Effective as of 23 May 2018

Privacy policy

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website and mobile application (Site). In this Privacy Policy we, us or our means Promisepay Pty Ltd t/as Assembly Payments ABN 49 167 436 722.

We collect information about you and your interactions with us, for example when you request or use our products or services, register on our website, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

When we collect, store and use your personal information, we do so in accordance with the rules set down in the Australian Privacy Act 1988 (Cth) and, to the extent applicable, by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR).

Personal information

Personal information: The types of personal information or personal data we may collect about you includes:

  • Full name;
  • Contact details, including email address, mailing address, street address and/or phone number;
  • Age and/or date of birth;
  • Credit card, bank account, and/or financial details;
  • Tax file number;
  • Demographic information, such as postcode;
  • Preferences and/or opinions;
  • Information you provide to us through customer surveys;
  • Details of products and services we have provided to you and/or that you have enquired about, and our response to you;
  • Browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • Information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
  • Additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
  • Any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable us to provide services and you to access and use our Site, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • for internal record keeping and administrative purposes;
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
  • to run competitions and/or offer additional benefits to you;
    for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider your employment application.

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13.

If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@assemblypayments.com.

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • our existing or potential agents or business partners;
  • payment systems operators;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
    courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
    third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including in Philippines, New Zealand, USA, South Africa; and
  • third parties to collect and process data, such as Google Analytics, WordPress, Mailchimp, SurveyMonkey, BambooHR, Xero, Salesforce, Atlassian/Confluence, and Amazon. This may include parties that store data outside of Australia, including in USA.

For customers located in Australia: We may also send information overseas to complete a particular transaction, such as an International Money Transfer, or where this is required by laws and regulations of Australia or another country.

For customers located in California: If you are located in California, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@assemblypayments.com.

Where we disclose your personal information to third parties, including data processors, we will request that the third party handle your personal information in accordance with this Privacy Policy. The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Please note that we use the following third parties to process your personal information:

  • financial institutions;
  • payments processors;
  • support ticketing system providers such as ZenDesk;
  • customer relationship management providers such as Salesforce;
  • fraud detection providers;
  • data room or data transfer providers; and
  • cloud hosting providers.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and, if you are a European Union (EU) citizen, to third parties that reside outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.

We will not collect sensitive information about you without first obtaining your consent.

Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected

Sensitive information may also be used or disclosed if required or authorised by law.

Our responsibilities as a ‘processor’ under the GDPR

Where the GDPR applies to us and we are a processor, we have contracts containing certain prescribed terms in our contracts with controllers. Depending on circumstances, we can be a controller or processor or controller and processor. In addition to:

  • our contractual obligations with controllers (where we are solely a processor); and
  • our legal obligations under the GDPR as a controller (where we are both a controller and processor) as a processor we also have the following responsibilities under the GDPR:
    • not to use a sub-processor without the prior written authorisation of the data controller;
    • to co-operate with supervisory authorities;
    • to ensure the security of its processing;
    • to keep records of processing activities;
    • to notify any personal data breaches to the data controller; and
    • to employ a data protection officer and appoint (in writing) a representative within the European Union if required by the GDPR. (These are not required for the company at the present time).

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach.

We aim to resolve complaints as quickly as possible. If your complaint is taking longer and if you are not satisfied with our response after 30 business days, you may make complain to either the Office of the Australian Information Commissioner (OAIC) or to the Financial Ombudsman Service (FOS).

The Financial Ombudsman Service (FOS) offers a free and independent dispute resolution service for the Australian banking, insurance and investment industries. FOS will consider privacy disputes if they’re about the provision of credit, the collection of a debt, credit reporting or the banker-customer relationship, or if the privacy issue is part of a broader dispute with us. FOS can be contacted by calling them at 1300 780 808, online at www.fos.org.au or writing to Financial Ombudsman Service Limited, GPO Box 3, Melbourne VIC, 3001.

If your complaint is about the way we handle your personal information, you may also contact the Office of the Australian Information Commissioner by calling them at 1300 363 992, online at www.oaic.gov.au or writing to the Office of the Australian Information Commissioner, GPO Box 5218 Sydney NSW 2001.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

We store your personal information in a variety of ways, which includes both electronic and paper form. The security of your personal information is paramount and we take reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure. We do this in a number of ways including:

  • We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and they are required to keep the information confidential.
  • After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to continue using our payment service.
  • IT and document security policies;
  • Confidentiality requirements of our employees and contractors;
  • Security measures for access to our systems;
  • Restricting access to personal information only to persons who require access to carry out their responsibilities;
  • We train and remind our staff of their obligations with regard to your information;
  • Secured access to our offices; and
  • Electronic security systems such as firewalls and data encryption on our websites.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy. Where the amendment to this Privacy Policy is significant, we will notify you, by contacting you through the contact details you have provided to us.

Contact us

If there are any questions regarding this privacy policy you may contact us using the information below.

Assembly Payments
Level 3, 48 Cambridge Street, Collingwood, VIC, 3066, Australia
ABN: 49 167 436 722

Australia: 1300 654 892
New Zealand: +64 800 000 034
North America: +1 866 862 2714
Email: legal@assemblypayments.com