Privacy Policy

What does this policy cover

Welcome to SKUTOPIA, the software platform and physical order fulfilment service of Bader Investments Pty Ltd ABN 47 626 106 492, trading as SKUTOPIA, (“SKUTOPIA,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. “Personal Information” has the meanings given in the Privacy Act 1988 (Cth), and also include any similar terms as defined in any other privacy law applicable to you. Capitalised terms that are not defined in this Privacy Policy have the meaning given to them in our Terms and Conditions.

If you do not want your information processed in accordance with this Privacy Policy in general or any part of it, you should not use our online or mobile services. This policy applies to all Authorised Users of the Service.

Summary: This policy sets out how SKUTOPIA collects and uses the information that we collect about you when you use the SKUTOPIA platform and services (Service). This policy also explains the choices that you can make about the way that we use your information.

1. Information we collect and its use

We collect the following types of information about you:

(a) Information you provide us directly

We may ask for certain information when you register for a SKUTOPIA account or correspond with us (such as a username, your first and last names, birthdate, phone number, business name/ employer name, profession and e-mail address).

We also collect any messages you send us through the Service, and may collect information you provide via authorised third party platforms, such as but not limited to Shopify, for example. We use this information to operate, maintain, and provide the features and functionality of the Service to you, to correspond with you, and to address any issues you raise about the Service.

If you don’t provide your Personal Information to us, you may not be able to access or use our Service or your experience of using our Service may not be as enjoyable.

Summary: If you give us info about you, we will keep it and use it to provide our Service and make our service better.

(b) Information we receive from third parties

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the SKUTOPIA application, linking your account to the SKUTOPIA Service, etc., that third party may pass certain information about your use of its service to SKUTOPIA. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. 

You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the SKUTOPIA Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service. 

Summary: When you use our Service, third parties (such as Shopify, Google, and Facebook) might give us some info about you, especially if you are signed into a third party account while using our Service. 

(c) Information we collect from you automatically

We will directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. 

These tools collect information sent by your browser or mobile device, including the pages you visit and other information (in respect of which, please see the paragraph on Cookies information below) that assists us in improving the Service. 

Summary: To help us improve our Service we keep info about how you use our Service.

(d) Cookies information and information taken from similar technologies

When you visit the Service, we (and our third-party partners) will send cookies — small text files containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets SKUTOPIA do things like help you log in faster, enhance your navigation through the site, remembering your preferences and generally improve the Authorised User’s experience. 

Cookies also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time. 

You can control or reset your cookies and similar technologies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. 

Summary: We will send cookies (the digital kind, not the choc-chip kind) to your web browser to help you use SKUTOPIA and for other business purposes.

(e) Log file information

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Summary: Whenever you load a page from SKUTOPIA, your browser sends us info about itself and your interactions with our Service. That info gets stored on our servers.

(f) Clear gifs/web beacons information

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Authorised Users. In addition, we may also use clear GIFs in HTML-based emails sent to our Authorised Users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.

Summary: We might do clever stuff with images in order to check how many people open our emails and visit our site.

(g) Device identifiers

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. 

A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by SKUTOPIA. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. Device Identifiers used by SKUTOPIA include the Android Advertising ID and iOS Advertising Identifier.

Summary: In order to track how different people are using our Service we might store a unique ID on your mobile that helps us do that.

(h) Location data

SKUTOPIA collects information in order to understand where its Authorised Users are located for a number of reasons. It helps SKUTOPIA to localise and personalise content, undertake aggregated analytics, and improve operational efficiency.

SKUTOPIA may collect your precise or approximate location:

  • from you, when you explicitly provide, correct or confirm your location ( e.g. when you purchase products from us or book delivery services via our Service);
  • by inferring your location from your IP address; and
  • from our partners or your payment provider.

Summary: SKUTOPIA may collect and use your location data for personalisation, analytics, and operational improvement purposes.

2. How we use your information

We use the information we collect about you for the purposes set out above which we have described in more detail below:

  • Providing you with the Service: We use the information that you provide us to provide the Service to you. This includes allowing you to log in to SKUTOPIA, operating and maintaining the Service, and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.
  • For data analytics: We use information about you to help us improve the SKUTOPIA Service and our Authorised Users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.
  • For data labelling and machine learning to improve our services: we use content and media in your Account (such as images) to train our machine learning models to apply machine learning to new unseen media and improve our Service. This could include: components (ie product, background, carton, logo); labelling raw individual data (ie “red t-shirt size large”); and detecting content prohibited by our terms of use for moderation and security purposes (i.e. pornographic or illicit items).

