Privacy Policy Australia

Latest Version Posted: January 25, 2021

About this Privacy Policy

This is the Privacy Policy for Auctane LLC d/b/a ShipStation and its corporate affiliates responsible for collecting and maintaining certain information collected about you (“ShipStation,” “we,” “our,” “us), which sets out our personal information handling practices to assist our compliance with the Australian Privacy Principles and the Privacy Act 1988 (Australia) (together, the “Act”). This Privacy Policy sets out the different types of personal information we collect, why we collect it, how we use it, and what you can do if you would like to correct any details we may hold about you, or exercise other rights you have. A reference to “personal information” in this Privacy Policy is a reference to personal information as defined in the Act.

We will update this Privacy Policy from time to time at our discretion, and we will notify you of material updates if we have your contact details. You can visit our website to see the latest version of the policy.

Providing it is lawful and practical, we will give you the option of not identifying yourself, using a pseudonym, or not providing personal information when you enter into a transaction or deal with us. If you elect not to provide us with personal information then we may not be able to provide you with the information, products, services or support that you may want. For example, we need a name, address and payment details to do business with you.

Why do we collect personal information?

We collect, hold and use personal information so we can market and provide products and services to our customers, review job applications, and comply with our legal obligations.

What personal information do we collect?

We collect the following personal information from our customers, suppliers and other people who contact us. The actual information collected will depend on the reason we are in contact with you:

  • name, email/physical/shipping/billing addresses, credit card and banking information, telephone numbers and domain names;
  • your devices’ internet protocol addresses, type, screen size, geolocation, referring domain and out link, search terms on our site, pages visited on our site and date and time of page accesses, and other usage data; and
  • information about the products and services that you purchase or consider purchasing from us.

How do we collect and store your personal information?

The main way we collect personal information about you is when you give it to us. We also collect personal information in a number of other ways, including:

  • through information submitted through our website and applications;
  • when one of our customers gives us your information so you can receive products and services from our customers;
  • through web analytics;
  • through communications with you, including emails, voice calls, chat widgets and other support processes, and via social media; and
  • when you order products and services from us.

We may also obtain information from other companies or third parties, such as when you synchronize or integrate a third-party account or service with your ShipStation account, or when we use service providers to supplement the personal information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service.

We do not acquire personal information from third-party marketing companies in relation to our Australian operations.

We may receive unsolicited personal information in the course of our business. We will deal with this information in accordance with this policy.

Credit card payment information is held by our third-party payment provider, which has its own privacy policy. If you wish to view this policy, please contact us and we can direct you to it. Our credit card processing contractor will collect payer and credit card information and details of other payment methods used on our website and to purchase our products and services.

We store personal information:

  • in systems that we use in connection with our business, some of which may be owned and operated by our suppliers in Australia and abroad;
  • in our hard copy files; and
  • in the databases associated with our website.

We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include:

  • the length of time we have an ongoing relationship with you and provide products or services to you;
  • legal obligations we may have to keep (or destroy) your data; and
  • legal advice we receive (such as in regard to litigation, regulatory investigations or applicable statutes of limitation).

When your personal information is no longer required it is destroyed in a secure manner.

What do we use your personal information for?

We collect, hold, use and disclose personal information for the following purposes:

  • processing transactions for you and your customers;
  • delivering to you and your customers the products and services that you have requested and provide you with customer service and technical support following these requests;
  • conducting marketing and sales promotions;
  • promoting our products and services; and
  • improving the application and website experience of our customers and visitors.

We also use personal information for our own internal business purposes including:

  • data analysis to improve our products and services, identifying usage trends so we can understand which of our products and services are of most interest to our customers, developing new products and services, determining the effectiveness of marketing campaigns so that we can adapt to the needs and interests of our customers;
  • auditing our internal processes to ensure they function as intended and that we comply with regulatory requirements;
  • fraud and security monitoring; and
  • operating and expanding our business activities such as understanding which of our services are of most interest to our customers, so we can focus on our customers’ needs.

We may de-identify data so that it ceases to be personal information as defined in the Act. That data may be aggregated or otherwise used in ways that ensure it remains de-identified.

How we share your personal information

From time to time, we may need to share your personal information with others.

Third-Party Service Providers. We may share your information, including personal information and usage data, with third-party service providers who perform various functions to enable us to provide our products and services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third-party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they are providing to us or on our behalf.

Carriers. Use of carrier services via our platform is at your own risk. We are not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services. By providing information to certain carrier services, you understand and consent to the collection, use, processing, disclosure and transfer of such information and that they may have different data protection practices. Your interactions with these service carriers are governed by each carrier’s privacy policy.

Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

Protection of ShipStation and Others. We may share account information, personal information and usage data when we believe it is appropriate to enforce or apply our products' terms of service and other agreements; or protect the rights, property, or safety of ShipStation, our products and/or services, our users, or others. For example, this includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personal information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Information Sharing Between ShipStation Entities. We share your information, including your personal information, with and among our affiliates, except where prohibited by law. Affiliates means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our products and services.

Third-Party Services that are Synced, Linked or Connected with Your ShipStation Service. We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third-party services with your ShipStation account. Sometimes ShipStation may let you know about the service or product, or another company may let you know about a ShipStation service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your personal information, as well as information about how you interact with each provider’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your personal information, to the other party.

Sharing with Third Parties Generally. ShipStation may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your email address; your phone number; any information related to your postage, mailing activity; or any information related to your customers or address lists. You may contact ShipStation at any time to request that your information not be shared with such third parties, or when you register with ShipStation, or by accessing the opt-out link in any email communication from ShipStation.

Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you wish to stop receiving promotional information following any change of control.

With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your personal information may be shared with other third parties.

Do we share your personal information?

We do not share your personal information with third parties, except to the extent disclosed in this policy and either approved by you or required or permitted by law.

Sending information outside Australia

We may send and hold personal information outside Australia in the following circumstances:

  • where our website, internal information technology systems, or any software as a service or hosting service we use to provide or support our services is hosted by us or a third party, and the hosting facilities and/or the back-up/disaster recovery sites are located overseas;
  • we are required to disclose information to other members of our corporate group for regulatory or legal reasons; or
  • where a third-party application is being used in connection with our interactions with you, e.g. when we use email, help desk or VoIP providers, the third-party providers of the relevant application may have their applications hosted overseas.

When we send personal information outside Australia for processing we will enter into formal contracts with those processors, which will contain privacy terms and conditions that allow us to meet our privacy obligations to you.

We may have no control over where these third-party service providers host their applications and it is impractical for us to be able to advise you of the countries where the personal information may be held or processed.

Use of social media

We may communicate with you through social networking services. Our website includes links to social media, including blogs, Twitter feeds, Facebook, Instagram, and similar services. The nature of social media is that these applications actively enable exchange and disclosure of any information, whether personal or otherwise, that is included within those applications. All information, including personal information that you enter in those applications may be used, stored, handled and disclosed in any way that is consistent with the privacy policies of the relevant applications, if any. We have no control over those interactions.

Cookies and beacons

When you visit our website, we may collect information from you automatically through cookies, beacons or similar technology, and place cookies (a small text file) on your computer or device where possible.

We use cookies and beacons to operate and improve your experience on our site, including:

  • allowing our website merchant processes to operate correctly and efficiently;
  • display advertisements that are relevant to you;
  • collect analytical data;
  • allowing you to sign in faster, and keeping you signed in;
  • saving items in your cart; and
  • to track how the site is used.

If you do not want us to use cookies then you may stop them, or be notified when they are being used, by adopting the appropriate settings on your browser. If you do not allow cookies to be used then some or all of the website or other applications or tools on it might not be accessible to you and you may not be able to purchase products or services from us.

Links to other websites and applications

Our website includes links to other websites and applications that are not owned or operated by us. We are not responsible for the content of those websites, applications or tools, nor for any products, services or information contained in them or offered through them. You should review the privacy policies and terms and conditions of use of those websites, applications and tools when you visit them.

Your rights regarding your personal information

You have the right to access your personal information that we hold, and request that it be rectified or erased. If you want to access your personal information we hold or you believe any of your personal information that is held by us is inaccurate, out of date, incomplete, irrelevant or misleading or it is not necessary for us to continue to hold it, you can contact us, and we will either provide you with access to the personal information, or we will correct it, as applicable, within a reasonable period.

We may not be able to delete all of your personal information, as taxation and governance laws require us to retain certain information.

If we delete some or all of your personal information then we may be unable to provide you with products and services.

You may unsubscribe from our direct marketing at any time. We will not send you direct marketing without your consent and you can withdraw your consent at any time by selecting the ‘unsubscribe’ link within each email.

Complaints

If you wish to complain about a breach of any Australian Privacy Principle that binds us, a registered privacy code that binds us or this Privacy Policy, then you should contact us using the information in the Contacting Us section of this Privacy Policy.

If you are not satisfied with how we deal with your complaint you may contact the Australian Information Commissioner, whose contact details can be found at https://www.oaic.gov.au.

Contacting Us

If you have any questions regarding this Privacy Policy or your information, we invite you to contact us by:

  • email at [email protected]; or
  • writing to:

    Auctane LLC d/b/a ShipStation
    Attn: Privacy
    3800 N Lamar Blvd., Suite 220
    Austin, TX 78756, USA.

Children’s Personal Information

We do not knowingly collect information from minors.

ShipStation services are intended for and directed to adults. Our services are not directed to minors and we do not knowingly collect personal information from minors.