Privacy & Cookie Policy

Marketplacer Privacy & Cookie Policies


PRIVACY POLICY

Last updated 03 September 2018 – Version 2.1

We at Marketplacer Pty Ltd (an Australian company, ACN 161 625 789) ( “we”, “our”, “us” or “Marketplacer”) know privacy and data protection is important to  you (“users” “you” “your”, or “Marketplace Operator”) and we take your privacy seriously. We deal with personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”). The APPs govern how we can collect, use, hold and disclose your personal information, as well as ensuring the quality and security of your personal information. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

Marketplacer enables you to setup and manage a hosted online marketplace. By visiting or using the website located at http://www.marketplacer.com, our mobile applications, and any other services that we offer from time to time in connection with any of the foregoing (collectively, the “Site”), you agree to the practices and policies set forth in this Privacy Policy, and you hereby acknowledge and consent to Marketplacer collecting, using, holding and disclosing your personal information as described in this Privacy Policy.

Capitalised terms that are not defined in this Privacy Policy have the meaning given to them in our Terms and Conditions accessible at www.marketplacer.com/home/terms-conditions/

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy sets out how we manage your personal information that we collect or you provide to us when you access or use the Site. Any external links on the Site to other websites are clearly identifiable as such, and we are not responsible for the practices, content or the privacy policies of these other websites.

Persons under 18 years of age

We do not knowingly collect or solicit personal information from or knowingly allow individuals under the age of 18 to register for the Site or Service (as that term is defined in our Terms and Conditions). If you are under 18, and wish to use the Site or Service, you must provide us with documentary evidence that you have your parent’s or guardian’s consent to access and use the Site and/or Service.  If we learn that we have collected personal information from a person under the age of 18 without verification of parental consent, we will delete that information as quickly as possible. If you are a parent or guardian and you believe that we have collected the personal information of a person under 18 years of age, please contact us using the contact information in section 8 below.

1. WHAT INFORMATION DO WE COLLECT?

Members

We collect the personal information that you have provided to us when you register to set up an account and become a member of the Site and/or the Service (“Member”), including any updated information you provide, such as your name, username, phone number, credit card, other billing information, email address, shipping address, your third-party account credentials (for example, your Facebook log-in ) and information regarding your personal preferences and interests.

Non-Members

We may also receive or collect personal information from individuals who are not Members (Non-Members), for example, so that:

  • Non-Members can subscribe to our newsletter;
  • a Marketplace Operator may invite a Non-Member to visit the Site; or
  • a Non-Member may engage in a transaction using the Service.

Non-Members’ personal information is used only for the purpose for which it was originally submitted to or collected by us. A Non-Member can contact us using the contact information in section 8 below and request that we delete their personal information.

1.1 INFORMATION COLLECTED AUTOMATICALLY

Whenever you interact with our Site, we automatically receive and record information on our server logs from your browser including your Internet Protocol (IP) address, “cookie” information, and the page you requested.

Tracking technologies, cookies and web beacons.

We use cookies and web beacons to improve the functionality of our Site.

“Cookies” are small text files that we transfer to your browser or device that allow us to recognise your browser or device and tell us how and when pages in our Site are visited and by how many users. You can change the preferences on your browser or device to stop your browser or device accepting cookies,but doing so may prevent you from taking advantage of our Site’s best features. Our advertising partners may transmit cookies to your browser or device when you click on ads that appear on our Site. This Privacy Policy does not cover cookies delivered to you by any of our advertisers or other third parties.

For more information about how we use cookies and other tracking technologies please see our Cookie Policy.

1.2 E-MAIL AND OTHER COMMUNICATIONS

With your consent, we may contact you, by email or other means. For example, if you have opted in to receiving email communications from us or third parties, we may send you promotional offers from us or on behalf of other businesses. We may also communicate with you by email about your use of the Site and/or Service.

Also, we may receive a confirmation when you open an email from us.

2. HOW DO WE USE YOUR PERSONAL INFORMATION

We use, hold and disclose your personal information to:

  • personalise and improve the Site and Service;
  • allow our users to set up a user account and profile;
  • contact users;
  • allow you to transact on the Site;
  • fulfil your requests;
  • analyse how users utilise the Site; and
  • as otherwise set forth in this Privacy Policy.