This improves our service to Authorised Users by for example:

  • Optimise the Service for you: we use information you provide us and information about you to make sure order fulfilment and same day delivery services are performed optimally.
  • To communicate with you about the Service: We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts or administrative matters.
  • To promote and drive engagement with the SKUTOPIA Service: We use your contact information to get in touch with you about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of getting these communications as described below.
  • Customer Success: We use information about you, information that you provide to our Customer Success team, and information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can improve the Service for all SKUTOPIA Authorised Users.
  • For security measures: We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Terms of Service.
  • For matters that you have specifically consent to: From time to time SKUTOPIA may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.
  • For matters that we are required to use your information by law: SKUTOPIA will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms and Conditions or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of SKUTOPIA, our Authorised Users or others.

Summary: These are the reasons that SKUTOPIA needs to use information about you.

3. Sharing your information

We will not share your information with third parties outside SKUTOPIA and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this section.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

(a) Who we share your information with

We share your information with third-party service providers for the purpose of providing the Service to you that is useful and safe and to facilitate SKUTOPIA’s legitimate interests. Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that SKUTOPIA has engaged the service provider, and we will require that such third parties comply with this Privacy Policy, appropriate data processing terms and any applicable laws.

Some of the third parties that SKUTOPIA may share your Personal Information with include providers who assist SKUTOPIA with functions such as:

  • Billing;
  • Customer support and customer management;
  • Email services;
  • Hosting and storage;
  • Analytics;
  • Data labelling and machine learning;
  • Security;
  • Advertising and marketing services;
  • Delivery of physical products; and
  • Other authorised service providers.

Summary: We might share some information about you with our business partners and third party service providers, but only as necessary to provide the service to you or to fulfil SKUTOPIA’s legitimate business interests.

(b) Sharing with other third parties

SKUTOPIA will also share your information with third parties in certain circumstances, such as where:

  • we are required to do so as a result of a court order, subpoena or other legal requirement;
  • we believe that it is necessary to protect you or SKUTOPIA or other people from harm, such as where we consider that there is a need to investigate or warn of potentially fraudulent, malicious or criminal activity or remove malicious content. For example, this may involve sharing details of an account or website engaged in phishing or a breach of our Terms and Conditions with take down services, intelligence sharing services, and law enforcement bodies;
  • you have consented to our sharing it with a third party for a particular purpose.

You or your account administrator may also choose to work with third party applications from within SKUTOPIA. For example, you may install a third-party inventory management app to gain more visibility into your stock levels across multiple storage locations.

Integrating with third party applications could involve importing data from that third party to SKUTOPIA and/or exporting data from SKUTOPIA to that third party. If this requires connecting your SKUTOPIA account to your account on the third party application, you will be asked for permission. These third-party apps are not controlled by us, and this privacy policy does not cover how third-party apps use your information. You should review the terms and conditions of any third party apps before connecting them to the Service. If you object to information about you being shared with these third parties, do not install the app.

(c) Sale of our business

SKUTOPIA will also share your information with a third party in circumstances where we sell, divest or transfer SKUTOPIA (including any shares in SKUTOPIA), or any combination of its products, services, assets and/or businesses to a third party.

Information such as customer names and email addresses and other Authorised User information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We will also sell, assign or otherwise transfer such information in the event of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, similar transactions or proceedings involving all or a portion of SKUTOPIA. You will be notified via email and/or a prominent notice on the Service if such a transaction takes place and be given notice of any material changes to the way we handle your data under this policy.

Summary: If we sell our business, any of the info which we’ve acquired about you may be part of the sale and you will be notified of this.

4. How we transfer, store and protect your data

Your information collected through the Service will be stored and processed in Australia, the United States, and any other country in which SKUTOPIA or its subsidiaries, affiliates or service providers maintain facilities. 

SKUTOPIA transfers information that we collect about you, including Personal Information, to affiliated entities, and to other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take appropriate steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws. Where required under applicable laws, you consent to the transfer of information to Australia or any other country in which SKUTOPIA or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Summary: To run our Service we use secure information networks, servers and computers all over the world. This means your information might be transferred to the US, Australia, and anywhere else the Service is operated.

