Payzen Privacy Policy

1. Introduction

(a) The website (www.payzenapp.com) (Site), the mobile application (the Payzen App) and the Services made available through the Payen App is created and controlled by Payzen Pty Ltd (ACN 679 931 661) (Payzen, we, our or us).
(b) We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act)
(c) The Payzen App is a quote and purchase order management and payment platform made available through a mobile application. Payzen App assists:

(i) tradies, contractors, plumbers, electricians and builders to manage the process of estimating, quoting, invoicing and collecting payment for building jobs and home repairs; and

(ii) homeowners, tenants or real estate agents can track the progress of building jobs and home repairs and approve payments.

(d) This Privacy Policy outlines how we collect, store, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

(e) For the purposes of this Privacy Policy:

(f) Contractor, Customer, Payzen Trust Account, Purchase Order, Quote, Services and Third Party Payment Processor have the meaning given in the Payzen App Customer Terms and Conditions and Payzen App Contractor Terms and Conditions.

2. The information we collect about you

2.1. Personal information

(a) Personal information has the same meaning that it has under Privacy Laws, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

(b) We collect and use Personal Information and Non-Personal Information from Contractors and Customers who access and use the Payzen App, our Services and our other products and services, visitors to our Site, and any other individual who interacts with us.

(c) We will only collect and hold Personal Information about Contractors and Customers that are reasonably necessary to undertake our business activities and functions, make the Payzen App, our Services and our Site available to you and deliver our Services to you, or as otherwise permitted by law.

2.2. Customers

We collect and hold Personal Information as well as information or data that does not contain Personal Information about Customers that access and use the Payzen App and Services. For example, the type of Personal Information and non-Personal Information that we collect includes:

(a) Customer account details (for example, full name, address email address and mobile number);

(b) information about the Purchase Orders you have entered into, the Quotes you have received from Contractors and the payments you made to Contractors or into the Payzen Trust Account;

(c) details about the home repairs or building works you have enquired about, have paid for, and received from a Contractor (including, location where the Services are to be performed, and photographs of the Services completed or performed by the Contractor at the Customer’s premises);

(d) payment or billing details (for example, credit card and debit card);

(e) information relating to your dealings, or enquiries you have made, with us in relation to the Payzen App, the Services, our Site, our other products and services, complaints you have raised with us about a Contractor and the Services; and

(f) other information that you provide to us or that we may collect in the course of our relationship with you.

2.3. Contractors

We collect and hold Personal Information as well as information or data that does not contain Personal Information about Contractors that access and use the Payzen App and Services. For example, the type of Personal Information and non-Personal Information that we collect includes:

(a) Contractor account details (for example, full name, email address and mobile number) and Contractor business details (such as business name, address, Australian Business Number);

(b) account credentials (for example, any username and password created by the Contractor);

(c) information about the Purchase Orders you have entered into, the Quotes you have provided, the Services you have supplied or agreed to supply to Customers, the payments held in trust for you in the Payzen Trust Account or payments received by you from providing Services to Customers;

(d) payment or billing details (for example, credit card and debit card);

(f) other information that you provide to us or that we may collect in the course of our relationship with you

2.4. Other information

(a) We may also collect some information that is not Personal Information because it does not identify you or anyone else. Information that we may collect includes (but is not limited to):

(i) anonymous answers to surveys or aggregated information about how Customers and Contractors use the Site, Payzen App and Services; or

(ii) information regarding your access and use of the Site, or Payzen App, including location information, your computer’s internet protocol (IP) address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Site or Payzen App, dates and times of visits to the Site or Payzen App and other usage statistics.

(b) If you are a candidate seeking employment with us, we may use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.

2.5. Sensitive Information

(a) We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.

(b) If you have accidentally sent us Sensitive Information or other private information that you do not want stored or shared on the Payzen App, please contact us using the contact details set out in section 11 below.

