a. Aipos and its ecosystem provides you (Merchant) or an End User with use of and access to the Platform as part of a Subscription Plan to the Platform, a free Account, a free trial of the Platform or free access to the Website as set out in Aipos’s Terms and Conditions (T&Cs) which can be viewed at www.aipos.com.au/terms. The platform has certain components which are free and certain are paid.
b. In order to optimise your use of the Platform, Aipos is required to collect and process your Personal Information (including the end user). Aipos will hold and store your Personal Information until you no longer use or access the Platform.
a. The following terms have the following meanings:
o Data Controller means Aipos or Aipos Group or aipos platform or aipos ecosystem.
o Data Processor means in some instances Aipos, the Aipos Group or any contracted Third Party that Aipos or the Aipos Group may occasionally engage to process your Personal Information.
o Personal Information means information, or an information set that identifies or could be used by or on behalf of Aipos to identify an individual and includes Data as defined in the T&Cs. Personal Information also includes the information of the end user.
c. Platform means and includes the Point-of-Sale (PoS) system, branded mobile application and burp application.
a. Aipos will collect and process your Personal Information where necessary for the performance of the Platform or with your consent.
b. By using the Platform, you:
d. Where AIPOS relies on your consent to process Personal Information, you may withdraw or vary your consent by emailing firstname.lastname@example.org. AIPOS may terminate your use of and access to the Platform if you withdraw your consent.
e. In place for the Branded and Burp application, the end user or the users on the application also provide the consent for aipos to collect information on behalf of the merchant.
4. How Does Aipos Collect Your Personal Information?
a. When you register for the Platform, you must provide Aipos Personal Information such as your name, address, phone number, email address and credit card information as well as certain related information like your company name and website name.
b. Aipos also collects Personal Information such as email addresses, names or aliases and the password of any End Users you authorise to log into and utilise the Platform in connection with your Account when they first access the Platform.
c. Aipos also collects information from the PoS system, branded mobile application and burp application. The information collected is from the merchant and the end user’s input/registration and the follow up or transactional information.
a. For the PoS system (Merchants), If your sign-up for a 30-day free trial account or a free account, you are not required to enter your credit card information until you decide to obtain a paid Subscription Plan to the Platform.
b. For the branded mobile application and the burp application, the information related to payment gateway from the end user is also collected.
c. Aipos uses a Third-Party intermediary to manage credit card processing. This intermediary is not permitted to store, retain or use your billing information for any purpose except for processing credit card payments on Aipos’s behalf.
a. Aipos gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet Platform provider, referring/exit pages, operating system, date/time stamp, and clickstream data.
b. Aipos may occasionally connect Personal Information to information gathered in its log files, as necessary to improve the Platform for you. Otherwise, Aipos generally uses this information to analyse trends, administer and maintain the Platform or track usage of various features within the Platform.
a. Aipos collects usage data which is encoded or anonymised information or aggregated data Aipos collects about a group or category of Platforms, features or Users which does not contain personally identifying information (“Usage Data”).
b. Usage Data helps Aipos understand the usage trends of the Platform so that it can better consider new features or otherwise tailor the Platform.
c. In addition to collecting and using Usage Data, Aipos may share Usage Data with Third Parties, including its customers, partners and Third-Party service providers for various purposes including to help us better\ understand your needs and improve the Platform as well as for advertising and marketing purposes.
d. Aipos does not share Usage Data with Third Parties in a way that would enable them to identify you personally.
e. In regards to the branded mobile application and the burp application, the usage data includes the data such as but not limited to, response to recommendation, order places, hourly sales and more.
a. The Platform offers publicly accessible blogs or community forums. You should be aware that any information provided in these areas may be read, collected and used by other Users or Third Parties who access them.
b. The Platform contains links to websites and applications operated by affiliates and Third Parties. These other sites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you.
c. Aipos is not responsible for the privacy practices or content of Third-Party or affiliate websites and applications.
5. How does Aipos Use Your Personal Information?
a. Aipos may use the Personal Information provided for the following purposes:
i. to operate the Platform and personalise the Platform according to your needs;
ii. for billing;
iii. for identification and authentication;
iv. to contact and communicate with you and the End User about the Platform and your and their use of the Platform;
v. to send marketing materials (subject to you opting out);
vi. for research; and
vii. to generally improve the content and functionality of the Platform.
viii. to share your Personal Information to third party partners or service providers in accordance with your directions
b. Aipos may also share Personal Information with Data Processors (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage and other services it uses to operate the Platform and maintain a high-quality user experience.
c. Aipos does not permit its Data Processors to use your Personal Information for marketing purposes unless you have provided your express consent to do so.
