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1. Introduction

Upmerk POS Pty Ltd (ABN XX XXX XXX XXX) ("Upmerk", "we", "us", or "our") is committed to protecting the privacy of your personal information. This Privacy Policy explains how we collect, hold, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

This policy applies to all personal information collected by Upmerk through our website (upmerkpos.com), mobile applications, point of sale software, and related services (collectively, the "Services").

2. Information We Collect

2.1 Personal Information

We may collect the following types of personal information:

• Identity Information: Name, business name, ABN/ACN, job title
• Contact Information: Email address, phone number, business address
• Financial Information: Bank account details, credit card information (processed securely through PCI-DSS compliant payment processors)
• Technical Information: IP address, device information, browser type, operating system
• Usage Information: How you interact with our Services, features used, transaction data
• Customer Data: Information about your customers that you input into our system

2.2 Sensitive Information

We generally do not collect sensitive information as defined under the Privacy Act 1988. If we need to collect sensitive information, we will obtain your explicit consent unless an exception applies under the APPs.

2.3 How We Collect Information

We collect personal information:

• Directly from you when you register, complete forms, or contact us
• Through your use of our Services (automatically collected data)
• From third parties such as payment processors, identity verification services, and business partners
• From publicly available sources

3. How We Use Your Information

We use your personal information for purposes including:

• Providing, maintaining, and improving our Services
• Processing transactions and payments
• Communicating with you about your account, updates, and support
• Sending marketing communications (with your consent)
• Analysing usage patterns to improve our Services
• Detecting, preventing, and addressing fraud or security issues
• Complying with legal obligations and regulatory requirements
• Enforcing our terms and conditions

3.1 Direct Marketing

We may use your personal information to send you marketing communications about our products and services. You can opt out of receiving marketing communications at any time by:

• Clicking the "unsubscribe" link in any marketing email
• Contacting us at privacy@upmerkpos.com
• Updating your communication preferences in your account settings

4. Disclosure of Personal Information

We may disclose your personal information to:

• Service Providers: Third parties who help us provide our Services (e.g., cloud hosting, payment processors, analytics providers)
• Business Partners: Integration partners such as delivery platforms and accounting software providers
• Professional Advisers: Lawyers, accountants, and auditors
• Government Authorities: When required by law, court order, or regulatory requirement
• Related Entities: Our subsidiaries and affiliated companies

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes.

5. Data Security

We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. Our security measures include:

• PCI-DSS compliance for payment processing
• 256-bit SSL/TLS encryption for data in transit
• AES-256 encryption for data at rest
• Multi-factor authentication for account access
• Regular security audits and penetration testing
• Access controls and employee training
• Secure data centres located in Australia (primary) with disaster recovery

6. Your Rights Under Australian Privacy Law

Under the Australian Privacy Principles, you have the right to:

• Access: Request access to the personal information we hold about you
• Correction: Request correction of inaccurate, incomplete, or outdated information
• Anonymity: Deal with us anonymously or using a pseudonym where practicable
• Complaint: Lodge a complaint about our handling of your personal information

6.1 Accessing Your Information

To request access to your personal information, please contact us using the details below. We will respond to your request within 30 days. In some circumstances, we may refuse access (e.g., if providing access would unreasonably impact the privacy of others), but we will provide you with reasons for any refusal.

6.2 Correcting Your Information

You can update most of your account information directly through your Upmerk dashboard. For other corrections, please contact us. We will respond within 30 days and, if we correct the information, notify any third parties to whom we have disclosed it.

6.3 Complaints

If you believe we have breached your privacy, please contact our Privacy Officer. We will investigate your complaint and respond within 30 days. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

7. Overseas Disclosure

We may disclose personal information to overseas recipients in the following countries:

• United States: Cloud infrastructure providers, payment processors
• European Union: Integration partners, analytics services
• Singapore: Backup and disaster recovery services

Before disclosing personal information overseas, we take reasonable steps to ensure the overseas recipient complies with the Australian Privacy Principles or is subject to a law or binding scheme substantially similar to the Privacy Act.

8. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience. For detailed information about our use of cookies, please see our Cookie Policy.

9. Data Retention

We retain your personal information for as long as necessary to:

• Provide our Services to you
• Comply with legal obligations (e.g., tax records must be kept for 7 years)
• Resolve disputes and enforce our agreements

When personal information is no longer needed, we will securely destroy or de-identify it in accordance with our data retention policy.

10. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by:

• Posting the updated policy on our website
• Sending you an email notification (for material changes)
• Displaying a notice in our application

We encourage you to review this policy periodically. The "Last updated" date at the top indicates when the policy was last revised.

11. Contact Us