Yumasoft Inc., a corporation, located at 245 Saw Mill River Road, Suite 106, Hawthorne, New York, 10532, the United States, has assigned its rights and obligations under the below-mentioned documents to MKM Technology Pty Ltd ( Trading as OscarPOS Point of Sale Solutions ) having a principal place of business at Unit 8 / 13 Port Kembla Drive, BIBRA LAKE WA 6163, Australia.
1.2 Personal data collection and processing through the Application is conducted by Yumasoft Inc. having a principal place of business at 245 Saw Mill River Road, Hawthorne, New York, USA, 10532 (hereinafter, referred to as the “Company”, “we”, or “us”).
2. About the Application
2.1 The Application is an integral part of the cloud-based point-of-sale system YumaPOS offered by the Company. The Application is intended to be used by natural or legal persons (the “Customers”) for e-commerce purposes, such as placing orders for goods ( “Orders”) from Company’s partners (the “Stores”).
3.2 Sensitive data. Please note that the Company does not collect sensitive personal data (e.g., your health information, opinion about your religious and political beliefs, racial origins and membership of a professional or trade association), unless you decide, at your sole discretion, to provide the Company with such information.
4. Types of collected personal data
4.1 The Company adheres to data minimization principles. We collect and process only minimal amount of information that is strictly necessary for performing the operations requested by you through the Application (e.g., placing and processing Orders), unless you decide, at your sole discretion, to provide additional personal data to the Company.
4.2 When you use the Application, the Company collects your IP address.
4.3 If you sign up for our newsletter by using the “Sign up for newsletter” functionality available in the Application, the Company will collect your email address.
4.4 When you register a user account through the Application and place one or more Orders, the Company collects the following personal data: (i) your name; (ii) your e-mail address; (iii) your phone number; (iv) your address; (v) your password; and (vi) any other information you wish to provide us.
4.5 By using the Application, you acknowledge and agree to submit personal data that is up-to-date, true, accurate, current, and complete, and you shall update your personal data through the Application as soon as any changes in your personal data occur.
4.7 Information collected from third parties. The Company may receive some personal data from third parties, such as data authentication providers and social media service providers, if you access the Application through such service providers. Please note that data processing of such service providers is governed by their individual privacy policies.
5. The purpose of processing of personal data
5.1 The Company respects data protection principles and uses the collected personal data only for the purposes for which personal data is provided.
5.2 The personal data collected through the Application is used only for:
Processing Orders placed by you;
Informing you about the progress of your Orders;
Contacting you with regard to provision and updates of the Application;
Verifying your contact details;
Customizing Application’s content based on your location;
Providing you with news, advertisements, offers, and other marketing material which may be of interest to you;
Delivering a newsletter; and
Audit and security purposes.
5.4 In case the Company is being sold partly or fully, the Company may also provide your personal data to a purchaser or successor entity.
6. Non-personal data
6.1 The Company may collect non-personal data, such as browser types, operating systems, time/date stamps, search history, location information, and the URL addresses of websites clicked to and from the Application. You may adjust your device settings or your user account settings through the Application in order to control the collection of such non-personal data.
6.2 The Company collects the non-personal data mentioned in Section 6.1 in order to analyze the use of the Application, how Customers find it, how long they stay, from which other places they come to the Application, what Orders Customers place, and to which other websites they go from the Application.
7. Security of personal data
7.1 The Company utilizes information security tools, such as secured networks, pseudonymisation, and encryption, for the purpose of protecting your personal data. The Company puts reasonable efforts to maintain the security of and to prevent misuse, loss, unauthorized access, and modification of your personal data.
7.2 However, due to the inherent risks of using the Internet, the Company cannot be liable for any destruction, loss, leakage, and falsification of personal data caused by circumstances beyond Company’s reasonable control.
7.3 The Customer is solely responsible for keeping online credentials, such as login details and passwords, in a private and secure manner. Under no circumstances shall the Company be responsible for unauthorized access and any damage whatsoever occurred due to the failure of the Customer to protect its online credentials.
8. Third party access to personal data
8.1 The Stores may access some of your personal data (e.g., your name, address, and phone number) in order to process and deliver the Orders placed by you. Although the Company carefully selects the Stores, it cannot be responsible for the security practices of the Stores. Please read the privacy policies of the respective Store before placing your Orders.
8.2 After obtaining your express consent, the Company may also share your personal data with the companies connected to YumaPOS cloud system as resellers or store but only those information which is related to relationships of you with these companies. These companies may let you know about goods and services, news, offers, and other marketing materials that can be of interest to you. You may unsubscribe from such marketing materials by following the instructions in those marketing materials (e.g., clicking on the “unsubscribe” link or sending an SMS). Push notifications can be declined by adjusting the privacy settings in the Application. Please note that push updates about Orders cannot be declined.
8.5 With the exceptions of the cases in Sections 8.1-8.4, the Company does not give your personal data to third parties, unless the Company is legally bound to do so.
8.6 The Company does not sell your personal information to third parties, and does not intend to do so in the future.
9. Accessing, correcting, and deleting personal data
9.1 The Company takes reasonable steps to ensure that the personal data collected and processed by the Company is accurate, complete, and up-to-date. Thus, we ask you to keep your personal data as current as possible and update your personal data through your user account in the Application as soon as any changes in your personal data occur.
9.2 You have the right to access, modify, or delete your personal data that is processed through the Application. If you would like to do so, please send an email to the following email address: firstname.lastname@example.org. The Company will answer your request as soon as possible but no later than 14 calendar days.
10.1 Your personal data will be kept for as long as is necessary to provide you with the requested service (e.g., placing Orders through the Application). When your personal data is no longer necessary to provide you with the requested service (e.g., you delete your user account), the Company will delete your personal data as soon as possible. Please note that the Company does not store or back up any personal data after you delete your user account.
11.1 The Application may contain web links to other websites. The Company is not responsible for the privacy practices of those websites.
12.3 Cookies do not typically contain personal data. However, personal data stored by us may be linked to the information stored in and obtained from cookies.
12.5 Google Analytics. The Company uses Google Analytics to analyze your use of the Application. Google Analytics generates statistical and other information about the Application by means of cookies. The information generated by Google Analytics in relation to the Application is used to create reports about the use of the Application. The Company uses the following Google Analytics advertising features: (1) Remarketing with Google Analytics; (2) Google Display Network Impression Reporting; (3) Google Analytics Demographics and Interest Reporting; and (4) Integrated services that require Google Analytics to collect data via advertising cookies and identifiers. You can opt out from Google Analytics advertising features through Ads Settings, Ad Settings for mobile apps, or any other available means.
13. Contact details & complaints
245 Saw Mill River Road
New York 10532
The United States of America
13.2 You have the right to lodge a complaint about the way in which your privacy has been handled by contacting the Company. After you submit such a complaint, we will send you an email within 5 business days confirming that we have received your complaint. Afterwards, we will investigate your complaint and provide you with our response within a reasonable timeframe but no later than 2 weeks.
13.3 If you are not satisfied with our response, you have the right to lodge a complaint with data protection authority in the place of your residence.
15. Last Amendment
15.1 The date of the last amendment is 22nd of September 2017.
16. Other Relevant Documents
The Purchase, Payment, and Delivery Terms available at http://www.oscarposcloud.com.au/terms-conditions/oscarpos-cloud-purchase-payment-delivery-terms
The User License Agreement available at http://www.oscarposcloud.com.au/terms-conditions/oscarpos-cloud-user-licence-agreement and
The General Terms available at http://www.oscarposcloud.com.au/terms-conditions/oscarpos-cloud-general-terms.