d. Aipos may periodically post customer and partner testimonials on the Aipos Website which may contain Personal Information. Aipos will request your consent prior to posting any testimonials with your Personal Information.
e. In addition to the purposes described above, Aipos also discloses Personal Information to respond to subpoenas or court orders, engage in legal process, to establish or exercise its legal rights or defend against legal claims.
f. Aipos may also share your Personal Information if it believes it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the T&Cs or as otherwise required by law.
g. Aipos may share information including Personal Information with any member of the Aipos Group, which includes any entity that Aipos controls, is controlled by Aipos, or under common control with Aipos.
h. Aipos may engage third-party partners or service providers to work with us to administer, provide and improve our services and the Platform, and these third-party partners or service providers may have access to your Personal Information only to perform these services for us. In addition, Aipos may share your Personal Information with these third-party partners and service providers for other reasons should you direct us to do so.
a. A cookie is a small software file stored temporarily or placed on your computer’s hard drive. The main purpose of a cookie is to allow a web server to identify a User’s computer and web browser and tailor web pages and/or login information to their preferences.
b. Cookies help Aipos promptly display information which Aipos considers to be of interest to you and which is needed for you or your End Users to use the capabilities of the Platform. By gathering and remembering information about website preferences through cookies, Aipos can provide you and End Users with a better Platform experience. Cookies do not give Aipos access to your computers and the information Aipos collects through cookies does not include Personal Information.
c. When your End Users use the Platform, Aipos utilises session cookies which allows Aipos to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off.
d. Aipos also utilises persistent cookies to identify End Users and make it easier for them to log into and use the Platform. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.
e. Aipos utilises various categories of cookies, which are summarised below along with the options available to you to manage them:
i. Essential - Essential cookies are those that are critical to the functionality of the Platform. Aipos uses these cookies to keep an agent or End User logged into the Platform and remember relevant information when the agent or End User returns to the Platform.
ii. Functional - Aipos uses functional cookies to track you and your activities on the Platform, understand your preferences and improve your user experience. These cookies can also be used to remember configurations of the Platform that you can customise.
iii. Marketing - Aipos engages Third-Party providers to serve a variety of marketing cookies that enable Aipos to track and analyse usage, navigational and other statistical information from visitors to the Aipos Website. Marketing cookies are also used to track the performance of Aipos’s advertisements and are employed by Third-Party advertising networks that Aipos utilises. These advertising networks follow your online activities on the Aipos Website and use this information to inform, optimise and serve tailored advertisements on the Aipos Websites or on other websites you visit that Aipos believes would most effectively promote the Platform to you. Aipos also uses Third Parties to collect information that assists us in other methods of marketing our Platform to visitors to the Aipos Websites including customised email communications.
f. If you want to learn more about cookies or how to control or delete them, please visit https://www.aboutcookies.org for detailed guidance. In addition, certain Third-Party advertising networks, including Google, permit users to opt out of or customise preferences associated with your internet browsing. To learn more about this feature from Google. Please note that if you do elect to disable your web browser’s ability to accept cookies, you may not be able to access or take advantage of many features of the Platform.
g. Many jurisdictions require or recommend that website operators inform users as to the nature of cookies they utilise and, in certain circumstances, obtain the consent of their users to the placement of certain cookies. If you are a customer of Aipos, it is your responsibility to inform the individuals with whom you interact using the Platform, including your End Users as to the types of cookies utilised in the Platform and, as necessary, to obtain their consent. If you require more specific information as to the nature of the cookies utilised in the Platform for purposes of fulfilling these obligations, please contact us by email email@example.com.
7. Web Beacons
a. Aipos employs web beacons to help better manage content in the Platform. Web beacons are tiny graphics with a unique identifier similar in function to cookies and are used to track the online movements of internet Users.
b. Unlike cookies, which are stored on a User’s computer hard drive, web beacons are embedded invisibly on websites. Aipos ties the information gathered by web beacons to Personal Information that it collects and uses them to send out HTML-based emails to learn which emails have been opened by recipients. This allows Aipos to gauge the effectiveness of its marketing campaigns as well as to operate and improve the Platform.
c. You can opt-out of these emails by following the unsubscribe instructions within marketing emails.
8. Do Not Track Signals
a. Aipos does not currently respond to web browsers “Do Not Track” signals that provide a method to opt out of the collection information about your activities on the Aipos Website and across other websites.
