Privacy Policy

ArtsPay Pty Ltd respects your privacy

  1. ArtsPay Pty Ltd (ACN: 646 739 531) ArtsPay Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
  2. This Privacy Policy contains information about what kinds of Personal Information we may collect or hold, how we collect, hold, use and disclose that Personal Information, choices you have regarding our use of that Personal Information, and your ability to access or correct that Personal Information. If you wish to make any inquiries regarding this Privacy Policy, you should contact our Privacy Officer in any of the ways specified in paragraph 15.
  3. ArtsPay's products and services are delivered in partnership with:
  • Fiserv Australia PTY LTD (ABN: 15 081 056 911) of Level 11, 15 Blue Street, North Sydney NSW 2060, Australia.
  • Fat Zebra PTY LTD (ABN: 89 154 014 785) of Level 2, 58-62 Kippax Street, Surry Hills NSW 2010, Australia.
  • MVSI Onboard PTY LTD (ABN: 64 631 520 155) of Level 11, 15 Blue Street, North Sydney NSW 2060, Australia.

All information collected by our partners in the provision of products or services will be governed by their respective policies related to privacy and information security. To the extent that those policies are inconsistent with this Privacy Policy, those privacy policies will prevail over this Privacy Policy in relation to the actions of those partner entities. A reference in this Privacy Policy to ArtsPay Pty Ltd, we, us or our is also a reference to those partner entities.

Personal Information

"Personal Information" is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

Types of Personal Information we collect and hold

The types of Personal Information we may collect about an individual will depend upon the nature of our interaction with them. Personal Information that we collect may include (but is not limited to) the following:

  1. our customers and potential customers (merchants): details to verify your identify, assess your application for our products and services, provide our products and services, and monitor, identify and prevent fraud, including: your full name; date of birth; contact details; current and previous addresses; document identification numbers (such as passports, driver’s licence, Medicare numbers, or other national cards); other identity verification information including from third parties, the Australian Government’s Document Verification Service (DVS), other countries’ identity verification sources, identity information from credit files, and other data reference points; financial account details including bank account and credit card / debit card numbers; bank statements and statement for your utility accounts; invoices or proof of purchases relating to card transaction, whether that is acquired or spent; geographical location; business or company details including ABN and ACN; transaction data including acquired card, QR code, Buy Now Pay Later, and spent card transaction data; and the further information set out in paragraph 3.1(f)
  2. our merchants’ customers: contact details (phone number and email) to electronically send a receipt of your transaction to you; transaction data when making payments to merchants using ArtsPay Pty Ltd technologies, including acquired card, QR code, Buy Now Pay Later, and spent card transaction data; and the further information set out in paragraph 3.1(f)
  3. our investors and shareholders: identification information and information about your shareholding, to identify our investors and shareholders and to administer their investment in ArtsPay Pty Ltd
  4. our suppliers, potential suppliers, and their representatives: generally information to assess your business (such as its key personnel); and business contact information (names, roles, contact details) to communicate with you, arrange and administer your provision of goods and services to us
  5. our employees past and present, including job applications: occupation and employment details including employment status and any previous work experience; information in connection with your employment with us (which may include health information); and information from or in connection with your resume or job application if you apply for a position with us (including information from referees and to verify your qualifications, work and academic history), and
  6. any person who comes into contact with ArtsPay Pty Ltd or our technologies: information about your contact with us, including: device telemetry data including location, battery status, data connectivity status and thermal data, in respect of ArtsPay Pty Ltd devices; all other data and metadata produced by collected data or interactions with ArtsPay Pty Ltd, including all user interactions with our devices, Websites, and other technologies; photographs and/or images from camera footage such as CCTV cameras in our premises; and information from social media accounts and profiles, and other publicly available sources.

We are also required by various laws to collect certain information including Personal Information. Those laws include the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), the AML/CTF Rules under the AML/CTF Act, and other regulatory schemes.

How we collect your Personal Information

We collect your Personal Information to allow us to conduct our business functions, to provide, market and sell our products and services and for the specified purposes set out in paragraph 6. In some circumstances the collection of Personal Information may be required by law.

We may collect your Personal Information:

  • when you apply for our products: when a potential merchant submits an application for our products, including providing personal information so we can perform an identity verification check on you; or when you request general information about our products
  • when you use our products: when a merchant uses our products, we collect information about that use, including via remote readings of device telemetry (typically hardware sensor information) from our products/devices
  • when you interact with our services (other than our products): when our merchants' customers interact with ArtsPay Pty Ltd devices and technologies we collect information about that use, including via remote readings of device telemetry(typically hardware sensor information) from our products/devices; and when you visit our Website (see paragraph 5)
  • when we receive goods and services from you: when you provide that information to manage our relationship with your business; and when we communicate with you
  • when you attend our premises: when you visit or attend our premises we may collect visitor information and information from our security cameras and system
  • when you manage your relationship with us or otherwise communicate or interact with us: for example, when you provide feedback or information to us; when you submit a job application; or when you otherwise contact us by any means, and
  • in other situations: when otherwise required or authorised by law.