We may disclose your personal information to third parties (as described in this Section and in Section 4 below)

3. HOW DO WE SHARE YOUR PERSONAL INFORMATION?

We neither rent nor sell your personal information to anyone. We may de-identify your personal information in order to use and disclose the anonymous data. We share your personal information in personally identifiable form with third parties in the following ways:

  • in connection with and to facilitate the ways we use, hold and disclose your personal information described in section 3 above; and
  • as described below in this section 4:

3.1 AFFILIATED BUSINESSES AND THIRD PARTY WEBSITES WE DO NOT CONTROL

In certain situations, businesses we’re affiliated with (“Affiliated Businesses”) may sell products or provide services to you through the Site (either alone or jointly with us). You can recognise when an Affiliated Business is associated with such a transaction or service, and we will share your personal information with that Affiliated Businesses only to the extent that it is necessary and directly related to the Site or the Service, for example to automatically transmit information from your Marketplacer account to an account on a third party website or service, such as Facebook. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, and any transaction or service relating to a third party or  will be governed by the terms of use and privacy policy of that third party.

3.2 AGENTS

We employ other companies and people (“Agents”) in order for us to provide our Service to you and we disclose your personal information with these Agents in order for us and our Affiliated Businesses to provide you with access to the Site and provide you the Service. Unless we inform you otherwise, our Agents do not have any right to use your personal information that we disclose to them beyond what is necessary and directly related to us and Affiliated Businesses providing you access to the Site and providing the Service to you.

3.3 BUSINESS TRANSFERS

We may choose to buy or sell business assets. In these types of transactions, information about a Marketplace Operator (which may include our personal information) is one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the business assets transferred to or acquired by a purchaser as result of the sale of these business assets.

3.4 PROTECTION OF MARKETPLACER AND OTHERS

We may disclose personal information when we believe in good faith that disclosure is necessary for any of the following reasons:

  • to notify the OAIC about a data breach or report a matter for investigation;
  • to comply with laws;
  • to enforce our terms and conditions and/or other commercial agreements or relationships; or
  • to protect the rights, property, or safety of us, our employees, our users, or others.

We may exchange your personal information with other companies and organisations (including governmental authorities) for fraud protection and credit risk reduction.

3.5 WITH YOUR CONSENT

Except as set forth in this Privacy Policy, we will always seek your consent to disclosure your personal information to third parties.

3.6 OVERSEAS DISCLOSURE

In order to provide you with access to the Site and to provide you with the Service, Marketplacer may disclose your personal information to companies associated with us who are located overseas including in USA, United Kingdom, Ireland, Germany. We take reasonable steps to ensure that the recipient complies with the APPs in relation to that information.

4. IS PERSONAL INFORMATION ABOUT ME SECURE?

Your account is protected by a password for your privacy and security. You need to prevent unauthorised access to your account and personal information by selecting an appropriately complex password, and protecting your password (or other sign-on protections) and setting appropriate access controls on your computer or device, for example, by using a passcode.

We take reasonable care to protect personal information that we collect and hold from misuse, loss, unauthorised access, unauthorised modification or unauthorised disclosure. We protect personal information by implementing reasonable and up to date security measures as well as policies, practices and procedures to govern the protection of personal information.

4.1 WHAT ARE MY RIGHTS?

You can always elect not to disclose personal information to us. However, please keep in mind that we may need some personal information to allow you to register with us to have an account and be a Member or to take advantage of some or all of our features, and if you choose not to provide that information, your ability to use our Site and Service may be limited.

Right to access your personal information

You have the right to access your personal information that we hold. Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:

  • name and password;
  • email address;
  • billing information; and
  • information in relation to your user profile information and content, including images you have uploaded to the Site.

The information you can view and update may change as the Site changes. When you update or delete personal information or delete your account there may be some latency in our systems and it may take some time for the changes to be reflected across all of our systems and in all of the copies of your personal information that we hold.

