2. What information do we collect and how is it collected?
2.1 Information provided by you
The kinds of Personal Information we collect include your contact information such as your name, email address, organisation, address and phone or mobile number.
We reserve the right to maintain, store and use any information or data where we reasonably believe that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
You expressly consent to the use of your Personal Information for the provision of Services in accordance with our Terms.
2.2 Automatically collected Personal Information
When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS). Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.
2.3 Personal Information collected via cookies
We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
2.4 Google Analytics
Showpo may use a range of services and functions offered by Google Analytics, including but not limited to Google Optimize, Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Showpo also uses Google Analytics to partner with third parties and advertise online. Our third-party partner may use technologies such as cookies and third party Tracking Technologies to gather information about your activities on our Website and other sites in order to provide you advertising based on your browsing activities and interests.
Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.
3. For what purposes do we collect and use Personal Information?
- for provision of the Services;
- register your user account and to verify your identity or age;
- facilitate payment and processing via third party gateways and alternative payment methods (such as Paypal);
- or communication with you in association with the functions and features of the Services;
- for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, support and administrative messages;
- for analysis, monitoring, development and improvement of our Services, including other products or services;
- for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;
- for sending marketing communications to you, including notifying you of promotional or advertising offers, contests and rewards, upcoming events and other news about products and services offered by us and use of our Services;
- to comply with relevant laws and regulations where applicable; and
- for the performance of other functions described at the time of collection or as consented to in relation to our Services.
4. How do we store and protect your information?
4.1 Storage of Personal Information
4.2 Who can access your Personal Information?
Please note that no method of electronic transmission or storage is 100% secure and we cannot guarantee the absolute security of your Personal Information. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the Services within a secure environment. It is your responsibility to ensure that you keep your Personal Information safe, including keeping your software up to date to prevent security breaches.
We reserve the right to maintain and store any information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
We destroy or de-identify your Personal Information after 2 years where it is no longer needed for the purposes outlined in this Policy. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
5. To whom your Personal Information is disclosed?
5.1 Showpo and Related Bodies Corporate
5.2 Parties required by law
5.3 Direct marketing
You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, replying ‘Stop’ to a promotional SMS or by contacting us by phone or email.
Please note that our transactional emails, such as order confirmations, may contain marketing communications including recommendations as to products you may be interested in. By making an order with us, you expressly consent to us sending you such emails containing marketing communications.
5.4 Other third parties
We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:
- investigate and defend ourselves against any third party claims or allegations;
- protect against harm to the rights, property or safety of Showpo, its users or the public as required or permitted by law; and
- detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
5.5 Overseas disclosure
We use reasonable steps to ensure that these parties are either governed by substantially similar, accessible and enforceable laws to the Australian Privacy Principles or adhere to the Australian Privacy Principles, however to the maximum extent permitted by law, we are not liable for the privacy practices of such parties. Overseas organisations may be required to disclose information that we share with them under an applicable foreign law.
Please note that the transfer of your Personal Information to such overseas parties may pose risks to the security of your Personal Information as these countries may not have been issued with an adequacy decision as set out in the GDPR (see paragraph 11) or have appropriate safeguards in place, however by providing your Personal Information to us, you acknowledge and consent to disclosure of Personal Information to such overseas recipients.
6. Third party Websites and social media
Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends or other information that you make publicly available and you understand that such information may therefore be accessible by us if you interact with its social media pages.
We may from time to time, have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share and any user interactions with our social media pages and may use such information for the purpose of its marketing and promotion strategies.
7. How can you access or update your Personal Information?
We take reasonable steps to keep your Personal Information accurate, complete and up-to-date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information deleted or corrected.
You may request access to the information we hold about you, or request that we delete, update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us in accordance with paragraph 10.
Showpo will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.
8. How can you make a complaint about our privacy practices?
10. Contact us
- by contact form at www.showpo.com;
- by e-mail at email@example.com; or
- by letter to the Data Protection Officer, Unit 3, 203 Rookwood Road, Chullora NSW 2190.
11. Application of GDPR
If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.
11.1 Consent and right to withdraw consent
To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.
11.2 Legal Basis
- your express consent;
- for our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
- in order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.
11.3 Your rights
(a) Right of access
(b) Right of rectification
(c) Right to erasure
- the Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- you withdraw consent to consent-based processing;
- you object to the processing under certain rules of the GDPR; or
- the Personal Information has been unlawfully processed.
(d) Right to restriction of processing
- you contest the accuracy of the Personal Information;
- processing is unlawful but you oppose erasure;
- we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; or
- you have objected to processing, pending the verification of that objection.