Privacy Policy

This privacy policy (Privacy Policy) sets out how Subundl Pty Ltd ACN 654 204 298 and its related bodies corporate (as defined in the Corporates Act 2001 (Cth)) (we, our, us) collects, stores, uses, protects, shares and discloses your personal information. It applies to our website located at subundl.com and its related services, products, websites, social media pages, tools and applications (together the Website). By visiting or using the Website 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 Software as a Service Agreement available on the Website.

1. 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:

  • Account information: this includes information that we collect when you register to use our Website by creating an Account. The information we collect includes your name, email address, and other contact details and any other information you directly give us at the registration stage. If you are registering for our Subundl Platform then we will also collect your business details, information of Authorised Users, and any other information that will assist us in delivering the Services to you. Where Clients create Accounts for Authorised Users, we may also collect detail provided to us in respect of such Authorised Users.

  • User information: this includes information that you have provided to us when using the Website and during the provision of Services. The information we collect includes customer level data (such as your billing address and telephone number), order level data (such as order numbers and other details provided to us) and any other additional information you provide to us directly or indirectly through your use of the Website and our Services. We use such information to assist in providing our Services to you.

  • Participant activity: when you use the Platform, or your Authorised Users use the Platform we collect the details of each service to fulfil the provision of the Services to you. This also includes data provided by third party services where integrated with the Platform and any information provided by a Client about their Consumers.

  • Profile information: this includes any information you choose to store on the Website or Platform that will assist us in delivering our services to you and includes information regarding any subscriptions.

  • Financial information: this includes information such as payment card details and bank account details (as applicable). We use this information to send to our third party payment gateways when you make payment.

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

  • Marketing use information: this includes information provided to us using a marketing or newsletter sign up form.

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

  • Other information we collect related to your use of the Website: 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 Website or our online presence, or otherwise required by us or provided by you.

 

In respect of personal information of Authorised Users or customers of our Clients that use our Platform (or that are otherwise transmitted through the Platform), such personal information may be processed by the Services on behalf of the relevant Client. When working in such processing capacity we will be acting on the instructions of our Clients and you will need to review the privacy policy of the relevant Client as in this instance they will have control of the personal information, and we will only process it on behalf of our Clients in accordance with their instructions and not for our own purposes. 

 

Ultimately, the Client is in control of the personal information of Authorised Users and its customers and we act only to process that personal information in accordance with their instructions. This means that you should contact the Client with any requests.

2. 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 Website or the Platform;

  • you use the Website or the Platform to enter in user content;

  • you use the Website or the Platform generally;

  • you subscribe to any of our newsletters;

  • you contact us through our Website, in person, by phone or in writing;

  • you submit any of our online sign up forms;

  • you provide your information to any of our software providers in connection with the provision of services we are providing to you;

  • you deal with us generally via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;

  • you interact with our Website, social applications, services, content and advertising; and

  • you invest in our business or enquire as to a potential purchase of our business.

 

If a Client signs up on your behalf we will collect information about you provided by the relevant Client. If a Client provides information about you, we will collect that information provided by the Client. We rely on their acknowledged consent on your behalf.

 

Tracking and Cookies Policy

We may also collect personal information from you when you use or access our Services or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your Services usage. 

 

“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This enables us to recognise your computer when you visit our Website, without bothering you with a request to register or log-in. It also helps us keep track of services you view, so that we can send you information about those services. We also use cookies to measure traffic patterns, to determine which areas of our Websites have been visited, and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online services. We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the Website, track user movements, and gather broad demographic information.

 

Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customization.

3. Use of your Personal Information

We collect and use personal information for the following purposes:

  • to operate the Website and the Platform and otherwise provide services or information to you including to:

    • assist in streaming and personalising information for you;

    • facilitate the interaction between you and us (and the Platform) to enable us to provide the Services to you;

    • enable us to process your personal data;

    • enable us to receive payment;

    • prevent and detect fraud and/or money laundering;

    • enable us to provide your personal data to others whom you consent or where permitted under the Privacy Act (as detailed below);

    • to manage our relationship with you, including information about similar services or terms and conditions or send you an email reminder that a task you have performed on our Website remains uncompleted;

    • enable you to communicate with us regarding your use of the Website or the Platform;

    • verify your identity (including via third party service providers);

    • 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 Website;

  • for record keeping and administrative purposes, including accounting purposes;

  • to improve and optimise our service offering and customer experience;

  • to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

  • 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 that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

  • 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.

4. Disclosure of your Personal Information

We may disclose your personal information to our employees, service providers who assist us to provide the Services to you such as providers of website development services, postal and shipping agents, information technology service providers, third party software providers (including our customer relationship management software), contractors, third party payment gateway providers, accounting service providers including our accounting software platform and other third parties who provide us with any assistance located inside or outside of Australia. In some cases, we may need to disclose your information to third parties outside of Australia and service providers located internationally, in order to enable us to provide the Services. 

Where we use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).

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:

a. for users of the Platform, the relevant Client that you expressly authorise;

b. your authorised representatives;

c. government and regulatory authorities and other similar organisations, as required or authorised by law; and

d. such entities that we propose to merge with or be acquired by.

We may also disclose your personal information to third parties through the use of the services where you have consented to such use.

If you access third-party services to login to the Platform, or to share information with, these third-party services may be able to collect your information in accordance with their privacy policies. We may also send your personally identifiable information to our payment service providers.

We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Website or the Platform. 

Where you leave a review of our services, or if you tag us in any of your own material (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.

5. Remarketing

We may use third party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. Where we do so, this means that we will continue to show ads to you across the internet, specifically on the Google network. The third-party vendors, including Google, will place cookies on web browsers in order to serve ads based on past visits to our Website. You can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

6. Emails & Marketing

In order to provide the Services to you, you agree to receiving emails from us for the following purposes:

  • notifications about activity on the Services (which are set on by default) including order updates, recommendations, and general updates; 

  • communication from us or our representatives in connection with the Services; and

  • marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing. This includes where you have signed up to our marketing or promotional newsletters.

 

By default you will receive these email notifications to your email address you nominate at registration.

7. 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 measure 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 fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

8. 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.

9. 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 set out below and we will take reasonable steps to ensure that it is corrected.

If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

10. 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 Website or Platform to you, either to the same standard or at all;

  • we may not be able to provide the Services to you or handle your order effectively;

  • we may not be able to provide you with information about the Website that you may want; or

  • we may be unable to tailor the content of our Website to your preferences and your experience of our services may not be as enjoyable or useful.

11. 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.

 

12. 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 Website or Services shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications. We may amend this Privacy Policy from time to time. Not all changes to our Privacy Policy will require your consent, for example where office security procedures are changed. We will notify you of any change to our information handling policy that requires your consent before being implemented.

13. Enquiries, requests & complaints

Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, who you can contact using our details set out 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. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.

Office of the Australian information Commission

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address: GPO Box 5218, Sydney NSW 2001

Website: www.oaic.gov.au

 

Contacting us

Entity: Subundl Pty Ltd ACN 654 204 298

Contact: Please contact us by submitting a contact us form on the Website.