Rechtsinformation

This Privacy Policy is issued by ClickSend Pty Ltd of Level 24, 367 Collins Street, Melbourne, Victoria, Australia 3000 (“ClickSend”).

1. Introduction

The protection of privacy of those using our services is very important to ClickSend and we have implemented policies and procedures to ensure this protection.

This Privacy Policy explains what kinds of personal information we collect from you when you visit our website or use our services, how we use your personal information, who we might share information with (including when we might send your information overseas), and your rights in relation to the information we collect, including how you can find out about what personal information we hold about you and how you can complain about our use of your information.

2. What Information We Collect

We collect information from our clients when they use our services. Our clients may also provide us with personal information relating to their customers or other contacts when they use our services to send message communications.

In this section we explain the different types of personal information (“Personal Information”) that we may collect or hold in relation to you, depending on whether you are a client, or a customer or other contact of one of our clients:

• If you are a user from one of our client organisations, we store your contact information (name, postal address, telephone, fax number, and email address) when you enter that information online either through our website or client portal. If you have signed any documents with us, we may also store your signature;

• If you are a client that has chosen to pay for our services by credit card or direct debit, then we collect your credit card or bank account details when you provide these for payment purposes (and please note that we do not store your credit card information; we substitute your credit card information with a PCI compliant token to safeguard your details and provide you with maximum security);

• Other details relating to the company or organisation that you are an employee of, or are administering the ClickSend account on behalf of, if that information is reasonably necessary for our activities

• If one of our clients has sent you a message communication using our services, or you have responded to a message communication from one of our clients, then our client will have provided us with your contact details, which may include your name, postal address, telephone, mobile and fax numbers and email addresses.

• We may also store Personal Information that our clients have collected from other contacts and uploaded to our online portal, API or mobile application.

• If you contact us through our website, online portal, or by email, fax, post or telephone, we will retain your Personal Information that you provide to us, together with the content of our mutual correspondence, including any emails you send to us.

• If you have requested a trial of our services, our sales team will collect contact information (name, address, telephone number, email address) from you over the telephone or via our website or by email.

• If you have provided Personal Information to one of our related bodies corporate.

3. How we use your Personal Information

We use Personal Information to provide quality messaging services to our clients. We may use your Personal Information in some or all of the following ways:

• to provide you with access to our website or online portal;

• to provide our products and services to you, including as a recipient or end user of our messaging services;

• to process payments and carry out business administration in relation to your client account;

• to respond to any correspondence from you, including handling any complaints from you;

• to verify your identity and for the process of detecting, investigating and preventing fraud;

• through the use of analytics software (including Google Analytics Demographics, Interest Reporting and third party audience data) to assess and improve the operation and performance of our website, API and mobile application and to understand how users find and use our website;

• to analyse your use of our various services (including product usage, system and log files) to improve the performance and development of our messaging products, API and mobile application; and

• to comply with any law, rule, legal decision or regulation that we are obliged to comply with.

We use your Personal Information for the purpose of performing our contract with our client or where we have your consent to do so.

4. Marketing

We may use your Personal Information so that we, our related bodies corporate, agents and contractors can provide you with information about our products, and services (including by way of direct mail, telemarketing, email, SMS and MMS) or request your feedback for promotional purposes.

You always have the right to opt-out of receiving such information. If you do not wish to receive information from us relating to products, services, promotions and features, please contact ClickSend’s Support team at support@ClickSend.com.

5. Links to Third Party Websites

ClickSend websites may contain links to third party websites. If you visit a third party website, then you should read the privacy policy of that third party site to understand how they collect and use your Personal Information. This Privacy Policy applies solely to the Personal Information collected directly by ClickSend. We are not responsible for how any third party website collects or uses your Personal Data.

6. Cookies

A cookie is a small data file placed on your computer containing standard internet log and visitor behaviour information, but not any information that could personally identify you.

For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

We use cookies in the following ways:

• We use Google Analytics, Bing ads, Google AdWords Conversion tracker, and other services that place cookies on a browser across the website to help us analyse website visitor behaviour and to increase the website’s effectiveness for our visitors. These cookies are set and read by the third party vendors, such as Google.

• We use a session cookie to remember your login to the ClickSend website or online portal to improve usability.

• We use Google and Bing Webmasters, data from Google Analytics Demographics, Interest Reporting and third party audience data to help us understand how people find and use our site. This statistical data is used to provide better services and more relevant content to our users based on demographic and interest data.

• We use Remarketing with Google Analytics to advertise online including the Google Adwords tracking cookie. This means we will continue to show ads to you across the Internet, specifically on the Google Display Network (GDN). As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third party remarketing system. Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads. You can opt out of Bing ads within Bing profile settings.

• We and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to:

  • Inform, optimise, and serve ads based on your past visits to our website; and

  • Find out how ad impressions, ad services, and your interactions with these ad impressions and ad services are related to visits to our site.

