Payments (AUS) Pty Ltd (‘Flexe Payments’, 'we' or 'us') for the provision of the
INOVAPAY Services, the choices you can make about your personal information and how we
protect your information. If you would like a printed version of this policy, you can
print this page using your browser, or contact us for a copy. Our contact details are
listed at the end of this Policy. To meet your expectations about privacy and
confidentiality, Flexe Payments has established operational processes and procedures to
Australian Privacy Principles (APPs) contained in the Privacy Act 1988;
Australian Direct Marketing Association (ADMA) Code of Practice in relation to how
we market to our customers;
Spam Act 2003 in relation to electronic marketing;
Do Not Call Register Act 2006 where we might engage in telemarketing activities in
General Data Protection Requirements (GDPR).
If you have any questions not addressed in this policy, please feel free to contact us
using the methods at the end of this policy under the heading "How to contact Us".
1.1 We are committed to safeguarding the privacy of our website visitors and service
users; in this policy we explain how we will handle your personal data.
in accordance with the terms of this policy.
1.3 Our website incorporates privacy controls which affect how we will process your
personal data. By using the privacy controls, you can specify whether you would like to
receive direct marketing communications and limit the publication of your information.
You can access the privacy controls via http://www.inovapay.com.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of
personal data that we did not obtain directly from you, the source and specific
categories of that data;
(c) the purposes for which we may process personal data;
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data“). The
usage data may include your IP address, geographical location, browser type and version,
operating system, referral source, length of visit, page views and website navigation
paths, as well as information about the timing, frequency and pattern of your service
use. The source of the usage data is our analytics tracking system. This usage data may
be processed for the purposes of analysing the use of the website and services. The
legal basis for this processing is our legitimate interests, namely monitoring the use
of our products and services and ensuring we comply with our legal obligations.
2.3 We may process your account data (“account data“). The account data may include your
name and email address. The source of the account data is you. The account data may be
processed for the purposes of operating our website, providing our products and
services, ensuring the security of our website and services, maintaining back-ups of our
databases and communicating with you. The legal basis for this processing is the proper
administration of our website and business according to applicable legislation.
2.4 We may process your information included in your personal profile on our website
(“profile data“). The profile data may include your name, address, telephone number,
email address, date of birth. The profile data may be processed for the purposes of
enabling and monitoring your use of our website and services. The legal basis for this
processing is the proper administration of our website and business according to
2.5 We may process information that you post for publication on our website or through
our services (“publication data“). The publication data may be processed for the
purposes of enabling such publication and administering our website and services. The
legal basis for this processing is our legitimate interests, namely the proper
administration of our website and business.
2.6 We may process information contained in any enquiry you submit to us regarding
products and/or services (“enquiry data“). The enquiry data may be processed for the
purposes of offering, marketing and selling relevant products and/or services to you.
The legal basis for this processing is that we will always ask for your consent before
processing your enquiry data for the aforementioned purposes.
2.7 We may process information relating to transactions, including purchases of goods and
services, that you enter into with us and/or through our website (“transaction data“).
The transaction data may include your contact details, your card details and the
transaction details. The transaction data may be processed for the purpose of supplying
the purchased goods and services and keeping proper records of those transactions. The
legal basis for this processing is the performance of a contract between you and us
and/or taking steps, at your request, to enter into such a contract and our legitimate
interests, namely our interest in the proper administration of our website and business.
2.8 We may process information that you provide to us for the purpose of subscribing to
our email notifications and/or newsletters (“notification data“). The notification data
may be processed for the purposes of sending you the relevant notifications and/or
newsletters. The legal basis for this processing is your permission and additionally,
the performance of a contract between you and us and/or taking steps, at your request,
to enter into such a contract.
