MerchantSuite or the products or services offered by MerchantSuite.
6.4. You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 14.
7.1. Depending on the nature of your relationship with MerchantSuite, we may disclose your Personal Information to shareholders, officers and employees of MerchantSuite, other businesses within our group of companies, service providers who assist us in our business operations, parties involved in the purchase or sale of any of our businesses, other third parties, or otherwise as required by law.
7.3. We may also share non-personal, de-identified and aggregated information for research or promotional purposes. We will not sell your Personal Information to third parties for marketing purposes.
Your Personal Information may be disclosed outside of Australia to an entity in a foreign country, including entities in which MerchantSuite has an ownership interest. These countries include [United States of America]. It is possible that such entity may be subject to foreign laws that do not provide the same level of protection of Personal Information as in Australia. We take steps to ensure that these overseas entities are obliged to protect the privacy and security of your Personal Information and use it only for the purpose for which it is disclosed.
10.1. MerchantSuite will take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure.
10.2. MerchantSuite aims to keep your Personal Information secure and up to date. We will comply with our obligations under the Privacy Act in relation to any Personal Information that we handle, including information which is held on MerchantSuite's computer systems.
We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date and complete. You can update your Personal Information at any time by contacting MerchantSuite in any of the ways specified in clause 14. MerchantSuite welcomes any changes to your Personal Information so as to keep our records up to date.
12.1. We will keep your Personal Information only for as long as required for our business purposes and otherwise as required by Australian law.
12.2. Where we no longer need to keep your Personal Information in accordance with clause 12.1, we will take reasonable steps to destroy or de-identify your Personal Information.
12.3. If you wish to have your Personal Information destroyed or de-identified, please let us know and we will take reasonable steps to do so (unless we need to keep it for legal, auditing or internal risk management reasons).
13.1. You are entitled to access Personal Information that MerchantSuite holds about you. If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the Australian Privacy Principles or at law. If we refuse your request to access your Personal Information, we will provide you with written reasons for the refusal.
13.2. A request for access can be made by contacting MerchantSuite in any of the ways specified in clause 14.
14.2. You can find out more information about the Australian Privacy Act and the Australian Privacy Principles from the Australian Information Commissioner. The Information Commissioner may be contacted at www.oaic.gov.au (email - email@example.com).