AzimoPSP Pty Ltd ACN 642 496 740 (referred to as Azimo, we, our, us) is bound by the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles (APPs) and recognises the importance of ensuring the confidentiality and security of your personal information.
To the extent that it is necessary to do so, Azimo also complies with the requirements of the EU General Data Protection Regulation (GDPR) as adopted by EU Member States. The AAPs and the GDPR Policy share many common requirements. Where an obligation imposed by the AAPs and the GDPR are the same, but the terminology is different, Azimo will comply with the terminology and wording used in the AAPs, and this will constitute Azimo’s compliance with the equivalent obligations in the GDPR.
If the GDPR imposes an obligation on Azimo that is not imposed by the APPs, or the GDPR obligation is more onerous than the equivalent obligation in the APPs, Azimo will comply with the GDPR (see Annexure A).
What kind of personal information do we collect and hold?
- Disclosure of information means providing information to persons outside of Azimo;
- Personal information means information or an opinion relating to an individual, which can be used to identify that individual;
- Privacy Officer means the contact person within Azimo for questions or complaints regarding Azimo’s handling of personal information;
- Sensitive information is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
- Use of information means use of information within Azimo.
What kind of personal information do we collect and hold?
We may collect and hold a range of personal information about you to provide you with our services, including:
- phone numbers;
- email addresses;
- citizenship or residency status;
- occupation and employment details;
- bank account details;
- credit card or debit card details;
- details of proof of identity document ;
- financial information, including source of funds (for example, by way of a payslip, credit card statement, tax rebate receipt or bank loan agreement);
How do we collect personal information?
We generally collect personal information directly from you. For example, personal information will be collected through our registration process forms and other interactions with you in the course of providing you with our products and services, including when you visit our website, use a mobile app from us, call us or send us correspondence.
We will not collect sensitive information about you without your consent, unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law, or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If the personal information we request is not provided by you, we may not be able to provide you with the benefit of our services or meet your needs appropriately.
We do not give you the option of dealing with them anonymously, or under a pseudonym. This is because it is impractical, and, in some circumstances, illegal for Azimo to deal with individuals who are not identified.
Unsolicited personal information
We may receive unsolicited personal information about you. We erase or de-identify all unsolicited personal information we receive, unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.
Who do we collect personal information about?
The personal information we may collect and hold includes (but is not limited to) personal information about:
- Azimo users;
- potential Azimo users;
- recipients of funds remitted by Azimo users;
- service providers or suppliers;
- prospective employees, employees and contractors; and
- other third parties with whom we come into contact.
Cookies do not contain personal information in themselves, but can be used to identify a person when combined with other information. Cookies are small text files which are transferred to your computer’s hard drive through your web browser that enables our website to recognise your browser and capture and remember certain information.
We use the following cookies:
Necessary cookies: these cookies enable the basic use of our Service
e.g. enabling content reserved for registered users
Personalisation cookies: these cookies allow our Service to be personalised for you
e.g. remembering your preferred language or sending country
Analytical cookies: these cookies allow us to see how people use our Service so that we can understand how to improve it
e.g. seeing how many people are logged in at a given time of day
List of used Online Tracking Services:
- Google Google Ads,
- Google Analytics,
- Facebook ads,
- Hotjar Branch,
- Twitter Ads,
Why do we collect and hold personal information?
We may use and disclose the information (excluding credit information) we collect about you for the following purposes:
- provide you with our products and services;
- review and meet your ongoing needs;
- provide you with information we believe may be relevant or of interest to you;
- let you know about other products or services we offer, send you information about special offers or invite you to events;
- consider any concerns or complaints you may have;
- comply with relevant laws, regulations and other legal obligations; and
- help us improve the products and services offered to our customers and enhance our overall business.
We may use and disclose your personal information (excluding credit information) for any of these purposes. We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act.
Sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise, or an exemption in the Privacy Act applies.
Who might we disclose personal information to?
We may disclose personal information (excluding credit information) to:
- a related entity of Azimo;
- an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, debt collectors or other advisers;
- organisations involved in a transfer or sale of all or part of our assets or business;
- organisations involved in managing payments, including payment merchants and other financial institutions, such as banks;
- regulatory bodies, government agencies, law enforcement bodies and courts;
- financial product issuers and credit providers; and
- anyone else to whom you authorise us to disclose it or is required by law.
We may disclose the following personal information to CRBs, in order to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF obligations):
- date of birth; and
- residential address.
The purpose of disclosing this information is to enable us to verify whether the personal information collected matches the identification information held by the CRB. We may, upon request, provide you with an alternative method of verification, however, any alternative verification method must also comply with the AML/CTF legislation.
Sending information overseas
We may disclose personal information to related entities, third-party services providers, banks and individuals or entities to whom you have instructed us to remit funds that are located outside Australia in some circumstances. The countries these recipients may be located are likely to include, but are not limited to:
- the United Kingdom
- the Netherlands
- United States of America
- Hong Kong.
We will not send personal information to recipients outside of Australia unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Act and the APPs;
- the recipient is subject to an information privacy scheme similar to the Privacy Act; or
- the individual has consented to the disclosure.
If you consent to your personal information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
Management of personal information
We recognise the importance of securing the personal information of our customers. Your personal data is stored in our IT systems and databases. We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.
We may only use personal information we collect from you for the purposes of direct marketing without your consent if:
- the personal information does not include sensitive information; and
- you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
- we provide a simple way of opting out of direct marketing; and
- you have not requested to opt out of receiving direct marketing from us.
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.
You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.
