Date of last update: 2 April 2024

1. Who we are

In this policy, we, us, our or Marketplacer refers to the Marketplacer group of companies which includes Marketplacer Holdings Limited, a corporation registered in Australia, and its subsidiaries located in Australia, New Zealand, the United Kingdom and the United States. 

2. Who and what this policy applies to

This policy explains how Marketplacer collects, uses, shares, stores and retains your personal data in connection with our services. Marketplacer offers its platform as a service solution to power the growth of its  customers’ e-commerce websites (“customer sites”). 

“You” or “your” means you, as the data subject, where we have obtained your personal data directly from you or your employer, or indirectly through our business customers who operate customer sites, suppliers, partners or third parties. 

This policy also explains how Marketplacer collects, uses, shares, stores and retains your personal data when you visit our websites www.marketplacer.com or www.marketplacer.com.au.

This policy does not apply to information we collect about businesses or companies, however it does apply to information we process about the people in those businesses or companies to the extent such information is within the scope of applicable privacy laws.

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information.  For visitors to our websites, platform or services, Marketplacer will generally be the controller of your personal data. Otherwise, Marketplacer is generally the processor of personal data supplied to us by our customers inconnection with the supply of services to those customers and their sellers.

Third Party Services

The services we provide may allow you to connect with third party services, for example channel managers, third party eCommerce platforms, payment gateways or analytics services. If you submit any personal data to these services, we are not responsible for any act or omission of that third party, including that party’s use of your data. We encourage you to satisfy yourself as to the privacy practices of a third party before you opt to share your data with them. 

If a customer elects to use a third party integration or service together with our services, the customer will be the “controller” and Marketplacer and the relevant third party will respectively act as “processors”. When you use a third party service with our services, (a) any data within Marketplacer’s control will be processed according to the terms of any agreement between us and this Privacy Policy, and (b) any data within the third party’s control will be processed according to the terms of the agreements between you and the third party. You should contact the relevant third party for any issues arising from your use of its services.

3. Our collection of personal data

In connection with our services and/or websites, we collect and process the following types of personal data:

• your contact details such as your name, business email address, role and phone number, whether provided directly by you or your employer, obtained from public sources or licensed to us by third party service providers; 
• information collected directly from you which will be apparent from the context in which you provide the information, such as information you choose to provide to us when you fill in an online form, create an account, register for the Marketplacer Community, use our website chat service or request support from us;
• information we collect while acting as a data processor on behalf of our customers, including:
  
  • information about shoppers who use customer sites, if orders are processed through Marketplacer, including names and contact information, shipping data, billing and shipping address, and other information on orders or invoices;
  • information about third party sellers who sell on customer sites through Marketplacer, including seller account details, address data, bank account data for the purposes of payouts due to sellers from the customer site operator and payment data to enable the customer site operator to charge sellers for subscriptions and billing if applicable; and
  • the username, account details, and hashed passwords used by individuals who access our services, including our seller and operator portals, the Marketplacer Community, integration methods, as well as any information input by those individuals while using the services (such as in comments, adverts and received orders);
• device information which we log when you visit or use our services or websites, such as IP address or other device identifiers, browser information, system configuration information, and geographic location; and
• usage data about how you interact with our platform, services or websites. 

In some cases, we collect this data through cookies, pixels, tags and similar tracking technologies that create and maintain unique identifiers, as described in our Cookies Policy.

If we engage in joint marketing activities or event sponsorships with third party partners, we may collect personal data about you from these activities. We also allow partners to provide referrals to Marketplacer of individuals whose employers may be interested in learning more about our services. We rely on our partners to obtain your permission before sharing your information with us.

Do Not Track

Our website complies with the California Online Privacy Protection Act (CalOPPA) and respects the privacy preferences of our users. We recognize and respond to the “Do Not Track” (DNT) signals sent by web browsers. If you enable the DNT setting in your browser, we will take reasonable steps to disable tracking cookies and refrain from collecting certain types of information about your online activities.

Please note that while we strive to respect the DNT preferences, we cannot guarantee or warrant the effectiveness of these mechanisms across all browsers and devices. Third-party services and content embedded on our website may have their own tracking technologies, and your interactions with those features are subject to their privacy policies.

How to adjust your preferences: 

• Browser settings: most web browsers allow you to manage your DNT preferences through the browser settings. You can typically find these settings in the “Privacy” or “Security” section of your browser.
• Third-party tools: There are also third-party tools and browser extensions available that can help you set and manage your DNT preferences.
  

4. How we use personal data

We rely upon a number of legal grounds as outlined in this section to ensure that our use of your personal data is compliant with applicable law.

Contractual And Pre-Contractual Business Relationships

We use personal data for the purpose of entering into business relationships with our customers, customers, sellers who use our services or participate in the Marketplacer Community, partners, service providers and others, and for the purpose of performing contractual obligations under those contracts.

Legitimate Interests

• When we process your data on the basis of legitimate business interests, we take measures and ensure safeguards are in place to protect your rights and interests. 