Generally, when providing our products and services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers or contractors, we collect Personal Information directly from the relevant individual where reasonable and practicable.

We may also collect Personal Information about you from third parties and other sources such as:

  • identity verification service providers, who in turn may access third party databases, document issuers, official record holders, DVS and other sources in order to perform identity verification services
  • your nominated representatives (eg spouse, accountant, power of attorney, brokers and other professional advisors)
  • publicly available sources of information
  • related entities, companies and businesses of ArtsPay Pty Ltd, or
  • credit reporting bodies, but we will only collect your Personal Information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.

If the Personal Information we collect includes sensitive information, including health information, we will ask for your consent to collect sensitive information, unless the law allows us to collect it without your consent.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you

If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information we require, we may not be able to provide you with some requested information, products or services, or to effectively conduct our relationship with you.

Information collected via our Website and other technology.

Personal Information may be collected by us and by our third party service providers who assist us in operating our website www.artspay.com, including its/their subdomains and any other website we operate from time to time (collectively the Website)

We may use various technological methods from time to time to track the visiting patterns of individuals accessing our Website or using our technology including but not limited to the methods set out in this paragraph 5.

Cookies

Our Website may use 'cookies' from time to time. Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns. Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used. We use this information to enhance the content and services offered on our Website.

Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using, and other purposes from time to time. If you access our Website or click-through to our Website from a link in an email we send you, a cookie may be downloaded onto your computer's hard drive.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

If you disable the use of cookies on your web browser or remove or reject specific cookies from our Website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.

Web beacons are images that originate from a third party site to track visitor activities. We use web beacons to track the visiting patterns of individuals accessing our Website.

Web beacons are images that originate from a third party site to track visitor activities. We use web beacons to track the visiting patterns of individuals accessing our Website.

Interaction data

We collect and use all data and metadata produced by collected data or interactions with ArtsPay Pty Ltd, our devices, our Website, or our technology for purposes such as data analysis, improving service quality and improving product features. We may use this information generally for our business functions and activities, including providing support to our merchants, improving service quality, improving product features, and for use in connection with potential future products.

Third party content (eg social media links)

Some of the content on our Website may include applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties. Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

How we use your Personal Information

We use the Personal Information we collect about you for our business functions and activities, in order to operate our business efficiently, and to market our products and services for the benefit of our customers.

We may collect, hold and use your Personal Information:

  • to communicate with you: including when you contact us or when we need to contact you
  • to conduct identity verification and to comply with any contractual and legal obligations: including undertaking identity verification checks through third parties; allowing our vendors and service providers to carry out audits of ArtsPay Pty Ltd in connection with our provision of products and services, including to merchants; allowing third party payment aggregators to contact merchants directly to offer their services directly to those merchants; and otherwise complying with our statutory and legal obligations
  • to assist you or to provide, manage and support your ArtsPay Pty Ltd products and services: including account creation, administration and management; providing payment systems to our merchants; providing customer information and support; setting up direct debit authorities; providing our products and services; undertaking device management, device and product diagnostic purposes, and remote administration; undertaking debt recovery (including selling bad debts owed to us to third parties);
  • to improve our services and for new product development: including to enhance our products or services; to enhance goods and services from our suppliers and subcontractors; to conduct research (for example to understand your needs and the needs of our customers generally); and to create new products or services
  • to protect you and our services against fraud, theft and other unauthorised uses: including undertaking fraud monitoring and identification, and fraud analysis, risk assessment and fraud risk management
  • to promote and market our products and services: including direct marketing; providing you information we believe you may be interested in receiving regarding ArtsPay Pty Ltd, our clients, and our business partners, and
  • for other business activities such as research, recruitment and other investigations: including providing for safety and security of workers and onsite visitors; personalising your experiences on our Website; for data analytics which we may use generally for our business functions and activities, including providing support to our merchants, improving service quality, improving product features, and for use in connection with potential future products; managing our business operations (including business support such as maintenance, backup and audit; assessing and processing job applications; responding to queries or complaints; for shareholder/investor management and administration, and to submit applications to, or respond to enquiries from, corporate regulators; and investigating, reviewing, responding to and informing affected individuals of data breaches involving their personal information.

We may aggregate information including Personal Information for reporting, statistical and analysis purposes, and for business, product and service improvement purposes. This allows us to better inform ourselves and anticipate our customers' preferences and requirements, and to monitor and improve the effectiveness of our business, products and services. We may also de-identify information for inclusion in such aggregated databases or reports.

We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law. However this will be at our discretion, and nothing in this Privacy Policy requires us to monitor the use of the Website or to retain the content of any specific user session.

You consent to us using your Personal Information in the above ways and as set out in this Privacy Policy.

