Privacy Policy

Instant Checkout Pty Ltd

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Last Updated

November 28, 2023

Instant Checkout Pty Ltd (ABN 50 642 933 462) (Instant, we, our, us) provides online checkout services, including Instant Checkout, Instant Audiences, and Instant SMS (each, an Instant Product) to e-commerce store operators (Merchants). When Instant Products are installed on a Merchant’s e-commerce website (Merchant Website), Instant is able to monitor and collect behavioural and other data about visitors to each Merchant Website (each, a Customer), which can then be used to develop a profile of the Customer that can be used by Merchants to optimise the checkout experience for Customers across all Merchant Websites, either via use of the Instant Checkout “Buy Now” button for instant checkout on the Merchant Website, or where the Customer doesn’t complete their purchase, via Instant Audiences and Instant SMS, which offers functionality that enables Merchants to send the Customer related marketing materials and SMS in order to complete purchases on a Merchant Website. Click here to find out more about Instant! 

This Privacy Policy describes how we manage the personal information about individuals whose data we collect and process, including via the Instant Products.

The Instant Products include functionality that collects and processes behavioural data about Customers use of Merchant Websites and personal information that is collected from a Customer’s device in order to allow Customers to complete the checkout process faster. 

We are committed to complying with our privacy obligations in accordance with all applicable data protection laws, including the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth) (each, an APP). If we decide to change this Privacy Policy, we will post the updated version on this webpage. Our policy is to always be open and transparent about our privacy practices. 

1. Consents

1.1 Our Merchants are required to comply with all applicable privacy laws.

1.2 Our agreement in place with each Merchant requires each Merchant to obtain all relevant privacy consents, approvals and authorisations required by law in order for us and our suppliers to collect and process the personal information about their Customers on each Merchant Website. We require each Merchant to electronically verify that they have obtained their Customers’ consent to the collection and processing of Customers’ personal information by us and our suppliers. 

1.3 Our Merchants are not permitted to access or use personal information that is collected about their Customers via the Instant Products unless they have obtained all consents required by applicable law.

1.4 We encourage each of our Merchants to ensure that their Customers are familiar with their privacy policy so that their Customers will understand how the Merchant will collect, use and otherwise process personal information about them, via Instant Products or otherwise. 

2. The types of personal information that we collect and hold

2.1 We collect and hold the following types of personal information about Customers:

  • Personal information, including first name, last name, phone number, email address, delivery address, billing information, products and services ordered from a Merchant Website, and payment details. We do not process Customer payments for purchases on Merchant Websites but we do enable the processing of such payment by providing the Customer’s payment details to a payment gateway provider that is responsible for processing such payments.  

  • Behavioural data, including browsing data collected by Instant Checkout or Instant Audiences from the Customers device, which may include session data, pages you access, your computer IP address, device identifiers, the type of operating system you are using, your location including geolocation, mobile network information, standard web log data and other information.

  • Personal information about Customers generated by Instant’s profile building technology such as information about the Customer’s shopping habits as determined by those algorithms, which may include sensitive information.

2.2 We collect and hold the following types of personal information about current and potential Merchants and their personnel:

  • Personal information, including first name, last name, phone number, email address, delivery address, billing information, products and services ordered from a Merchant Website, and payment details. We do not process Customer payments for purchases on Merchant Websites but we do enable the processing of such payment by providing the Customer’s payment details to a payment gateway provider that is responsible for processing such payments.  

  • We may also obtain information about a current or potential Merchant and their personnel from third parties including Instant Merchants, third party suppliers and commercial partners (together, Partners), as well as credit reporting bodies and identity verification services, and publicly or commercially available sources for the purposes of complying with relevant legislation (e.g. anti-money laundering laws).

  • Current Merchants and their personnel may provide us with access to certain personal information about them held by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account held with a third party with your Instant account that is set up for you when you first register with us, and authorising us to have access to this information, each Merchant and their personnel agrees that we may collect, store and use this information in accordance with this Privacy Policy.

2.3 We may also collect an individual’s personal information if they interact with our website or participate in a competition or promotion that we offer (either directly or through our marketing agents or our Partners).

2.4 We may collect personal information about our Partners and other third party suppliers and their personnel from our Partners and third-party suppliers or directly from their personnel. The information we collect about our Partners and third party service providers and their personnel may include name, position, contact details and training records.

3. How we collect personal information

3.1 Our policy is to not collect personal information by means that are unfair or unreasonably intrusive in the circumstances. We only collect personal information that is necessary to provide the functionality of the Instant Products and to otherwise operate our business.

