Privacy & Credit Reporting Policy

1. 1.1

   We collect Personal Information from customers (existing and prospective), users of our platform, service providers, contractors, prospective employees and other individuals for various business and other purposes further listed in section 2.2 below. In this section, we explain the types of Personal Information which we usually collect as well as how we collect this information.

2. 1.2

   The types of Personal Information we will collect from you will depend on the circumstances in which that information is collected. It may include:

   • Contact details (i.e., your name, address, email, phone and fax numbers);
   • Information to verify your identity, including in relation to “know your customer” and anti-money-laundering (KYC/AML) checks that we (and service providers on our behalf) conduct in relation to your, and your corporate entity’s, use of the Marmalade platform;
   • Financial information (such as the full bank account and BSB numbers, payment authorisations and/or credit or debit card numbers that you link to Marmalade or give us when you use Marmalade);
   • Information about the products and services you supply and acquire, including information about invoices you issue and receive in relation to such products and services, and the payments made and received in relation to such invoices;
   • Information about your employment (e.g., place of work, position, authority to transact with us, etc.);
   • Credit information and credit eligibility information (as described in section 3.3 below);
   • Age and information on personal preferences; and
   • Statistical information regarding the use of the platform, websites and applications, including users’ IP addresses and the dates and times of visits.

3. 1.3

   We usually collect Personal Information through:

   • Our platform, websites and applications;
   • Cookies and similar tracking technologies on our platform, websites and applications (see section 4);
   • Social media;
   • The onboarding process for use of our services;
   • Employment applications;
   • Third party service providers;
   • Requests for information;
   • Entries to competitions or promotions we run (either by us or through our marketing agents on our behalf);
   • Provision of customer service and support;
   • Responses to surveys or research conducted by us or on our behalf; and
   • Where we understand reasonable steps have been taken to ensure you were made aware that your personal information may be collected by us, Marmalade customers with whom you have engaged.

4. 1.4

   If you do not provide us with the information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply services to you or to assess your application for employment.

5. 1.5

   Where practicable, we will collect Personal Information directly from you. If we receive information about you from someone else (for example from someone who supplies goods or services to us), we will take reasonable steps to ensure you are aware that we have collected Personal Information about you and the circumstances of the collection.

1. 2.1

   We will only use and disclose your Personal Information in accordance with Privacy Laws and this Privacy Policy.

2. 2.2

   Our main purposes for collecting, holding, using and disclosing Personal Information are the following:

   • To supply services and support to customers and users of our platform;
   • To obtain products and services from our service providers;
   • To respond to enquiries from existing or prospective customers seeking information about our products or services;
   • To process transactions and send notices to you and your service providers (including your accounting platform providers) about your transactions;
   • To resolve disputes and troubleshoot problems;
   • To collect debts and other fees you may owe to us or to other users of our platform,
   • To deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
   • To process and assess employment applications;
   • To enforce agreements between you and us;
   • To undertake research and surveys and analyse statistical information;
   • To comply with legislative and our policy requirements including in relation to occupational health and safety and environmental matters;
   • To compare information for accuracy and verify it with third parties;
   • To investigate and prevent prohibited or illegal activities;
   • For the purpose of performing data analytics including to improve our services;
   • For other purposes to which you have consented;
   • To confirm your identity for the purposes of anti-money laundering and counter-terrorism laws and assess applications and your suitability for our services;
   • For the purpose of collecting any amounts owed by you as a result of any cash-in arrangement that arises between us and a Marmalade customer with whom you have engaged; and
   • As required or permitted by relevant laws and regulations.

3. 2.3

   A cash-in arrangement means an arrangement under which a Marmalade customer assigns and transfers to Marmalade its interest and rights to the payment of outstanding amounts owed to it under an invoice.

4. 2.4

   We will only use or disclose Personal Information for a purpose other than that for which it was collected or a related purpose if you have consented to such different use or disclosure or such use or disclosure is otherwise allowed by the Privacy Laws.

5. 2.5

   In carrying out our business, it may be necessary to share information about you with and between our related bodies corporate and organisations that provide services to us. Other than in relation to our service providers and partners as noted below, we would not otherwise routinely disclose Personal Information to another organisation unless:

   • Required by law;
   • We believe it is necessary to provide you with a service which you have requested;
   • It is necessary to protect the rights, property or personal safety of any of our customers, any member of the public or our interests;
   • The third party is a credit reporting body and the Personal Information disclosed is credit information or credit eligibility information;
   • The assets and operations of our business are transferred to another party as a going concern; or
   • You have provided your consent.

1. 3.1

   If we enter a cash-in arrangement with a Marmalade customer that covers you, we may collect credit information or credit eligibility information about you.

2. 3.2

   We generally do not collect your credit information or credit eligibility information directly from you. However, we do collect credit information or credit eligibility information from public records or from third parties such as credit reporting bodies. Credit reporting bodies are companies that hold credit information about individuals which they provide to credit providers in certain circumstances (for instance, where an individual applies to a credit provider for credit).

