POSmusic Privacy Policy

POSMUSIC PTY LTD

POSmusic Pty Ltd (ABN 88 616 975 627) (POSmusic, us, we, our) maintain a policy of strict confidence concerning your (you, your) personal information (Privacy Policy).

This Privacy Policy details how we deal with your personal information and has been developed in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).

By providing your personal information to us directly or indirectly you accept the terms of this Privacy Policy.

1. What Kinds of information do we collect?

The type of information that we collect from you will depend on how you engage with us. When signing up directly to the POSmusic service the information we collect will include the following: name, email address, address and phone number of the business premises and any other personal information that you submit to us, submit to your user portal or otherwise submit to our websites, including posmusic.com (Site).

When using our service under an enterprise licence, any personal information collected will usually be agreed as between the head licensee and POSmusic based on any customisations made to the POSmusic platform.

2. How do we collect your personal information

We collect your personal information directly from you or where the head licensee authorises the collection, from the head licensee (our client). The main ways we collect personal information about you are when:

• you access our websites, including where you submit a contact request;
• you register with us;
• you log onto the websites;
• a third party, including our clients, provides it to us;
• you otherwise submit personal information about yourself, or someone else, to us, our Site or any POSmusic App or portal.

We will only collect your personal information from third parties if you give the third party your consent to provide the information to us or it would be reasonably expected.

If someone other than you provides us with personal information about you that we did not ask for, or you provide us with unsolicited personal information, we will only hold, use or disclose this information if we determine that we could have collected this information from you had we asked for it. In this circumstance we will take all reasonable steps to notify you of the collection of that information. If we could not have collected this personal information, we will lawfully de-identify or destroy that personal information.

3. If you are under 18 years of age

If you are under 18 years of age you must ask your parent or legal guardian to approve your provision of personal information before you submit your personal details to us.

4. Use of personal information

This Privacy Policy deals with personal information of registered users, clients, service providers and other third parties.

We will only use your personal information for the purposes for which it was given to us, or for purposes which are directly related to the provision of our services.

5. Use of personal information

Your personal information may be used by us in a number of ways, including to:

• provide the services offered on our Site, on any POSmusic App or otherwise advertised by us;
• send you newsletters or other promotional material;
• send you any hardware required as part of your POSmusic service;
• to customise the services to your location;
• enhance and improve your use of our websites and our products and services;
• to provide you with technical support or allow our third party service providers to provide this support;
• respond to any questions, comments or queries submitted by you;
• for internal business purposes, such as undertaking research, developing system analytics, measuring and developing our services; and
• as required or authorised by law, including under the Australian Privacy Principles.

5. Disclosure of information

In certain circumstances, it may be necessary for us to disclose your personal information to third parties in order to assist us in providing our services, or where disclosure is required by us to meet our legal and regulatory obligations. Third parties may include:

• current POSmusic clients (for example, the head licensee) for the purpose of providing our services to them and where you have authorised such disclosure or would reasonably contemplate such disclosure;
• digital marketing service providers such as MailChimp;
• technology support service providers where applicable to the service provided to you;
• data storage providers such as Amazon (servers located in Sydney, Australia);
• DHL and other freight or shipping service providers for the purposes of sending any hardware;
• government and law enforcement agencies and regulators; and
• entities established to help identify illegal activities and prevent fraud where authorised by law.

We may also disclose your personal information to anyone authorised by you, or to whom you have provided your consent (either expressly or impliedly) or where another permitted general situation applies (as defined in Section 16A of the Privacy Act).

We may share your personal information inside the POSmusic group of companies and to potential investors in the POSmusic group, but only to the extent necessary. If POSmusic goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its or their assets, your personal information may be among the assets transferred.

We will not disclose information that personally identifies you to any third party other than as set out in this Privacy Policy.

6. Direct marketing

We use personal information about you for the primary purpose of providing you with our services. We may also use it for other purposes for which you might reasonably expect us to use that information. You authorise us to use any email address or other contact information you provide to use at any time for such above purposes.

You can opt out of receiving electronic communication at any time. You agree and acknowledge that even if you opt out of receiving information about future events or marketing material, we will still send you essential information that we are required to send you relating to the services we provide.

7. Storage and security

The security of your personal information is paramount to us and we use all reasonable endeavours to keep your information in a secure environment and to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact us using the details below.

We keep records of the personal information we gather from you and store these on an encrypted server. You warrant that you will not act in a manner that results in us collecting, using or storing information that is in breach of our obligations at law.

If we no longer need your personal information, unless we are required under Australian law or a court or tribunal order to retain it, we will take reasonable steps to destroy, securely delete, or de-identify your personal information as appropriate.

8. Accuracy of your information

We take reasonable steps to ensure that the personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us using the below details and we will take reasonable steps to correct it.

9. Variation and consent to variation

We may vary the terms of this Privacy Policy at any time. You should check this Privacy Policy regularly so that you are aware of any variations made to this Privacy Policy.

10. Variation and consent to variation

We do not currently disclose personal information to overseas recipients.

11. Access to your personal information and making a complaint

You may request access to the personal information we hold about you. If you do so we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request.  This will be subject to any exemptions provided under the Privacy Act. You may request this information by writing to our Privacy Officer.

Where it is practical to do so, when contacting us, you have the option to either not identify yourself or to use a pseudonym.  However, this will not apply if we are required or authorised under Australian law (or a court or tribunal order) to only deal with individuals who have identified themselves.

If you wish to make a complaint about a breach of the Privacy Act by us, you may do so by providing your complaint in writing to the contact details listed below. You may also make a complaint verbally. We will seek to respond to any complaint within a reasonable period of time. We may seek further information from you in order to provide a comprehensive and complete response.

You may also make a complaint to the Office of the Australian Information Commissioner (OAIC). You may contact the Australian Information Commissioner via telephone on 1300 363 992, by submitting a complaint or inquiry online at www.oaic.gov.au or by writing to the OAIC at GPO Box 5218 Sydney NSW 2001.

12. Contact us

If you have any questions, or if you wish to contact us for any of the reasons described above, including to correct or access the information we hold about you or to make a complaint, please contact our Privacy Officer:

The Privacy Officer

Address: PO BOX 299, BAYSWATER VIC 3153, Australia
Email: privacy@posmusic.com