3.2 We collect personal information about Customers when it is transmitted to us via Instant Products in accordance with our obligations pursuant to a contract in place with the Merchant. We also collect personal information entered by the Customer into our website, which the Customer is taken to when they click on the “Buy Now” button that has been installed on the Merchant Website. We also collect personal information about each Customer that is collected via a pixel containing a third-party JavaScript agent and the related code used in the Instant JavaScript library, which allows our third-party service providers to collect data about the Customer’s interactions with each Merchant Website.  

3.3 We also use cookies to collect personal information. We use cookies that identify when a Customer interacts with a Merchant Website that has Instant Products operating on it. We use a number of different cookies on our own website, the details of which are set out below.

3.4 We also collect personal information when a Customer voluntarily discloses it on the Merchant Website (via an Instant Product, surveys, online forms or otherwise). 

3.5 Our Merchants are responsible for ensuring that all Customer consents, approvals and authorisations have been obtained or provided by them as required by law for the lawful collection of the personal information that we collect from them. We receive personal information about Customers from each Merchant via the Instant Checkout or Instant Audiences functionality installed on each Merchant Website. 

3.6 In the event that any personal information is provided to us which is unsolicited by us, we will review such personal information on an individual basis before destroying or de-identifying the information. 

3.7 We collect personal information about current and potential Merchants and their personnel when they voluntarily disclose it to us or when we collect it about them when they order or use an Instant Product. We collect personal information about current and potential Customers and their personnel when they enter into a contract with us, order an Instant Product from us, register an end user account on an Instant Product, contact us to enquire about our products or services, to request technical support and/or when they otherwise voluntarily provide it to us.

3.8 We collect personal information about current and potential Partners and other service providers and their respective personnel when they voluntarily disclose it to us or when they negotiate or enter into a contract with us, contact us to enquire about engaging them and to provide us technical support.

4. How we use personal information

4.1 How we use the personal information that we collect and process.

5. De-identified data analysis

5.1 Personal information may also be de-identified by us and used for statistical analysis. All such data is not held in a form that could reasonably be expected to identify an individual.

5.2 We use de-identified personal information to help us review, enhance and improve the Instant Products (for statistical or research purposes) and to develop case studies and marketing material without identifying any individual. 

6. How we hold and secure personal information

6.1 We hold and store personal information that we collect in our offices, computer systems and third party owned and operated hosting facilities.

6.2 We take reasonable steps to protect personal information that we hold using such security safeguards as are reasonable in the circumstances to protect against loss, unauthorised access, modification and disclosure and other misuse, and we implement technical and organisational measures to ensure a level of protection appropriate to the risk of accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information transmitted, stored or otherwise processed by us.

6.3 We:

  • only use reputable cloud hosting providers to host personal information;

  • implement passwords and access control procedures, anti-virus, firewall and security controls for email and other applicable computer software and systems; 

  • maintain files, in both hardcopy and electronic form, at our offices and other access-controlled premises;

  • operate online records managements systems on secure networks;

  • regularly perform security testing;

  • maintain physical security measures in our buildings and offices such as visitor access management, cabinet locks, surveillance systems and alarms to ensure the security of information systems (electronic or otherwise);

  • require our employees, agents and contractors to comply with privacy and confidentiality provisions in their employment and subcontractor agreements that we enter into with them;

  • use SSL encryption on our systems;

  • have data backup archiving and disaster recovery processes in place;

  • if appropriate in the circumstances taking into account the state of the art, the costs of implementation and the nature, scope, content and purpose of the processing, we will encrypt personal information; and 

  • with respect to personal information that we no longer require or where we are otherwise required to destroy it under applicable law, we ensure that such personal information is securely destroyed.

7. Disclosure of personal information

7.1 We will disclose personal information to our employees, officers, professional advisors, suppliers, agents and/or related entities who assist us in the delivery and performance of the Instant Products. We ensure that they are aware of their information security responsibilities, are appropriately trained to meet those responsibilities and have entered into agreements which require them to comply with privacy and confidentiality obligations which apply to personal information that we provide to them.