We may use any aggregated data derived from or incorporating your personal information even if you update or delete it, but we will not use that information in a manner that would identify you personally.

Request updates and corrections to your personal information

If you believe that your personal information that we hold is inaccurate, incomplete or wrong, you can contact us to request that we change, amend, update, correct or delete  your personal information. If you have any questions about viewing or updating information we have on file about you, please contact us using the contact information in section 8 below.

Opting out of communications

If you do not want to receive email or other communications from us, please change your account settings accordingly. You can also choose to opt out of receiving email correspondence from us by following the instructions to opt-out in our emails or by contacting us using the contact information in section 8 below.

4.2 WHAT DATA DOES MARKETPLACER RETAIN?

We will retain your personal information only for as long as your account is active or as needed to provide You with the Service. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements in connection with the Service and Site.

4.3 EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (EU GDPR)

If you are located in the European Union (EU), the EU GDPR may apply to our processing of your personal data.

As well as the other matters covered in this Privacy Policy, the following matters in this section 5.3 may apply.

Data protection officer

Our data protection officer can be contacted at  privacy@marketplacer.com

Lawful purpose for processing

Our processing (including collection, storage, use and disclosure) of your personal data is justified on the following lawful basis as:

  • the processing is necessary in order for us to perform our contract with you and/or provide our Service to you, or for us to take steps to enter into a contract with you and at your request;
  • the processing is necessary for us to be able to comply with our legal obligations; or
  • you have provided your consent to the processing of your personal data.

Rights under EU GDPR

If you are located in the EU, and if the EU GDPR applies to our processing of your personal data, you have the right to request the following:

  • access to your personal data that we hold;
  • that we correct or rectify inaccurate personal data that we hold;
  • that we erase all copies of your personal information that we hold;
  • that we restrict the way that we process your personal data; and
  • to receive your personal data provided to us, or request that this data be provided to another controller.

You can contact us at any time you to withdraw your consent to our processing of your personal information.

Please contact is if you believe the EU GDPR applies to you and you would like to exercise your rights under the EU GDPR. We will respond to your request within 30 days.

You have the right to make a  complaint to data protection supervisory authorities about how we have processed your personal data. You can access a list of data protection authorities by EU member state here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

The European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
Telephone: +32 2 283 19 00
Email: edps@edps.europa.eu
Website:  www.edps.europa.eu

Transfers of personal data

Where we are in receipt of personal data of EU residents, the transfer of this personal data is subject to an adequate level of data protection. These transfers are made under contracts that contain EU standard contractual clauses governing the transfer of personal data to processors established in third countries.

5. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use your personal information, we will notify you by posting an announcement on our Site or contacting you directly via email or other means. You are bound by any changes to the Privacy Policy when you use the Site after such changes have been first posted.

6. QUESTIONS OR CONCERNS

If you have any questions or concerns regarding our privacy policy or how we have handled your personal information, or if you would like to make a complaint please contact us using the contact details in section 8 below. We will respond to you within 30 days.

If you believe that we have not adequately dealt with your enquiry or complaint you can contact the regulator in your jurisdiction. If you would like any further information about your rights to privacy, please contact or visit the regulator in your jurisdiction:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Tel: 1300 363 992
Web: www.oaic.gov.au

CONTACT US

Marketplacer Pty Ltd
Level 1, 134 Buckhurst St
South Melbourne VIC 3205
Email: privacy@marketplacer.com

COOKIE POLICY

Last updated 03 September 2018 – Version 2.1

This Cookie Policy sets out how Marketplacer Pty Ltd (an Australian company, ACN 161 625 789 (“we”, “our”, “us” or “Marketplacer”) uses cookies and other similar technologies on our website located at https:// www.marketplacer.com, our mobile applications, and any other services that we offer from time to time in connection with any of the foregoing (collectively, the “Site”). We also use cookies when a Marketplace Operator uses the Marketplacer platform on their website.

To the extent that information collected through our use of cookies and similar technologies constitutes personal information, the provisions of our Privacy Policy apply to that information. You can access our Privacy Policy here www.marketplacer.com/home/privacy-and-cookie-policy.