3. 3.3

   The credit information and credit eligibility information we may collect about you includes:

   • Identification information (such as your name and address);
   • Credit liability information (such as the name of the credit providers, the type of credit you hold and the amount of the credit);
   • Repayment history information (information about whether you have made your repayments on time in relation to any credit you have received);
   • Default information (information about any defaults or serious credit infringements);
   • Court proceedings information (information about any court judgments against you relating to credit you have received);
   • Personal insolvency information (information about any bankruptcy experienced by you); and
   • Information disclosed in reports obtained from credit reporting bodies.

4. 3.4

   We may use credit information and credit eligibility information that we collect for the purpose of assessing whether to enter a cash-in arrangement with a Marmalade customer in relation to you. We may also use that information for the purpose of exercising any rights we may have under our customer terms and conditions, and otherwise in accordance with section 2.2 above.

5. 3.5

   Additionally, we may disclose your credit information and credit eligibility information to third parties. To the extent permitted by Privacy Laws, we will only share this information in accordance with section 2.5 above.

6. 3.6

   If we use the services of a credit reporter or debt collection agency, we may exchange credit information about you with those agencies on an on-going basis (including information about your default and repayment history).

1. 4.1

   Like most organisations, we use a range of service providers to help us maximise the quality and efficiency of our services and our business operations, and engage with a range of partners to optimise our business. This means that individuals and organisations outside of our organisation, such as accounting platforms, providers of KYC/AML search and investigation services, data hosting, storage and analytics providers, debt collection service providers and any other service providers we use to deliver our services or operate our business, will sometimes have access to Personal Information held by us and may use it on behalf of us.

2. 4.2

   In particular, we will disclose financial information such as information about the invoices you send and receive, the payments you make and receive, your debt and payment profile and your outstanding obligations to pay invoices to your accounting software and services provider, to enable your accounting service provider to maintain an accurate picture of your financial position.

3. 4.3

   We require our service providers to adhere to strict privacy guidelines and not to keep this information or use it for any unauthorised purposes.

4. 4.4

   We use third-party analytics and advertising services to understand how visitors use our website and to measure and improve our marketing. These services are provided by analytics and advertising providers, including Google (Google Tag Manager, Google Analytics and reCAPTCHA), LinkedIn and Meta (Facebook and Instagram), whose cookies and similar technologies operate on our websites to help us understand how our sites are used and to measure and deliver relevant advertising, including retargeting. These providers may set cookies on your device and receive information such as your IP address, the pages you view, the dates and times of your visits, and your interactions with our ads. Where we use Meta’s advertising tools, we may also share hashed contact information (such as email addresses or phone numbers) with Meta to create custom or lookalike audiences for advertising purposes. This information is hashed before it is shared and is used by Meta solely for audience matching. You can manage cookies through your browser settings, opt out of LinkedIn’s use of your data for advertising via your LinkedIn account (Settings & Privacy → Advertising data), manage Google’s advertising preferences through Google’s ad settings, and manage Meta’s use of your data for advertising through Meta’s Ad Preferences settings.

We may disclose Personal Information outside of the jurisdiction from which it was collected. In the conduct of our business, we and/or our service providers may transfer to, hold or access Personal Information outside Australia from various countries, including New Zealand, the United States, Singapore and countries in the European Union. The Privacy Laws of those countries may not provide the same level of protection as the Privacy Laws of the country from which the Personal Information was collected. However, this does not change our commitment to safeguard your privacy, and we will comply with all applicable laws relating to the cross-border data disclosure.

1. 6.1

   Like most organisations, marketing is important to our functions and activities. We may therefore, from time to time, send marketing materials to current or prospective customers. We only do so in accordance with applicable laws or with your prior consent.

2. 6.2

   If you are receiving promotional information from us and do not wish to receive this information any longer, please contact us direct on 03 9917 8567 or support@withmarmalade.com.au and ask to be removed from our mailing lists, or use the unsubscribe facilities included in our marketing communications.

3. 6.3

   Even after you’ve opted-out of receiving marketing communications from us, we may still contact you 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.

1. 7.1

   You may request access to the Personal Information we hold about you, or ask us to correct it if you believe it is inaccurate, out of date, incomplete, irrelevant or misleading. To make a request, contact us on 03 9917 8567 or support@withmarmalade.com.au.

2. 7.2

   We will respond to your request within a reasonable time, generally within 30 days. In some circumstances we are permitted by law to refuse access or correction, for example where it would have an unreasonable impact on the privacy of others or where an exception under the Privacy Act applies. If we refuse your request, we will provide reasons for the refusal and information about how to complain about that refusal.

3. 7.3

   If you have a complaint about how we have handled your Personal Information, including any credit information or credit eligibility information, please contact us using the details above. We will investigate your complaint and aim to respond within 30 days. If you are not satisfied with our response, or if we have not responded within a reasonable time, you can refer your complaint to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au, or to an external dispute resolution scheme we are a member of, for complaints relating to credit information.