7.2 We disclose personal information that we collect as follows:

  • To Merchants, being data about their Customers;

  • To our Partners and other third party suppliers, so that they can provide goods or services to us that we rely on to provide the Instant Products to Merchants. This includes our data storage and software providers who host our databases and information on our behalf and suppliers who support our business operations including in relation to fraud prevention, identity verification, payment collection, marketing, customer service, and technology services. This also includes our third party SMS providers for the purpose of supplying Instant SMS to Merchants;

  • when providing information to our legal, accounting or financial advisors or insurers, or to our debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;

  • where a person provides written consent to the disclosure of their personal information; 

  • where we become aware that specific personal information needs to be disclosed to protect the safety or vital interests of any person. Please note that while we may monitor personal information entered into, or generated via the Instant Products from time to time, we do not review all such information and do not represent that we will monitor any person’s use of the Instant Products; 

  • if we are contacted by any person who represents to us that they are a Customer, Merchant or their personnel, for security purposes, we will only discuss the personal information that we hold about them with them if they correctly identify themselves as such according to our security measures;

  • our affiliates and related companies;

  • financial institutions that we may partner with to jointly create and offer a product;

  • credit reporting bodies and collection agencies, including to report account information, as permitted by law. When we share your personal information with credit reporting bodies we authorise them to use that information for the purposes of providing their credit reporting services. To request a credit report, we will provide information to the credit reporting body that identifies you;

  • banking partners as may be required by credit card association rules for inclusion on their list of terminated merchants;

  • companies that we plan to merge with, be acquired by, acquire, or who may invest in us;

  • to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences;

  • for the enforcement of a law imposing a pecuniary penalty;

  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); and

  • to police and other governmental bodies or regulatory authorities.

7.3 We will only share your personal information with third parties as described in this Privacy Policy or as otherwise notified to you at the time of collection or with your consent.

7.4 If a Merchant subscribes to Instant Products directly on a third party website or via a third party application, any information that the Merchant enters on that website or application (and not directly on Instant’s website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and Merchants are encouraged to review their privacy policies before providing them with any personal information. 

8. Interacting with us without disclosing personal information

8.1 If you do not provide us with your personal information, you can only have limited interaction with us. For example, you can browse our website without providing us with personal information, such as the pages that generally describe Instant that we make available, and our Contact Us page. However, when you submit a form on our website or order an Instant Product, we need to collect personal information from you in order to identify who you are, so that we can provide you with the Instant Products, and for the other purposes described in this Privacy Policy.

8.2 You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about Instant or Instant Products but not if you wish to actually engage Instant, use the Instant Products or any part thereof. It is not practical for us to provide you with access to or use of the Instant Products (or any part thereof) if you refuse to provide us with personal information.

9. Third party products and websites 

9.1 Our website and the Instant Products may include links to third party websites or applications and integrations with third party products and services. Our linking to those websites or applications does not mean that we endorse or recommend them. We do not warrant or represent that any third party complies with applicable data protection laws. Merchants, Customers and other data subjects should consider the privacy policies of any relevant third party prior to disclosing personal information to them.

10. Offshore disclosure

10.1 We may transfer personal information to our contractors and service providers who assist us with the supply and provision of the Instant Products, and to assist us with the operation of our business generally, where we consider it necessary for them to provide that assistance. We will take reasonable steps to ensure that such recipients do not breach the APPs in relation to personal information or other relevant State and Territory laws (as applicable). At present we transfer your personal information to our offshore contractors and service providers only within Australia.

11. How to access and correct personal information held by us

11.1 Merchants and their personnel who wish to access, correct or delete the personal information held by us about them should contact us. Prior to contacting us or submitting a request for access, correct or deletion of any personal information held about them, Merchants and their personnel can access, update and/or delete their personal information by logging into their account on the Instant Products, where such functionality is available. However, we encourage you to contact us in any event and we would be happy to assist you.

11.2 Any Customer or other data subject who wishes to access, correct or delete the personal information held by us about them should contact us using our contact details set out below.

11.3 It is our policy to retain personal information in a form which permits identification of any person only as long as is necessary for the purposes for which the personal information was collected; and for any other related, directly related or compatible purposes if and where permitted by applicable law. We will only process personal information that you provide to us for the minimum length of time permitted by applicable law and only thereafter for the purposes of deleting or returning that personal information to you (except where we also need to retain the data in order to comply with our legal obligations, or to retain the data to protect your or any other person's vital interests).

11.4 We retain personal information in Instant as follows:

  1. Personal information about a Merchant and its personnel will be held while the Merchant is an Instant customer and thereafter for a period of 5 years for tax purposes. 

  2. Personal information about a Partner, other service provider and their respective personnel will be held while the Partner or other service provider is engaged by us and thereafter for a period of 5 years for tax purposes. 

  3. Personal information about a Customer will be held while the Customer is an active user of Merchant Websites and thereafter for a period of 12 months, at which time it will be automatically deleted; and

  4. We will only keep personal information for longer periods than specified above, where required under applicable law.

  5. As an alternative to deleting personal information, we may elect to de-identify it where permissible by law. We will use de-identified data for the purpose of improving the Instant Products and for provision to third parties for marketing and research purposes.

