Privacy Policy - Canada

 

Last updated September 2020

 

This privacy policy (‘the Privacy Policy’) applies to Afterpay Pty Ltd ACN 169 342 947, Afterpay NZ Limited (Company number: 6340314), Afterpay US, Inc., Afterpay US Services, LLC, Afterpay Canada Limited and their affiliates and related companies, (together, ‘Afterpay’, ‘we’, ‘us’ or ‘our’), and details how we collect, manage and use Personal Information, including but not limited to Personal Information collected on our websites, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms with a link to this Privacy Policy (“Websites”).  By “Personal Information” we mean information that is associated with a specific person and can be used alone or in combination with other information to reasonably identify that person. 

 

If we have collected personal data from you as a beneficial owner, director, other employee or trustee of a Merchant, please refer to our Merchant Privacy Policy.

 

Afterpay is committed to respecting the privacy of your Personal Information. We appreciate that individuals are concerned about the security of their Personal Information and we are committed to protecting any Personal Information in our custody or control.  In Canada, Afterpay Canada Limited is the agency collecting Personal Information and that will hold the information, but may share the information collected with other parties as set out in this Privacy Policy.

 

Afterpay’s retailers (which may include online market places) and commercial partners (together, ‘our Partners’) are independent of Afterpay and may have privacy policies which differ from ours. Our Partners are responsible for their own privacy policies and privacy practices. Please contact our Partners directly for further information on their privacy policies.

 

The Websites may also contain links to third party websites. These linked sites are not under our control and we are not responsible for content on these sites, nor are these sites subject to this Privacy Policy. Before disclosing your personal information on any third party website we recommend that you examine the terms and conditions and privacy policy of that site.

 

This Privacy Policy applies when you sign up for, access, or use our services, features, technologies or functions offered on our Websites (collectively ‘Afterpay Services’) and in relation to Personal Information we may otherwise collect during the course of our business as set out in this Privacy Policy. 

 

Afterpay may amend the Privacy Policy at any time. The updated version will be available by following the ‘Privacy’ link on the Websites. The revised version will be effective from the time we post it on the Websites. Afterpay may highlight any material changes to the Privacy Policy that may impact you by notifying you by email or otherwise.

 

Collecting Personal Information

Afterpay strives to be fair and open about the way we collect information about you and what we intend to do with the information. We will collect, use or disclose your personal data only with your knowledge and consent, including as set out in this Policy, except where otherwise required or permitted by law.      

We receive and store certain types of information from you when you interact with our Websites to deliver the products you request from us, and help improve your overall online experience.  For example, like many other websites, we store “cookies” and other web-based files on user devices to get certain types of information when your web browser, mobile phone, or other device accesses our Website.  The information sent to us may include data on the pages you access, your computer IP address, device identifiers, the type of operating system you are using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you are using and traffic to and from our site. When you visit our Websites or use Afterpay Services, we may also collect information about your transactions and your activities. Details on our collection of Personal Information through the use of cookies and analytical services is set out below.

In addition, if you open an Afterpay account with us or use Afterpay Services, we may collect the following types of information:

  • Contact information, such as your name, address, phone number, email and other similar information.
  • Financial information, such as the full bank account numbers and/or credit or debit card numbers that you link to your Afterpay account or give us when you use Afterpay Services.
  • Detailed Personal Information such as your date of birth, drivers license number, or other identification information or documents.
  • Account activity, status, and orders, including Retailer products you’ve purchased, shipping, billing, and refund details, any hardship or spending limits
  • Behaviours and inferences, such as your preferred Retailers, purchase and spending habits.

We may also obtain information about you from third parties including our Partners and related companies, as well as identity verification services, and publicly or commercially available sources for the purposes of complying with relevant legislation (eg. anti-money laundering laws).

You may choose to provide us with access to certain Personal Information stored by third parties such as social media sites (e.g., Facebook, Instagram and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Afterpay account and authorising Afterpay to have access to this information, you agree that Afterpay may collect, store and use this information in accordance with this Privacy Policy.

We may also collect your Personal Information if you enter a competition or promotion we run (either directly or through our marketing agents or our Partners), or if you apply for employment with us either directly or through a recruitment or employment agency.

We may collect Personal Information about our Partners’ staff directly from those staff or from our Partners. The information we collect about our Partners’ staff may include your name, position, contact details and training records.

We may also collect the Personal Information of our suppliers and service providers’ staff during the course of our business activities. This information may include your name, contact details and position. We will collect this information directly from you, or from the applicable supplier or service provider. 

In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with our Websites or Afterpay Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

We may also collect additional information from or about you in other ways, such as through contact with our customer support team, suppliers or service providers (whether via mail, email or through telephone enquiries), your responses to a market survey, and from interactions with Afterpay’s Partners or as otherwise notified to you at the time.