2.9 We may process information contained in or relating to any communication that you
send to us (“correspondence data“). The correspondence data may include the
communication content and metadata associated with the communication. Our website will
generate the metadata associated with communications made using the website contact
forms. The correspondence data may be processed for the purposes of communicating with
you and record-keeping. The legal basis for this processing is our legitimate interests,
namely the proper administration of our website and business and communications with
2.10 In addition to the specific purposes for which we may process your personal data set
out in this Section 3, we may also process any of your personal data where such
processing is necessary for compliance with a legal obligation to which we are subject,
or in order to protect your vital interests or the vital interests of another natural
2.11 Please do not supply any other person’s personal data to us, unless we prompt you to
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies (this
means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar
as reasonably necessary for the purposes set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers
insofar as reasonably necessary for the purposes of obtaining and maintaining insurance
coverage, managing risks, obtaining professional advice and managing legal disputes.
3.3 In addition to the specific disclosures of personal data set out in this Section 3,
we may also disclose your personal data where such disclosure is necessary for
compliance with a legal obligation to which we are subject, or in order to protect your
vital interests or the vital interests of another natural person.
4. International transfers of your personal data
4.1 We and our other group companies have offices and facilities in Australia, England,
Lithuania, Greece, South Africa and new locations are imminent. We abide by the European
Commission’s "adequacy decision" with respect to the data protection laws of each of
these countries. Transfers to each of these countries will be protected by appropriate
safeguards, namely the use of standard data protection clauses adopted or approved by
the European Commission.
4.2 The hosting facilities for our website are situated in Frankfurt. The European
Commission has made an “adequacy decision” with respect to the data protection laws of
each of these countries. Transfers to each of these countries will be protected by
appropriate safeguards, namely the use of standard data protection clauses adopted or
approved by the European Commission.
4.3 You acknowledge that personal data that you submit for publication through our
website or services may be available, via the internet, around the world. We cannot
prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed
to help ensure that we comply with our legal obligations in relation to the retention
and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for
longer than is necessary for that purpose or those purposes.
5.3 We will retain and delete your personal data as follows:
(a) personal data will be retained for 5 years following the date of collection, at the
end of which period it will be deleted from our systems.
5.4 In some cases it is not possible for us to specify in advance the periods for which
your personal data will be retained. In such cases, we will determine the period of
retention based on the following criteria:
(a) the period of retention of personal data will be determined based on our legal
obligations. Flexe Payments will only store information that is requested from us by law
for a period of 7 years. The rest of the data held/stored by us will be deleted after
the data has been processed in accordance with the General Data Protection Regulation.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal
data where such retention is necessary for compliance with a legal obligation to which
we are subject, or in order to protect your vital interests or the vital interests of
another natural person.
6.1 We may update this policy from time to time by publishing a new version on our
6.2 You should check this page occasionally to ensure you are happy with any changes to
6.3 We may notify you of changes to this policy by email.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under the General Data
Protection Regulation. Some of the rights are complex, and not all of the details have
been included in our summaries. Accordingly, you should read the relevant laws and
guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to
(d) the right to restrict processing;
(e) the right to object to
(f) the right to data portability;
(g) the right to complain to a
supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data
and, where we do, access to the personal data, together with certain additional
information. That additional information includes details of the purposes of the
processing, the categories of personal data concerned and the recipients of the personal
data. Providing the rights and freedoms of others are not affected, we will supply to
you a copy of your personal data. The first copy will be provided free of charge, but
additional copies may be subject to a reasonable fee.
7.4 You have the right to have any inaccurate personal data about you rectified and,
taking into account the purposes of the processing, to have any incomplete personal data
about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without
undue delay. Those circumstances include:
(a) the personal data are no longer necessary in relation to the purposes for which they
were collected or otherwise processed;
(b) you withdraw consent to consent-based
(c) the processing is for direct marketing purposes; and the
personal data have been unlawfully processed.