  Specifically, we process personal data:

  • to provide and administer our services
    
  • to ensure services operate as intended, for site or platform performance or to enable us to run platform infrastructure;
  • to enable us to monitor, detect, prevent and address technical issues with our services or websites, troubleshoot and provide customer support;
  • for business continuity and disaster recovery, including to enable us to restore the service in the event that our platform is down or has suffered significant data corruption;
  • to protect the security of, and prevent misuse or unauthorised access to, our services or websites;
  • to prevent fraud or verify a user’s identity;
  • to identify opportunities to improve, and then improve,our business or services or inform the development of new products and services;
  • to manage and maintain records of prospects and customers, identify prospective customers and communicate, support and respond to customers or site visitors effectively;
  • in the interest of growing our business, for direct marketing where you have expressed an interest in our services, completed an online form or otherwise indicated your interest in pursuing a business relationship, but only if we think you are able to reasonably expect at the time and in the context of collection of the data that processing for the purpose of direct marketing may take place;
  • to plan and host corporate events, including online webinars;
  • for the purpose of investigating and enforcing legal claims and other dispute resolution procedures to enable us to ensure that Marketplacer’s rights are protected and to seek remedies if necessary; and
  • for research and analytics purposes, including to count visits and traffic sources so we can measure and improve the performance of our website or platform.

Consent

If you consent, we may process your data or share it with third parties for the purposes of marketing, advertising and related analytics.

If our data collection or processing is based on your consent, you may at any time withdraw your consent with effect for the future by email to [email protected]. 

Complying With Legal Obligations

In limited circumstances, we may process your personal data in order to comply with our financial, regulatory, tax and other legal obligations.

5. Who we share personal data with

Affiliates

We may share your data with our affiliates (those entities under common control) within the Marketplacer group of companies to provide services you request, such as customer support, marketing, technical operations, and account management.

Community participants.

When you join the Marketplacer Community as a seller, you agree to be contacted by operators who use the service and are seeking new sellers for their eCommerce sites. This means that your business, business contact details and in some cases, products, may be discoverable through searchable directory. 

Service Providers

We share your data with our contracted service providers who we engage to perform tasks or provide capabilities on our behalf. For example, Amazon Web Services (AWS) provides hosting services to us.

The organizations that Marketplacer shares personal data with are located throughout the world. If you are in the European Union, some of the countries to which data will be transferred in our use of service providers, such as the United States and Australia, may not have data protection laws as comprehensive or protective as those in your country of residence. When we transfer data from the European Union to other countries, we use legal mechanisms like contracts to make sure there is an adequate transfer mechanism in place.

Advertising And Analytics

When you visit our website, or use our services, third parties may store cookies in your browser. If you consent, ad networks may use the information obtained from cookies to target advertising to you, including through behavioural advertising, to measure the effectiveness of advertising and to personalize content and ads you see while visiting sites or apps within their network.

Purchasers Of Marketplacer Business

If any Marketplacer group company or substantially all of its assets are acquired by a third party, the personal data held by it will be one of the transferred assets.

6. How we store your personal data

AWS servers which we use to supply services to our customers are based in the United States, Australia and the European Union, so if you are an end-user, seller or admin user of a customer site operator using our services, your personal data will generally be processed and hosted in one of these regions as chosen by the customer site operator. We may process and store your data in the selected region, or we may transfer it to other countries in which we have affiliates or service providers. 

In general, we keep your data only for the period necessary for the accomplishment of the purposes for which that data was collected, or longer if necessary to fulfill legal or regulatory obligations. We will then de-identify or destroy personal data when no longer required by us.

We may create aggregate, de-identified data derived from data we hold about you (usage data). For example, we may create aggregated, de-identified data for the purpose of improving our services or sharing insights with our customers or partners. None of your usage data will be disclosed to third parties in a non-aggregated or identifiable form.

7. Your rights and choices

Depending on data protection laws in your location, you may have rights including:

Your right of access – the right to ask us for copies of your personal data. 

Your right to rectification – the right to ask us to rectify personal data you think is inaccurate, and the right to ask us to complete information you think is incomplete. 

Your right to erasure – the right to ask us to erase your personal data in certain circumstances. 

Your right to restriction of processing – the right to ask us to restrict the processing of your personal data in certain circumstances. 

Your right to object to processing – the right to object to the processing of your personal data in certain circumstances.

Your right to data portability – the right to ask that we transfer the personal data you gave us to another organisation, or to you, in certain circumstances.

You can exercise the above rights by contacting us at [email protected]. You also have the right to lodge a complaint with your local supervisory authority, which will vary depending on your location.

You are not required to pay any charge for exercising your rights. 

8. Updates

If we need to update this policy from time to time, we will post the changes on this webpage. You can also register to receive updates to our policy by email at [email protected].

9. Other privacy notices

It is possible that other more specific Privacy Notices apply to a particular Marketplacer application or service. In such cases, the provisions of that specific Privacy Notice will override the provisions of this Policy but only to the extent of any conflict or discrepancy.

10. How to make a complaint