  6. Where you require personal information to be returned, it will be returned to you at that time, and we will thereafter delete all then remaining existing copies of that personal information in our possession or control as soon as reasonably practicable thereafter, unless applicable law requires us to retain the personal information, in which case we will notify you of that requirement and only use such retained data for the purposes of complying with those applicable laws.

  7. We will handle all requests for access to personal information in accordance with our statutory obligations. We may require payment of a reasonable fee by any person who requires access to their personal information that we hold, except where such a fee would be contrary to applicable law. We will not charge you for the making of any such request. We will endeavour to provide a response to any request for access to personal information within a reasonable time frame given the circumstances. This may include working with the complainant on a collaborative basis or otherwise resolving the complaint. 

12. Marketing

12.1 We may send marketing communications to Merchants about our products and services that we think they may be interested in. If a Merchant signs up to receive newsletters or other marketing communications from us, they can opt-out any time by clicking the unsubscribe link at the bottom of the message or by logging into their account on the Instant Products to update their marketing preferences at any time.‍

  1. Even after a Merchant opts-out of receiving marketing materials from us, please allow us sufficient time to process such changes. Unless otherwise required by law, it may take up to 5 days to process an opt-out request in relation to the receipt of electronic marketing materials such as emails and SMS, and up to 30 days for all other marketing-related requests.

  2. Even after a Merchant opts-out of receiving marketing communications from us, we may still contact the Merchant for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, outstanding payment inquiries, surveys or recalls, or any questions regarding a specific order.

  3. We may use personal information about Customers, including sensitive information, to send marketing communications to End Users on behalf of Merchants about Merchant products and services that the relevant Merchant thinks they may be interested in. If a Customer signs up to receive marketing communications from us on behalf of a Merchant, they can opt-out at any time by clicking the unsubscribe link at the bottom of the message, or by logging into their account on Instant Checkout to update their marketing preferences.

  4. Even after a Customer opts-out of receiving marketing communications from us, please allow us sufficient time to process such changes. Unless otherwise required by law, it may take up to 5 days to process an opt-out request in relation to the receipt of electronic marketing communications such as SMS, and up to 30 days for all other marketing-related requests.

13. Cookies and third-party analytical services

13.1 We use cookies to improve our website and the Instant Products, as well as to enhance Customer’s checkout experience.

13.2 When you access our website or use Instant Products, we may place small data files on your computer or other device. These data files may be cookies, pixel tags, flash cookies, or other local storage provided by your browser or associated applications (collectively Cookies). We use Cookies to ascertain which web pages are visited and how often, to make our website more user friendly, to give you a better experience when you attend at a Merchant Website and to target advertising to you that we think you may be interested in.

13.3 Cookies allow us to save your password and Instant Products account information so you do not have to re-enter it every time you complete an action, like make a purchase via Instant Checkout.

13.4 We use two main categories of cookie:

  1. Strictly Necessary Cookies: These cookies are set by us or a third party on our behalf, and are essential to enable you to use the features of our website, such as technically delivering content and experiences, setting your privacy preferences, logging in, making payments or filling in forms. Without these cookies, our website may not work properly.

  2. Optional Cookies: Optional cookies may be 'first party cookies' or 'third party cookies'. First party cookies set directly by us or by a third party at our request. Third party cookies are set directly by a third party or set by us at the request of a third party, such as our analytics or advertising service providers.

13.5 Most web browsers automatically accept Cookies. You can find information specific to your browser under the “help” menu. You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and the Instant Products.

14. Controlling Cookies
14.1 Your browser may give you the ability to control Cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our website and/or Merchant Websites. If you block or delete Cookies, not all of the tracking that we have described in this policy will stop. If you continue without changing your settings, we will assume that you are happy to receive all cookies on our website. You can change your cookie settings at any time. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform and we are not currently set up to respond to those signals.
15. Our contact details
15.1 Any person who wishes to contact us for any reason regarding our privacy practices or the personal information that we hold about them, or make a privacy complaint, may contact us as follows:
Contact: Privacy Representative
Email: help@instant.one
15.2 We endeavour to resolve any privacy complaint with the complainant within a reasonable time frame given the circumstances. This may include working with the complainant on a collaborative basis or otherwise resolving the complaint.
15.3 If the complainant is not satisfied with the outcome of a complaint or they wish to make a complaint about a breach of the Australian Privacy Principles, they may refer the complaint to the Office of the Australian Information Commissioner who can be contacted using the following details:
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
Address: GPO Box 5218, Sydney NSW 2001