However, there are certain general exclusions of the right to erasure. Those general
exclusions include where processing is necessary:
(a) for exercising the right of freedom of expression and information;
compliance with a legal obligation; or
(c) for the establishment, exercise or
defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal
data. Those circumstances are:
(a) you contest the accuracy of the personal data;
(b) processing is unlawful but
you oppose erasure;
(c) we no longer need the personal data for the purposes of our
processing, but you require personal data for the establishment, exercise or defence of
legal claims; and
(d) you have objected to processing, pending the verification of
Where processing has been restricted on this basis, we may continue to store your
personal data. However, we will only otherwise process it:
(a) with your consent;
(b) for the establishment, exercise or defence of legal
(c) for the protection of the rights of another natural or legal person;
(d) for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds
relating to your particular situation, but only to the extent that the legal basis for
the processing is that the processing is necessary for:
(a) the performance of a task carried out in the public interest or in the exercise of
any official authority vested in us; or
(b) the purposes of the legitimate
interests pursued by us or by a third party.
If you make such an objection, we will cease to process the personal information unless
we can demonstrate compelling legitimate grounds for the processing which override your
interests, rights and freedoms, or the processing is for the establishment, exercise or
defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct
marketing purposes including profiling for direct marketing purposes. If you make such
an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific
or historical research purposes or statistical purposes on grounds relating to your
particular situation unless the processing is necessary for the performance of a task
carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is
consent, and such processing is carried out by automated means, you have the right to
receive your personal data from us in a structured, commonly used and machine-readable
format. However, this right does not apply where it would adversely affect the rights
and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data
protection laws, you have a legal right to lodge a complaint with a supervisory
authority responsible for data protection. You may do so in the country of your habitual
residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information
is consent, you have the right to withdraw that consent at any time. Withdrawal will not
affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written
notice to us.
8. About cookies
8.1 A cookie is a file containing an identifier, a string of letters and numbers that is
sent by a web server to a web browser and is stored by the browser. The identifier is
then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie
will be stored by a web browser and will remain valid until its set expiry date, unless
deleted by the user before the expiry date; a session cookie, on the other hand, will
expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user,
but personal information that we store about you may be linked to the information stored
in and obtained from cookies.
9. Cookies that we use
navigate our website;
are logged into our website;
information about your preferences and to personalise the website for you;
accounts, including preventing fraudulent use of login credentials, and to protect our
website and services generally;
the use and performance of our website, products and services; and
10. Cookies used by our service providers
when you visit our website.
10.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers
information about website use by means of cookies. The information gathered relating to
our website is used to create reports about the use of our website. Google’s privacy
policy is available at: https://www.google.com/policies/privacy/.
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The
methods for doing so vary from browser to browser, and from version to version. You can,
however, obtain up-to-date information about blocking and deleting cookies via these
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(e) https://support.apple.com/kb/PH21411 (Safari);
11.2 Blocking all cookies will have a negative impact upon the usability of many
11.3 If you block cookies, you may not be able to use all the features on our website.
12. Our details
12.1 This website is owned and operated by INOVAPAY, a strategic partner of the provider
of the INOVAPAY Service Provider, Flexe Payments (AUS) Pty Ltd.
12.2 Flexe Payments (AUS) Pty Ltd is a company incorporated in Victoria, Australia with
Australian Business Number 19 630 617 640 and whose registered office and principal
place of business is at Level 1, 293 Swanston Street, Melbourne, VIC, 3000, AUSTRALIA.
12.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact
(c) by telephone, on the contact number published on our website from time to
(d) by email, at
13. Data protection officer
13.1 Our data protection officer’s contact details are:
FLEXE PAYMENTS AND GDPR
Flexe Payments has welcomed the EU General Data Protection
Regulation (GDPR) as an important step forward in streamlining data protection
requirements not only across the EU but worldwide. Flexe Payments already complies with
GDPR regulations as a data processor ever since they took effect on 25th May 2018 across
all jurisdictions we operate in, whether the GDPR standards are mandated by law or not
(as GDPR constitute the highest standards of Data Protection). Similar to existing legal
requirements, compliance with the GDPR requires a partnership between Flexe Payments and
our customers in their use of our products and/or services. Flexe Payments will comply
with the GDPR in the delivery of our products and services to our customers. We are also
dedicated to helping our customers comply with the GDPR. We have analysed the
requirements of the GDPR and are working to make enhancements to our products,
contracts, and documentation to help support Flexe Payments’ and our customers’
compliance with the GDPR.