We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

  • in accordance with this Privacy Policy or any agreement you enter into with us, or
  • required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).

When we disclose your Personal Information

ArtsPay Pty Ltd may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 6. Depending on the circumstances and the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us or through us, or to other third parties (such as your referee(s) in connection with a job application you have submitted).

We may also disclose your Personal Information to:

  • other parts of our organisation: including our internal teams and business units, and our related companies
  • our nominated representatives
  • third parties involved in providing our services to you: such as payment scheme operators (such as Visa, MasterCard, EFTPOS, American Express, ChinaPayments (AliPay and WeChat Pay), Zip Money); acquiring banks or acquiring payment processing service providers; prepaid issuing programme partners; direct entry processing service providers; and third party identification service providers who may disclose your Personal Information to document issuers or official record holders, and check with other third party databases, in order to verify your identity. In connection with their provision of these services, these third parties may also require access to Personal Information, merchant and transactional data to carry out audits of ArtsPay Pty Ltd in connection with our provision of products and services, including to merchants
  • our other supply chain partners and vendors: who supply us goods and services or assist us in providing products and services to you; or who help us administer our business (such as data storage or processing (including in cloud based data storage facilities or through cloud computing service providers), payment gateways, POS integrations, POS payments, fraud detection and management, security, reporting, analytics, IT support, printing, mailing, marketing, planning and product or service development), banks, lenders, valuers, insurers, brokers and other IT service providers; medical providers including medical and rehabilitation practitioners for assessing and managing workplace insurance claims (in respect of our employees); employment agencies (in respect of candidates or employees they have supplied or may supply to us); and purchasers of bad debt owed by a merchant to ArtsPay Pty Ltd, to allow those purchasers to recover those debts
  • our professional advisers: who provide advice or perform functions on our behalf, such as lawyers, auditors and business consultants, and
  • law enforcement, regulatory and government bodies: such as regulatory authorities, law enforcement agencies, and other authorities or organisations as required or authorised by law (such as AUSTRAC, the ATO, ASIC, DHHS and the Police).

Interstate and Overseas disclosures

ArtsPay Pty Ltd a national organisation and may collect, use and disclose Personal Information generally within Australia (including between states and territories).

Some of your Personal Information may also be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers. This may happen if:

  • our offices or related entities are overseas
  • we outsource certain activities overseas
  • transactions, information, services or products have an overseas connection, or
  • our computer systems (including third party IT service providers we may use from time to time) including IT servers are located overseas.

You consent to the collection, use, storage, and processing of your Personal Information outside of Australia as set out in this Privacy Policy.

In particular, your Personal Information may be disclosed to third parties in Singapore, US, Ireland, and Europe, and such other countries or regions, in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in those countries, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach). Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you might not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

Other uses and disclosures

We may collect, use and disclose your Personal Information for other purposes not listed in this Privacy Policy. If we do so, we will take reasonable steps to make it known to you at the time we collect or use your Personal Information.

Marketing

You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, email, SMS and MMS messages.

If you do not want to receive marketing information from us you can unsubscribe in any of the following ways:

  • clicking on the 'Unsubscribe' or subscription preferences link in a direct marketing email that you have received from us, or
  • contacting us using the contact details specified in paragraph 15.

Storage and security of Personal Information held by us

ArtsPay Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We may retain and dispose of your Personal Information in accordance with our document and information retention policies and procedures. Transaction-related data may be retained for a minimum period of 7 years from its creation. If we find that we no longer require or have no further need for your Personal Information we may de-identify it or remove it from our systems and destroy all record of it.

Accessing your Personal Information

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@artspay.com.

Complaints about privacy

If you feel that we have not respected your privacy or that we have conducted ourselves inconsistently with this Privacy Policy, please contact our Privacy Officer in any of the ways specified in paragraph 15 and advise us as soon as possible. We will investigate your queries and privacy complaints within a reasonable period of time depending on the complexity of the complaint.

  • It would assist us to respond to your complaint promptly if it is made in writing. Please detail information relevant to your complaint.
  • We will notify you of the outcome of our investigation.

Updates to this Privacy Policy

We may, from time to time, review and update this Privacy Policy, including to take into account new laws, regulations, practices and technology. All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our Website at: www.artspay.com/privacy. Any changes to this Privacy Policy may be advised to you by updating this page on our Website. We will aim to provide reasonable advance notice of such changes though this may not always be possible depending on the circumstances. We encourage you to check this page from time to time for any changes.

Complaints about privacy

If you:

  1. have a query or concern about this Privacy Policy or our Personal Information handling processes
  2. wish to make a complaint in relation to a breach of your privacy
  3. would like to access your Personal Information held by us
  4. would like to update or correct your Personal Information held by us, or
  5. would like to opt out of direct marketing,

Please contact our Privacy Officer in any of the following ways:

Phone: 1300354155, or

Email: support@artspay.com