  You may opt out of Google’s use of cookies by visiting the Ads Preferences Manager. Also, you can opt out of other third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. You can prevent your data from being collected by installing the Google Analytics Opt Out add-on.

ClickSend does not share, sell or rent this information in any way subject to the exceptions outlined in this Privacy Policy.

7. Children

Our site and services are not intended for or directed to children (under the age of 13 in the United States or under the age of 16 in the EEA). We do not knowingly collect any personal information directly from children. If we discover we have received any personal information from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible.

If you are a parent or guardian of a minor child and believe that the child has disclosed online personal information to us, please contact us at support@clicksend.com.

8. Sharing your Personal Information with Third Parties

ClickSend does not sell your Personal Information to third parties. However, your Personal Information may be shared with third parties in the following circumstances:

• If you have consented to us sharing your Personal Information with a third party (for example, via an opt-in) including where you have added or connected an integration with a third party through our platform, or where you give access to your ClickSend account through an API.

• Where we are under a duty to disclose or share your Personal Information to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or to protect the rights, property, or safety of our clients, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

• Where ClickSend is of the belief that the user has breached its obligations pursuant to our Terms and Conditions and/or has breached its privacy obligations.

• Where a third party provides their services to us for the operation of our business, in which case ClickSend will take all reasonable steps to ensure that the third party complies with the terms of this Privacy Policy. Examples of such third parties would be: web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry and matching service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. Information about the sub-processors that we have engaged to provide processing activities on customer data on behalf of our customers is available at https://www.clicksend.com/de/legal/subprocessors/.

• To our group companies, employees and contractors who require use of your Personal Information in order to provide our services to you.

• Where all or a portion of ClickSend’s assets are sold or transferred to another company through a sale or liquidation of its assets.

9. Security of Your Personal Information

ClickSend takes all reasonable steps to protect your Personal Information from misuse, interference, loss and from unauthorised access, modification and disclosure. ClickSend’s websites and internal information management systems are designed with the aim of preventing Personal Information from being disclosed by any unauthorised means. However, you should note that the inherent nature of the Internet is such that the security of information cannot be guaranteed 100%.

10. Access to and Correction of Your Personal Information

You have the right to access the Personal Information that we hold about you and to ask us to confirm what processing we carry out in relation to your Personal Information. If this information is not accurate, complete and up to date, you may request that we correct this information.

To make a request, please contact ClickSend’s Privacy Officer at privacyofficer@clicksend.com. Generally, ClickSend will not charge a fee for providing access to users, however we reserve our right to charge a reasonable fee if your request is manifestly unfounded, excessive, or repetitive or if you request further copies of the same information.

For residents of the United States, ClickSend complies with the provisions and obligations imposed by applicable Data Protection Legislation if applicable, which may include state-based privacy laws such as the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”) and/or the Colorado Privacy Act (“CPA”).

In order to access or change users’ information online, users are required to log in using their unique user name and password provided to them when establishing their ClickSend account. In order for users to gain access to their Personal Information over the telephone via ClickSend Support, users may be required to identify themselves via confirmation of the existing account details held by ClickSend.

11. Transfer and Disclosure of your Personal Information Overseas

In some circumstances, we may provide personal information to overseas recipients including for the purposes in clause 7 if the recipient is located overseas. If you have enabled international roaming and are travelling, our carriers will forward your message to the relevant international carrier in the country you are visiting to allow us to provide our service to you while you are overseas. If you have requested our Standard Rate (hybrid) SMS service then, so we can provide the service that you have requested, we may use an international service provider, and forward your message to third parties in jurisdictions other than the jurisdiction in which you reside. Whilst it is not practicable to list all of the countries to which your personal information may be disclosed to, it is likely that such countries will include Australia, United States, the United Kingdom, New Zealand, Brazil, Vietnam and the Philippines. Where we disclose your personal information to recipients located overseas for a purpose specified in clause 7, we will verify that the recipient has safeguards in place to protect your personal information and will ensure we have contractual protections in place to formalise such safeguards.

12. Changes to our Privacy Policy

By providing ClickSend with your Personal Information and using the services provided, you consent to the collection, use and sharing of your Personal Information in the manner described in this Privacy Policy. We may amend this Privacy Policy from time to time. We encourage you to check our Privacy Policy regularly as any changes will take effect when they are made or published on our website, as by continuing to use our services, you will be agreeing to the changes we have made to our Privacy Policy.

We encourage you to check our Privacy Policy regularly as any changes will take effect when they are made or published on our website, as by continuing to use our services, you will be agreeing to the changes we have made to our Privacy Policy.

13. Complaints or Questions

If you would like to access or correct your information, make a request or complaint, or if you have any other questions about this Privacy Policy, please contact our Privacy Officer at:

Privacy Officer

ClickSend Pty Ltd

Level 24, 367 Collins Street

Melbourne 3000

Email: privacyofficer@ClickSend.com

You always have the right to lodge a complaint with the Office of the Australian Information Commissioner. You can find contact details here: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint.

This Privacy Policy was last updated in September 2023.