5. Keeping your information safe

SKUTOPIA cares about the privacy and security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. This includes encrypting your information at rest and in transit, and saving your information in a secure operating environment which is only accessible by authorised staff.

SKUTOPIA also takes reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from SKUTOPIA, at all times. However, SKUTOPIA cannot ensure or warrant the security of any information you transmit to SKUTOPIA or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the SKUTOPIA Service. SKUTOPIA is not responsible for the functionality or security measures of any third party.

Summary: We care about the safety of your data and have implemented industry recognised measures to protect it and continuously update our practices and security protocols.

6. Compromise of information

If we believe that any your information is compromised as a result of a breach of security, SKUTOPIA will (in accordance with applicable laws and regulations):

  • Promptly notify you of this by telephone or email;
  • Take reasonable steps to investigate the situation;
  • Take reasonable other steps in accordance with our Security Incidents policy in our Terms and Conditions.

Summary: If there is a breach of our security we will investigate it and let you know.

7. Your choices about your information

(a) You control your account information and settings

You may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests.

You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices) although you can object to us providing these emails by emailing privacy@skutopia.com.au.

If you have any questions about reviewing or modifying your account information, you can contact us directly at privacy@skutopia.com.au.

(b) Opting out of collection of your information

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. 

Note that disabling cookies and/or other tracking tools prevents SKUTOPIA or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by SKUTOPIA, including via third parties’ websites. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, please read our Cookies policy (above) or you can contact us directly at privacy@skutopia.com.au

(c) Rights in respect of your Information

The laws of some countries grant particular rights in respect of Personal Information. In certain circumstances, users in the EEA have the right to:

  • Request a copy of your information;
  • Request that we correct inaccuracies relating to your information;
  • Request that your information be deleted or that we restrict access to it;
  • Request a structured electronic version of your information; and
  • Object to our use of your information.

Should you wish to make a request in respect of your Personal Information please contact us at privacy@skutopia.com.au. You also have the right to object to our processing of personal data about you in order to send you marketing and we will stop processing data for that purpose.

In some circumstances SKUTOPIA will not be able to comply with a request that you make in respect of your personal data. If we are unable to remove any of your information, we will let you know why. For example, we may not be able to provide a copy of your information where it infringes on the rights of another Authorised User. 

If we are unable to resolve your request, or if you are concerned about a potential violation, you also have the option to report the issue or make a complaint to the data protection authority in your jurisdiction. Where you have provided your consent to certain processing and no longer want us to use your information for that purpose, you may withdraw your consent to this use, although this will not affect the lawfulness of processing based on consent before its withdrawal. 

(d) Cross-border transfers of information

By signing up, you’ve consented to SKUTOPIA (an entity in Australia) receiving your personal data. For SKUTOPIA Authorised Users in the EEA and UK, where we may transfer your information to a third party provider that is not located in the Europe, and is not in a country that benefits from an adequacy decision by the European Commission, we will require those third party providers to enter into an agreement that provides appropriate safeguards for your information, including by using the EU Model Clauses.

Summary: If you are located in the EEA, in certain circumstances you have a right to request a copy of your information, object to your use of information and a right to request that your information be deleted or that we restrict access to it. We may transfer your information outside of Europe subject to appropriate safeguards.

8. How long we keep your information

Following the termination or deactivation of your Account, SKUTOPIA will take reasonable steps to destroy or de-identify all of your Personal Information.

Summary: We will delete or de-identify your Personal Information when we no longer need it, such as if you terminate your account.

9. Links to other websites and services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you acknowledge that we are not responsible for and we do not exercise control over any third-parties that you authorise to access your Account content. If you are using a third-party website or service and you allow such a third-party access to your Account content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

Summary: The Internet. It’s made of links. If we post a link to a third party website on SKUTOPIA, we can’t control what happens on the other end. The same goes if you let another site use your data on SKUTOPIA; the use of your information will be governed by the Privacy Policy of the third party.

10. Additional information for users in Europe

This section of the policy applies to SKUTOPIA Authorised Users that are located in the European Economic Area (EEA), Switzerland or the United Kingdom (UK). SKUTOPIA processes your personal data in accordance with European laws and regulations, such as the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation (UK GDPR). The GDPR governs how SKUTOPIA may process your information, and the rights that EEA Authorised Users have in relation to it.

