Smokeball payments are facilitated by EzyCollect Pty Ltd. EzyCollect Pty Ltd (ACN 156 330 371) will collect, use and disclose your personal information in connection with the delivery of its payment services in accordance with this ezyCollect Privacy Policy.
Separately, Smokeball collects, uses and discloses personal information from its customers in accordance with its own Privacy Policy, which is available at https://smokeball.com.au/info/payments-privacy.
1.1 ezyCollect Pty Ltd (ACN 156 330 371) is a business registered in Australia (the Company) and is committed to keeping your information safe and secure in accordance with, respective of where you are located, the Privacy Act 1988 (Cth) and the Privacy Act 2020 (NZ) (the Privacy Act) and the Australian Privacy Principles and the New Zealand Privacy Principles contained therein.
1.2 By engaging the Company’s products or services (the Services) or using the Company’s website (the Website) and platform (the Platform), you, and any related business, are giving consent to the Company for the use of your private information in the manner set out in this Privacy Policy.
2.1 The Company may collect and use the following kinds of information:
(a) information about your use of the Website, Platform or Services (including your IP address; browser type; device identification number, version and language; operating system; pages viewed while browsing the Website or Services; page access times; “cookies”; and referring website address);
(b) business and personal information about our customers, our customer’s customers, employees, officers, contractors, or agents;
(c) information about your business (including the business name, address, telephone number, customer names, customer address, email address, ACN or NCN, ABN or NZBN, payment terms and customers’ total debt); and
(d) information about your personal details (including full name; telephone contact details; address information; email address; and payment information).
2.2 Information about your business and personal information may be collected from you in a variety of ways, including but not limited to:
(a) when you register for the Services;
(b) when you, your contractors, agents, employees, directors, or your customers interact with the Company electronically or in person;
(c) when you, your contractors, agents, employees, directors, or your customers access the Company’s Website, Platform or Services; and
(d) when the Company provides products and/or Services to you.
3.1 The Company may use your personal information to:
(a) enable your access to the Website and Platform;
(b) track usage and measure traffic statistics of the Website;
(c) supply to you the products and/or Services that you purchase or request as a customer;
(d) receive and/or access information from third party providers for the provision of our products and/or Services to you;
(e) contact you regarding your use of the products and/or Services offered by the Company;
(f) contact you in relation to comments, complaints, enquiries or dispute resolution;
(g) collect payments from you;
(h) assist our customers in debt management and debt recovery;
(i) for identity verification purposes for individuals and businesses;
(j) for audit and record keeping purposes and to comply with our legal and regulatory obligations;
(k) communicate with third party providers or associate parties with respect to the provision of the Services; and
(l) send you marketing communications.
3.2 While this list is not exhaustive, any purposes outside of this list will be consistent with those permitted under the Privacy Law.
3.3 The Company will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing Services to you or a third party for which you have consented to by engaging the Company’ Services or by using the Company’s Services. However, the Company may disclose your personal information to its business partners who can assist them to provide Services to you as a customer.
3.4 The Company, in its sole discretion, may disclose your personal information if it is required to do so by law or legal process, including:
(a) in order to establish, exercise or defend its legal rights;
(b) as required or authorised by law; or
(c) to the extent required to permit the Company to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct the Company deem improper.
3.5 The Company may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of the Company, the Website, the Platform its customers or third parties.
3.6 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. The Company only discloses personal information in good faith and where required by any of the above circumstances.
4.1 It is important that you advise the Company of changes to your personal information that you have provided to the Company as it is essential that your personal information is accurate, complete, and up-to-date in order for the Company to provide the Services to you.
4.2 The Company will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to this information.
4.3 The Company will take commercially reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our Services to you, developing new products and services, and where the Company is not required to retain that information by law.
5.1 You are responsible to ensure that the information you provide to the Company is accurate, complete and up-to-date.
5.2 By request, you may contact the Company and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
5.3 By request, you may access your personal information by contacting the Company at privacy@ezycollect.io. The Company reserves the right to charge a reasonable administration fee for this access.
5.4 The Company in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.
6.1 You acknowledge that the Company retains, collects and maintains your personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that the Company may share, distribute and/or transfer information which you have provided to the Company to third parties, after that information has been de-identified.
7.1 The Company uses cloud services, and as such, its server may be located in Australia or overseas and you acknowledge, agree and understand that your personal information will be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
7.2 In addition to the above, the Company will transfer personal information to someone who is in a foreign country where:
(a) the Company reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles and the New Zealand Privacy Principles;
(b) the individual consents to the transfer;
(c) the transfer is necessary for the performance of a contract between you and the Company, or for the implementation of pre-contractual measures taken in response to your request;
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Company and a third party;
(e) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it; or
(iv) the Company has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles and the New Zealand Privacy Principles.
8.1 Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
8.2 Sensitive information will be used by the Company only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
9.1 The Company may use your personal information to directly offer you products and services it believes may be of interest and value to you. If you do not want to receive direct marketing offers from us or our affiliates or service providers, please contact us using the contact details or the opt-out facility provided to you.
10.1 The Company is subject to the Notifiable Data Breaches (NDB) scheme under the Australian Privacy Act and it will act in accordance with the requirements of the NDB Scheme and the guidance of the Office of the Australian Information Commissioner (OAIC) in assessing and responding to suspected notifiable data breaches. Where a breach of personal information occurs that is likely to cause serious harm to individuals, the Company will notify the OAIC and affected individuals as required. If you believe that any personal information the Company holds about you has been impacted by a data breach, you can contact the Company using the contact details below.
11.1 The Company may use cookies, web beacons and measurement software (the Cookies) on the Website and the Services to:
(a) store details about your use of the Website and Platform to provide you with a personalised experience tailored to you, for example remembering your preferences and greeting you by name;
(b) analyse Website and Platform traffic, trends and reporting statistics to improve the Website and Services;
(c) provide you with targeted marketing communications; and
(d) provide you with relevant advertisements when you visit the Website through third party services such as Google Ads.
11.2 You may reject or delete the use of Cookies through the settings on your browser or mobile settings.
12.1 The Website may from time to time have links to other websites not owned or controlled by the Company. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that the Company is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
13.1 As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact the Company using the contact details below.
13.2 A complaint should identify whether it is about:
(a) the collection of personal information;
(b) the use of personal information;
(c) the disclosure of personal information;
(d) the security or storage of personal information;
(e) the accuracy of personal;
(f) a refusal to give access to or provide information about their personal information; or
(g) a refusal to change or delete personal information.
13.3 The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, the Company will advise further options including, if appropriate, making a complaint with, respective of your location, the Office of the Australian Information Commissioner or New Zealand’s Office of the Privacy Commissioner.
14.1 Waivers
In limited circumstances, the Company may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by the Company. The Company anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and the Company encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.
14.2 Governing Law & Jurisdiction
This Privacy Policy is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Sydney, Australia.
15.1 This Privacy Policy is available online via https://smokeball.com.au/info/payments-privacy.
15.2 The Company reserves the right to modify or amend this Privacy Policy at any time, for any reason, and without any notice, by posting a revised version on its website. Any changes to this Privacy Policy will become effective when the Company posts the revised Privacy Policy on the website. Your use of the Services, including but not limited to Company’s websites and platforms, following these changes means that you accept the revised Privacy Policy.
15.3 This policy was last modified on 30 June 2021.
16.1 Please contact the Company if you have any questions regarding this Privacy Policy.
Telephone: +61 1300 780 524
Email: privacy@ezycollect.io
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