9. Security of Your Personal Information
a. Aipos is committed to ensuring the security of your Personal Information. Aipos utilises robust precautions to protect the confidentiality and security of your Personal Information within the Platform by employing technological, physical and administrative security safeguards such as firewalls and carefully-developed security procedures. For example, when you enter confidential information (such as login credentials or information submitted from within the Platform) Aipos encrypts the transmission of that information using secure socket layer technology (SSL). These technologies, procedures and other measures are used in an effort to ensure that your Personal Information is safe, secure and only available to you and to those you have authorised to access your Personal Information.
b. However, no internet, e-mail or other electronic transmission is ever fully secure or error free. Aipos does not warrant that these security measures will prevent any unauthorised access to or unauthorised alteration, disclosure or destruction of your Personal Information including by way of hacking, password “mining” or any other illegitimate interference with the Platform by unauthorised persons.
c. Aipos excludes all liability in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that you or your End Users incurs as a result of any unauthorised access, alteration, disclosure or destruction of Data or Personal Information that is outside its reasonable control.
d. Aipos will notify you within three (3) business days and without undue delay of any:
i. actual breach of security which when reasonably poses a risk to the security, confidentiality or integrity of your Personal Information; or
ii. actual unauthorised access to your Personal Information;
which is likely to result in a high risk to your rights and freedoms.
10. Transfer of Your Personal Information
a. Aipos is based in Australia but may host and process Personal Information in Australia and in other countries through the Aipos Group and Third Parties that Aipos uses to operate and manage the Platform.
b. When you access or use the Platform or otherwise provide information to Aipos, you are consenting on behalf of you and your authorised End Users (and representing that you have the authority to provide such consent) to the processing and transferring of your Personal Information in and to the United States and other countries which may have different privacy laws from your or your End User’s country of residence.
c. Where Aipos is required to share your information to Data Processors outside of Australia, Aipos will use its best endeavours to ensure the Data Processors have appropriate or suitable safeguards as set out in their privacy policies.
11. Your Access and Control of Your Personal Information
a. Aipos processes and stores information on your behalf. If you are an individual interacting with a Aipos customer on the Platform and would no longer like to be contacted by that Aipos customer, please contact that Aipos customer directly.
b. If you are a Aipos customer and would like to opt-out of getting marketing communications from Aipos please contact us at firstname.lastname@example.org or follow the unsubscribe instructions included in marketing emails.
c. Requests to opt-out of transfers to our Third-Party vendors may also be submitted but limitations on data sharing may make it difficult or impossible to provide the Platform in this manner.
a. When you use the Platform, Aipos makes good faith efforts to provide you with access to and control of your Personal Information. You may update or change your Personal Information by logging into the Platform and amending such information where applicable.
b. At your request, Aipos may:
i. Correct your Personal Information if it is inaccurate;
ii. Provide you with a copy of your Personal Information;
iii. Cease the processing of your Personal Information;
iv. Restrict the processing of your Personal Information; or
v. Delete your Personal Information.
c. Aipos will retain Personal Information on your behalf for as long as needed to provide you with the use of and access to the Platform. Aipos may further retain and use this Personal Information as necessary to comply with its legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes and enforce our agreements. Aipos has established internal policies for the deletion of Personal Information from your accounts following the termination of your subscription to the Platform.
d. If you would like to gain access to or request deletion of Personal Information Aipos has collected as Data Controllers please contact Aipos at email@example.com.
e. Aipos has no direct relationship with the individuals with whom Aipos customers may interact using the Platform. Any such individual seeking access to or who would like to correct, amend or delete their Personal Information which may be stored in the Platform should direct their query to the applicable Aipos customer acting as the Data Controller for such information.
f. If Aipos is able to or unable to comply with your request, Aipos will let you know within ten (10) business days of making that decision. If Aipos is able to comply with your request, it will do so within 30 days from the date of your request or any longer period that has been agreed by you and Aipos.
g. Aipos may decline to process requests that are unreasonably repetitive, systematic, frivolous or vexatious, require disproportionate costs and/or technical effort, jeopardise the privacy or safety of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), for which access is not otherwise required or for a refusal which Aipos is otherwise obligated or entitled by law.
12. Children’s Personal Information
a. Aipos does not knowingly collect any Personal Information from children under the age of 16. If you are under the age of 16, please do not submit any Personal Information through the Platform.
c. If you have reason to believe that a child under the age of 16 has provided Personal Information to Aipos through the Platform, please email Aipos at firstname.lastname@example.org and Aipos will use commercially reasonable efforts to delete that information from its databases.
14. Contact Us
b. If you still feel your issue hasn't been resolved by us to your satisfaction, then you can raise your concern with the Office of the Australian Information Commissioner:
Online : email@example.com
Phone : 1300 363 992
Email : firstname.lastname@example.org
Fax : (02) 9284 9666
GPO Box 5218, Sydney, NSW 2001 or
GPO Box 2999, Canberra, ACT 2601