(a) Controller’s details

For the purposes of the GDPR and UK GDPR, SKUTOPIA is the data controller with registered address at A1, 35-39 Bourke Rd, Alexandria, NSW, Australia 2015.

(b) Legal bases for processing information

If you are located in the EEA, Switzerland or UK, we need a lawful basis to collect, use and disclose your personal data as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed.

Generally, SKUTOPIA will collect and use your information as follows:

  • Contractual necessity: We need it to provide the Service to you and fulfil our obligations to you under our Terms and Conditions. For example, this includes creating and maintaining your account, or resolving issues you may experience with the Service.
  • Legitimate interests: Our legitimate interests include providing a useful and customised Service, obtaining payment for our Service (if applicable), sending you relevant marketing messages, using information we collect about you so that we can make more informed predictions, decisions and offers for our Authorised Users, and enhancing our Service via research and development, data analytics, data labelling, machine learning and predictive analytics. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.
  • Consent: You consent to us or have a reasonable expectation of us using your information in a certain way – for example, to hear about new features or offers.
  • Legal obligations: It is necessary for compliance with our legal obligations – for example, to disclose your information in response to law enforcement requests and to retain your information for our record keeping purposes.

Withdrawing Consent

If you have consented to our use of your information you can withdraw that consent at any time. Depending on the situation you can withdraw your consent by emailing privacy@skutopia.com.au.

Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it is not possible for you to continue using the Services.

If you are in the EEA, data subject request forms can be accessed at https://edpo.com/gdpr-data-request/.

If you are in the UK, data subject request forms can be accessed at https://edpo.com/uk-gdpr-data-request/.

If you have any queries about our Privacy Policy, data subjects may also contact us at privacy@skutopia.com.au or by post at:

SKUTOPIA
Attn: Privacy Officer
A1, 35-39 Bourke Rd
Alexandria, NSW 2015
Australia

Summary: If you are accessing our Service from Europe, we process your personal data: (i) where this is necessary to provide the Service to you; (ii) where it is in our legitimate interests; (iii) where you consent; or (iv) where it is necessary for compliance with our legal obligations.

11. Additional information for users in California and Virginia

Californian Authorised Users of SKUTOPIA have additional rights afforded to them under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA, effective 1 January 2023).

Virginian Authorised Users of SKUTOPIA also have additional rights afforded to them under the Virginia Consumer Data Protection Act (VCDPA, effective 1 January 2023).

The CCPA, CPRA and VCDPA give resident Authorised Users various rights with respect to the Personal Information we collect, including the right to (subject to certain limitations):

  • Request to access the Personal Information SKUTOPIA has about you; and
  • Request that SKUTOPIA delete all of your Personal Information.

SKUTOPIA does not “sell” (as defined in the CCPA) the Personal Information of SKUTOPIA Authorised Users.

For more details about the Personal Information SKUTOPIA has collected in the past year, please see section 1 “Information we collect and its use”. For details on how we use that information, and who we share it with, please see section 2 “How we use your information” and section 3 “Sharing your information”.

Making a request in relation to your Personal Information

California and Virginia Authorised Users may make a request by contacting us at privacy@skutopia.com.au. We will authenticate your request using the email address associated with your SKUTOPIA account and if necessary, proof of residency.

Summary: These US State laws give resident users certain rights with respect to their Personal Information.

12. Changes to this Policy

We may update this policy from time to time to reflect our current practice and ensure compliance with applicable laws. When we post changes to this policy, we will revise the “Last Updated” date at the top of this policy. If we make any material changes to the way we collect, use, store and/or share your Personal Information, we will notify you with a notice on our website and/by sending an email to the email address associated with your SKUTOPIA account. We recommend that you check this page from time to time to inform yourself of any changes.

Summary: We won’t make any major changes to our Privacy Policy without giving notice – but it’s still a good idea to visit this page every now and then.

13. How to contact us

If you have any questions about this Privacy Policy or the Service, or wish to make a complaint please contact us at:

Email: privacy@skutopia.com.au

Post:
SKUTOPIA
Attn: Privacy Officer
A1, 35-39 Bourke Rd
Alexandria, NSW 2015
Australia

Summary: Your privacy is important to us and we are happy to answer any questions you may have.

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