3. How we collect Personal Information

3.1. Direct collection from you

(a) We will collect Personal Information and Non-Personal Information about you in a number of different ways. We may collect Personal Information and Non Personal Information directly from you or in the course of our dealings with you. For example:

(i) in the case of Contractors, when you:

(A) access and use the Payzen App (including when you open an

account or create or update your account on, or, via, the Payzen

App;

(B) use the Payzen App to provide a Quote or enter into a Purchase

Order on, or via, the Payzen App;

(C) upload, publish or display information about the scope of works for the provision of the Services on, or via, the Payzen App; and

(D) contact, interact or communicate with Customers on, or, via, the

Payzen, including, when you request an extension of time to

complete the Services, request that the Customer authorise the

release of the Controlled Monies and complain about a Customer.

(ii) in the case of Customers, when you:

(A) download, access and use the Payzen App (including when you open an account or create or update your account on, or, via, the

Payzen App);

(B) use the Payzen App accept a Quote or enter into a Purchase Order on, or via, the Payzen App;

(C) contact, interact or communicate with Contractors on, or, via, the Payzen App, including, when you track the progress of the

Services, accept a request from the Contractor for an extension of

time to complete the Services, authorise the release of the

Controlled Monies and complain about a Contractor and/or the

Services.

(iii) When you visit the Payzen App and/or the Site or submit information through the Payzen App and/or Site (including on, or via, our related social media accounts), contact us, or complete any online forms or documents or when you participate in surveys and questionnaires; and

(iv) when you contact or correspond with us via email or telephone or when you submit query or question through the Site and/or Payzen App about the Payzen App, Services and/or our other products and services; and

(v) when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or lodge a complaint; and

(vi) when we are otherwise legally authorised or required to do so.

(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.

(c) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.

3.2. Collection from third parties

(a) We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:

(i) when you provide your Personal Information to our Authorised Affiliates or other third parties;

(ii) in the case of Contractors, from Customers;

(iii) in the case of Customers, from Contractors;

(iv) if you use:

(A) our social media sites or applications, pages or plugins;

(B) third party products or services that interact with Payzen Platform and Payzen App, the Services or our other products or service; or

(b) When we collect your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.

(c) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:

(i) inform them that you are providing their Personal Information to us; and (ii) advise them that they can contact us for further information.

(d) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to access that information, and who we are and how to contact us.

(e) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.

3.3. Third party payment processor

We use a Third Party Payment Processors to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to our Party Payment Processors whose use of your Personal Information and payment information is governed by their privacy policy, which may be viewed at www.stripe.com/au/privacy.

4. How we use your Personal Information

4.1. Purposes of use and disclosure

(a) We only use, process and disclose your Personal Information for the purposes for which it is collected.

(b) In particular, we use, process and disclose your Personal Information and Non Personal Information to:

(i) provide or deliver the Payzen Platform, Services, our Site and/or our other products and services to you, including, without limitation, to provide the

means through which Contractors and Customers can connect for the

purpose of providing Services to Customers and to collect payment on

behalf of Contractors;

(ii) inform you about Payzen App, Services, our Site, our other products and services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, Payzen App, the Services, our Site, our other products and services or other matters which we believe are of

interest to you (such as recruitment or job opportunities);

(iii) manage, administer, improve, test, develop and upgrade the Payzen App, Services, Site and our other products and services, informing you about

scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Payzen App, the Services, Site, our other products and services, Contractors and/or Customers;

(iv) share with our Authorised Affiliates;

(v) charge and bill Contractors to access and use the Payzen App and Services;

(vi) verifying your identity;

(vii) for internal record keeping;

(viii) for direct marketing purposes (see below);

(ix) complying with our legal and regulatory obligations;

(x) for any purpose to which you have consented; and

(xi) for any other purpose notified to you at the time of collection.

(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.

4.2. Disclosure to Authorised Affiliates

(a) In order to provide or deliver the Payzen App, Services, the Site and/or our other products and services to you, we may disclose your Personal Information and Non-Personal Information to:

(i) our related bodies corporate, business partners, service providers, third party contractors, agents or suppliers;

(ii) authorised external service providers who perform functions on our behalf, such internet and technology services providers, app and website software developers, hosting and data storage companies, marketing, advertising and security service providers, Third Party Payment Processors, fulfilment companies, credit reporting agents, debt collection agents, market

research and recruitment service providers; and

(iii) external business advisors, such as auditors, lawyers, insurers and financiers,

(collectively, Authorised Affiliates).