If you apply for employment with us, we may collect information you or a third party with your consent submits, such as your name, contact details, and opinions. We may collect from job applicants your contact details, Curriculum Vitae, eligibility to work, references, and other personal and professional related details to support your application.

Using Personal Information

Afterpay only collects, holds and handles information about you that is necessary for us to perform the services you request from us, that is otherwise reasonably necessary for our business activities or if required by law, court, or tribunal order.

We may use Personal Information we collect about you for a number of purposes including:

  • provide (or assess whether to provide) Afterpay Services;
  • customer support;
  • process transactions and send notices about your transactions;
  • resolve disputes, collect fees, and troubleshoot problems;
  • investigate and prevent potentially prohibited or illegal activities;
  • enforce our User Agreement with you;
  • learn more about your level of satisfaction, your expectations of us and our Partners, and how we can meet them (for example, in relation to Afterpay Services, and the goods offered by Afterpay’s retailers);
  • customise, measure, and improve Afterpay Services and the content, layout, and operation of our Websites;
  • deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
  • contact you via telephone, text (SMS) or email messaging, including as authorised by our User Agreement;    
  • Consider you for a position at Afterpay for which you have applied, including assessing your eligibility, and to enter into an agreement with you, if successful
  • compare information for accuracy and verify it with third parties;
  • confirm your identity for the purposes of anti-money laundering and counter-terrorism and sanctions laws and internal risk policies, and assess applications and your suitability for Afterpay Services;
  • to consider you for a position at Afterpay for which you have applied;
  • to acquire goods or services from you or from your employer;
  • for the purpose of performing data analytics including to improve our and our Partners’ services;
  • for other purposes to which you have consented; and
  • as required or permitted by relevant laws and regulations.

If all or some of your Personal Information is not collected or cannot be verified, we may be unable to provide you with Afterpay Services or a customised experience, engage with you, or do business with you.

SMS Terms and Conditions

By entering your mobile number, you agree to receive text messages for service notifications and verification codes from Afterpay. Message frequency will vary. Reply HELP for help, STOP to stop (or cancel).  Standard Message & Data rates may apply. Afterpay does not sell your data. Carriers are not liable for delayed or undelivered messages.

How we share Personal Information with other parties

We may share your Personal Information with:

  • Our affiliates and related companies to provide the Afterpay Services;
  • Our Partners and the suppliers and service providers (including affiliates acting in this capacity) who help with our business operations including in relation to fraud prevention, identity verification, payment collection, marketing, customer service, and technology services;
  • Our retailers, so that they can provide goods or services to you or respond to a complaint by you, or to help them improve the quality and standard of service they provide to you. If you transact with a retailer in another country (including the United States, United Kingdom and Australia), we will disclose personal information to the retailer in such country.
  • 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 or be acquired by or who may invest in us;
  • Law enforcement, government agencies or officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Afterpay; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate suspected violations of our User Agreement;
  • Your nominated referees so that we may check your references if you are applying for a position with Afterpay; and
  • Other third parties with your consent or direction to do so.

We may collect or transfer personal data across borders in a secure and lawful manner, within and externally to our company group, including for purposes described in this Policy and as otherwise required or permitted by law. We take necessary and reasonable steps to ensure other entities that collect and handle your personal data comply with a similar standard of compliance with applicable privacy laws and have appropriate safeguards. Internally, relevant entities are bound by global policies and procedures. 

In addition, you should note that retailers you buy goods or services from or contract with (even if such goods or services are purchased using Afterpay Services) have their own privacy policies, and Afterpay is not responsible for their actions, including their information protection practices.

If you open an Afterpay account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on Afterpay’s Websites) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with Personal Information. Afterpay is not responsible for the content or information practices of such third parties.

 

Consent

We process Personal Information with your consent except as permitted or required by law.  Consent may be express or implied, or may be obtained by providing you with information about how we may process your personal information.

If you do not consent to Afterpay collecting, using and/or disclosing your Personal Information, this may affect Afterpay’s ability to deliver and improve our products and services, or to engage or do business with you.

When you provide us with your name, date of birth and residential address in establishing your profile with us, you consent to us disclosing that information to credit reporting bodies and requesting an assessment of whether it matches personal information held by the body to assist in verifying your identity under anti-money laundering laws.

If there is a failure to verify your identity in the way described above, we will notify you within the secure Afterpay service or otherwise.

 

Marketing and privacy

Afterpay may send marketing materials from time to time to those who have provided Afterpay with Personal Information about products and services offered by Afterpay and our Partners.

If you signed up to receive newsletters or other marketing communications from us, you can opt-out any time by clicking the unsubscribe link at the bottom of the message.  You can also log-in to your account to opt-out and update your marketing preferences at any time. 

Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences.  Unless otherwise required to process your requests earlier by law, it may take up to 5 days to process your opt out requests in relation to receipt of electronic marketing materials such as emails and SMS, and up to 30 days for all other marketing-related requests. 

Even after you’ve opt-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.

You may also contact us on:

Email: [email protected]

Phone (Canada): 1-833-386-0210, Monday - Saturday, 7:00 a.m. - 7:00 p.m. (CST).

Mail: Afterpay Canada Limited, 222 Kearny Street, Suite 600, San Francisco, California,  United States of America 94108

 

Controlling Our Tracking Tools 

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 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 this Site.  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, so we are not currently set up to respond to those signals.

 

Cookies and third party analytical services

We use cookies and track IP addresses via our Websites so we can improve our services provided by our Websites and enhance your user experience.

When you access our Websites or use Afterpay Services, we and our Partners and companies we work with 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 Websites more user friendly, to give you a better experience when you return to a website and to target advertising to you that we think you may be interested in.

For example, Cookies allow us to save your password so you do not have to re-enter it every time you visit our site.

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 Websites and Afterpay Services.

 

Controlling Online Interest-Based Ads  

We sometimes work with online advertising vendors to provide you with relevant and useful ads.  This may include ads served on or through our Websites.  This may also include ads served on other companies’ websites.  These ads may be based on information collected by us or third parties.  For example, your postal code may be used to target an ad for people in your area.  These ads may also be based on your activities on our Websites or on third party websites.

Our Websites also use Google Analytics, a web analysis service of Google Inc. ('Google'). Google Analytics uses Cookies to monitor traffic to, and use of, the Websites. Information about the use of the Websites generated by these Cookies is generally transferred to a Google server in the USA and stored there. Google uses this information on our behalf to evaluate your Website usage, to compile reports on the Websites activities, and to provide additional services connected with the Websites. We will not identify you to Google, and will not merge personal and non-personal information collected through this service. You can prevent the use of Google Analytics Cookies by adjusting the settings on your browser software, however, you may not be able to fully use all of the functions of the Websites if you do so.

In addition to Google Analytics, we may also use other third-party analytics tools including but not limited to Amplitude (an analytics service provided by Amplitude Inc.) to monitor, analyse and collect information about your use of the Websites.

For more information about our ad service provider and its cookies, including information about how to opt out of these technologies, you may visit http://optout.aboutads.info.  In addition, users may prevent Google’s collection of data generated by your use of the Websites (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

 

Protecting Personal Information

Afterpay will keep your Personal Information secure by taking reasonable steps to protect it from misuse, loss, and unauthorised access, use, modification, and disclosure.  Personal information is maintained on our servers or those of our service providers. 

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.    

We also review our security procedures periodically to consider appropriate new technology and updated methods.  Only properly authorised people who have a need to access Personal Information to perform their job will be able to see or use that information. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.

Accessing and requesting correction of Personal Information

We will strive to ensure that information about you is accurate when we collect or use it. Subject to some exceptions under privacy law, we will let you see the information we hold about you and correct it if it is inaccurate, incomplete or out-of-date. If we do not grant you access to your Personal Information or do not agree to correct your Personal Information we will tell you why.

If you wish to obtain access to and/or correct your Personal Information held by Afterpay, please contact Afterpay on:

Email: [email protected]    

Phone (Canada): 1-833-386-0210, Monday - Saturday, 7:00 a.m. - 7:00 p.m. (CST).

Mail: Afterpay Canada Limited, 222 Kearny Street, Suite 600, San Francisco, California,  United States of America 94108

We will retain your personal information for as long as is necessary for our legitimate business interests, for legal and compliance reasons, and for reasons explained this Policy. We will otherwise delete personal information where we no longer have a lawful purpose to do so. 

Subject to the terms set out in the Afterpay User Agreement, you can also close your Afterpay account through our Websites. If you close your Afterpay account, we may retain information from your account for a period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud or risk, enforce our User Agreement, or take other actions as required or permitted by law.

 

Resolving your concerns

If you have a complaint regarding Afterpay’s management of your Personal Information, or if you have any questions including with respect to the transfer of personal data across borders, please contact us in writing by email to us at:

Contact: Senior Manager, Privacy

[email protected]

Phone (Canada): 1-833-386-0210, Monday - Saturday, 7:00 a.m. - 7:00 p.m. (CST).

Mail: Afterpay Canada Limited, 222 Kearny Street, Suite 600, San Francisco, California,  United States of America 94108

Afterpay will provide written acknowledgement of your complaint within 7 days of receipt. We will investigate and advise you of the steps we have taken to resolve your complaint within 30 days of receipt of your complaint. 

Afterpay’s PCI DSS Policy, which applies in addition to the Privacy Policy, is available here.