We are committed to being transparent in relation to how we collect and otherwise handle your personal information. We want our Site to be as informative, user-friendly and personal as possible. Our use of cookies and similar technologies as described in this Cookie Policy helps us achieve this goal.

Whenever you interact with our Site, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested.

When you visit our Site we will seek your consent to our use of cookies.

Cookies and types, we use

Cookies allow our Site to deliver a more personalised user experience including by enabling targeted advertising. Cookies also allow our Site to remember your settings and your preferences to enable a more user-friendly experience.

Cookies are small text files sent to your browser and stored by your browser on your computer or other device by an email that you open or the websites you visit.  These cookies are anonymous, and they collect information that on its own will not identify you.

Cookies save data such as your Internet Protocol (IP) address, the geographic location associated with your IP, the date and time you visited our Site, pages or advertisements you viewed, the URL of the website you viewed prior to visiting our website and the type of browser you use.

There are several different types of cookies that may be used on our websites.

  • Strictly Necessary Cookies are essential to enable navigation around our Site and use its features. Without these, we would be unable to provide you with certain features.
  • Functionality Cookies allow our Site to remember choices you have made and helps to provide an enhanced, more personal experience of our Site.
  • Performance Cookies help us to improve our Site and our online services. These cookies gather information about how our Website is used, including which pages you visit most often. These cookies are anonymous, which means that they won’t collect information which identifies you.
  • Targeting and Advertising Cookies are used to help us better understand our advertising campaigns and how we can make these more relevant to you. These cookies will not collect information which personally identifies you.

We may also use web tracking and analytics tools on our Site to generate detailed statistics about traffic to our Site and the pages that users access.

What we use cookies for

We use cookies and similar technologies to:

  • enhance your experience on our Site by remembering your preferences;
  • support the functioning of our Site (including secure services for online transactions);
  • track how users use our Site and interact with our advertisements;
  • understand how our Site is functioning and inform us of improvements to our Site; and
  • gather data that helps us deliver advertising content relevant to your interests.

When we collect usage information (such as the number and frequency of visitors to our Site and to which pages within the Site), we only use such data in aggregate form and in a manner that assures your anonymity. We may provide this aggregate usage information to our partners who may use this information to understand how often and in what ways users access and use our Site, so that our partners can endeavour to provide users with a better online experience. For example, we may place a cookie on your device or browser that records what products have been accessed on our Site by your browser or device, and then we may provide that information, in de-identified form, to a third party website, to allow that website to serve ads to your browser or device for similar products that are available from us or from third parties.

Third parties such as our advertising partners may also transmit cookies to your computer or device when you click on ads that appear on our Site (“Third Party Cookies”). This Cookie Policy does not cover Third Party Cookies.

Web beacon

We may also deliver a file to your browser or device (known as a “web beacon”) through the Site from an advertising network we have contracted with. Web beacons allow advertising networks to provide anonymised, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to your browser or device when your browser or device visits other websites. These web beacons may, for example, log that you have viewed a certain product on our Site using your browser or device, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can set, view or edit their own cookies, just as if your browser or device had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or web beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.

We do not honour “do-not-track” signals from internet browsers or other
consumer choice mechanisms regarding the collection of behavioural tracking data.

Managing cookies

You can manage cookies on your computer or device through your browser
settings. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies but doing so may prevent you from taking advantage of our Site’s best features or accessing part or all of the Site.

You can delete cookies stored on your computer or change your privacy settings at any time via your browser settings. Please refer to your browser’s “help” or “support” site for more information on how to delete saved cookies and allow or block cookies.

We have no control over Third Party Cookies. If you are concerned about Third Party Cookies generated by advertisers, your browser may allow you to block Third Party Cookies. Please review your browser settings to block Third Party Cookies. If you block Third Party Cookies you may no longer receive targeted advertising.

Changes to our Cookie Policy

We may update our Cookie Policy from time to time. If we make changes to our Cookie Policy, we will notify you by posting an announcement on our Site or contacting you directly via email or other means.

Contact us

If you have any questions or concerns regarding our Cookie Policy, please
contact us by email to privacy@marketplacer.com.

We will make every effort to resolve your concerns.