(b) We may also disclose your Personal Information and Non-Personal Information: (i) to any other party with your consent and direction;

(ii) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or

(iii) where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or

standard.

(c) When we disclose your Personal Information or Non-Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.

(d) Our Authorised Affiliates may also provide us with Personal Information and Non Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.

4.3. Overseas disclosure

(a) In the course of providing you with access to, and use of, the Payzen Platform, Payzen App, Services and our other products and services, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to:

(i) our third party payment processors located in the United States and elsewhere outside of Australia;

(ii) our email marketing service providers are located in the United States; and

(iii) our website and app developers located in Australia, United States, Malaysia and the Philippines.

(a) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas we will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.

(b) If you have any questions in relation to the transfer of your Personal Information please contact us using the contact details set out in section 11 below.

4.4. Disclaimer

(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:

(i) we are otherwise required by the relevant Privacy Laws;

(ii) we are permitted to under this Privacy Policy; or

(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper

functioning of the Payzen App and Services.

(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5. Notifiable Data Breaches

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach laws as set out in the Privacy Act.

6. Marketing communications

6.1. Direct marketing

(a) We may use and disclose your Personal Information to send you information about the Site,, the Payzen App, the Services or information about the other products and services we may offer from time to time, as well as other information that may be of interest to you.

(b) These communications may continue, even after you stop using the Services and/or the Payzen App.

6.2. Communication channels

(a) We may send this information to you via the communication channels specified at the time you provide your consent.

(a) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices on the Payzen App.

6.3. Opting-out

You can opt out of receiving these communications by:

(a) contacting us using the details below; or

(b) using the unsubscribe function in the email or SMS.

7. Storage and security

7.1. Protecting your Personal Information

(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical,

administrative, and physical controls to protect and maintain the security of your Personal Information and Non-Personal Information.

(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.

(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:

(i) protect and maintain the security of your Personal Information and Non Personal Information; and

(ii) comply with the Australian Privacy Principles when accessing and using your Personal Information.

7.2. No guarantee

(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Site or the Payzen App.

(b) You provide your Personal Information and Non-Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and

disclosure of, your Personal Information and Non-Personal Information.

7.3. Destruction of Personal Information

We will destroy or de-identify Personal Information after your account has been deleted or where your Personal Information is no longer required, unless we are required or authorised by law to retain the information. However, we may retain Personal Information

(including basic registration information) in accordance with documentation retention and destruction laws.

8. Accessing and correcting your Personal Information

(a) We shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.

(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.

(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.

(d) We will endeavour to respond to your request for access or correction within [eg 30] days from your request.

9. Cookies Policy

9.1. Cookies

(a) We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use the Site and the Payzen App and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of the Site and the Payzen App.

(b) We may also log your IP address. Your IP address is your computer’s electronic Internet address. We may collect your IP address to see trends, run the website, track user movements, and gather broad demographic information.

9.2. Google Analytics

(a) Services that the Site and the Payzen App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our Site. By using the Site and the Payzen App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.

(b) Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://tools.google.com/dlpage/gaoptout).

10. Privacy complaints

(a) If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

(b) At all times, privacy complaints:

(i) will be treated seriously;

(ii) will be dealt with promptly;

(iii) will be dealt with in a confidential manner; and

(iv) will not affect your existing obligations or your commercial arrangements with us.

(i) respond to you within 10 business days; and

(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.

(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.

11. How to contact us

If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact us directly by:

(a) email at support@payzenapp.com or info@payzenapp.com;

(b) calling us on 0419 869 816.

12. Changes to this Privacy Policy

(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the Site and/or the Payzen App.

(b) We encourage you to check the Site and the Payzen App from time to time to ensure you are familiar with our latest Privacy Policy.