We do not adopt identifiers assigned by the Government (such as drivers’ licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.
How do we keep personal information accurate and up-to-date?
We are committed to ensuring that the personal information we collect, use and disclose is relevant, accurate, complete and up-to-date.
We encourage you to contact us to update any personal information we hold about you. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge you for correcting the information.
Accessing your personal informatio
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information that we hold about you by contacting the Azimo’s Privacy Officer. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access.
Non-compliance and disciplinary actions
Incidents/Complaints handling/Making a complaint
We have an effective complaints handling process in place to manage privacy risks and issues.
The complaints handling process involves:
- identifying (and addressing) any systemic/ongoing compliance problems;
- increasing consumer confidence in our privacy procedures; and
- helping to build and preserve our reputation and business.
You can make a complaint to us about the treatment or handling of your personal information by lodging a complaint with the Privacy Officer.
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:
- telephoning – 1300 363 992
- writing – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
- emailing – firstname.lastname@example.org
Contractual arrangements with third parties
Third parties will be required to implement policies in relation to the management of your personal information in accordance with the Privacy Act. These policies include:
- regulating the collection, use and disclosure of personal and sensitive information;
- de-identifying personal and sensitive information wherever possible;
- ensuring that personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and
- ensuring that the personal and sensitive information is only disclosed to organisations which are approved by us.
- you may access the personal information we hold about you;
- you may seek the correction of your personal information;
- you may ask us to provide an alternative means of identity verification for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
- you may complain about a breach of the Privacy Act, including the APPs; and
- we will deal with a privacy complaint.
Annexure A: GDPR
The following are key terms used in the GDPR which are not used in the APPs:
Controller means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. (This is an APP entity under the Privacy Act).
Data Subject means an identified or Identifiable Natural Person. (This is an individual under the Privacy Act.)
Identifiable Natural Person means one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (This is an individual under the Privacy Act.)
Personal data means any information relating to a Data Subject. (This is similar to personal information under the Privacy Act.)
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptions or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. (There is no single concept in the Privacy Act that is equivalent. The Privacy Act uses concepts of ‘collection’, ‘use’ and ‘disclosure’.)
Processor means a natural or legal person, or other body which processes personal data on behalf of the controller. (There is no direct equivalent concept in the Privacy Act other than references to ‘third parties’ who deal with personal information on behalf of or for an APP entity.)
|Item no||Obligation||Australian Privacy Act requirement||Azimo will comply with the GDPR requirement|
|1||Use or disclosure of personal information/data for secondary purpose||Azimo may use personal information for a secondary purpose if the individual has consented, it is within their reasonable expectations, or another exception applies.||Azimo will only process personal data where the data subject has consented to one or more of the specific purposes of the processing, or another listed scenario applies. For example, where the processing is necessary to perform a contract or comply with a legal obligation.|
|2||Collection of solicited personal information/data||
Azimo will only collect personal information where it is reasonably necessary or when it is directly related to Azimo’s functions or activities, and by lawful and fair means.
Sensitive information will only be collected with consent, or where a listed exemption applies.
|Azimo will only collect personal data for the specified explicit and legitimate purposes described, and all personal data will be processed lawfully and fairly.|
|3||Notification of collection of personal information/data||Azimo’s Privacy Collection Notice is drafted in accordance with the APP requirements.||Azimo provides the following additional information to EU citizens:
Azimo may only use or disclose personal information for direct marketing purposes if certain conditions are met. In particular, direct marketing messages must include a clear and simple way to opt out of receiving future messages, and must not be sent to individuals who have already opted out. Sensitive information about an individual may only be used for direct marketing with the consent of the individual.
|Azimo will ensure that individuals have the right to object at any time to the use of their personal data for direct marketing purposes.|
|5||Dealing with unsolicited personal information||
Azimo will destroy or de-identify all unsolicited personal information.
|Azimo will not collect personal data without a specified, explicit purpose.|
|6||Cross border disclosure of personal information||
Personal information may only be disclosed where the recipient is subject to a regulatory regime that is substantially similar to the APPs, where the individual has consented, or another listed exception applies.
|Azimo will only transfer personal data outside of EU jurisdiction where the recipient jurisdiction has been assessed as ""adequate"" in terms of data protection, where sufficient safeguards (such as a binding contract or corporate rules) have been put in place, or a listed exception applies.|
|8||Consent||Azimo ensures that when obtaining consent from an individual, the following elements are complied with:
||Azimo ensures that when obtaining consent from an individual, the consent must be freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to the individual.|
|9||Data breach notification||Azimo has in place policies and procedures which comply with the mandatory data breach notification scheme.||
Azimo shall without delay and, where feasible, not later than 72 hours after having become aware of a personal data breach, notify the personal data breach to the supervisory authority.
Where the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, Azimo shall communicate the personal data breach to the data subject without undue delay.
|11||Right to restriction of processing||Nil||Azimo will ensure that the individual has the right to obtain from Azimo restriction of processing (where a specified ground applies). Restriction of processing means the ability to have stored personal information marked with the aim of limiting its processing in the future. The specified grounds for the restriction of processing are:
Azimo will obtain the individual’s specific consent to data profiling.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Profiling includes the use of website analytics, which are automated data collection methods used to determine a person’s preferences on the website, and also often used to determine location of website visitors.
Azimo will ensure that, where required, it will obtain the individual’s specific consent to data profiling, by ensuring that a website pop-up prompts the individual to provide their consent when undertaking profiling through Azimo’s website.
Azimo will obtain the individual’s consent to monitoring an individual’s behaviour in so far as it takes place in the EU.