Hi there, we’re Bitboxy Pty Ltd (ABN 11 119 159 741) of PO Box 16122 Collins Street West, Victoria 8007 Australia and welcome to our privacy policy. This policy sets out how we handle your personal information if you’re an Bitboxy user or visitor to our Sites. It applies across all our sites, including Bitboxy Elements, Bitboxy Market, Bitboxy Studio, Bitboxy Sites, Bitboxy Tuts+ and Placeit (the “Sites”) and our products, features, services, software applications, programs, add-ons, extensions, plug-ins, and other technologies we may develop or use from time to time (the “Products”). This policy applies to us and our affiliates, including Bitboxy Elements Pty Ltd, Bitboxy Sites Pty Ltd, Bitboxy Placeit Pty Ltd and Sonley Bell Mexico S.A. de C.V. (“Bitboxy”).
All Bitboxy employees, agents and contractors are responsible for protecting personal information collected and processed by Bitboxy. It is the responsibility of all Bitboxy employees, agents and contractors to assist in the protection of personal information by acting in accordance with this policy.
When we say ‘we’, ‘us’ or ‘Bitboxy’ it’s because that’s who we are and we own and run the Sites and/or Products.
If you are in a country whose privacy laws use the concept of data controller and processor, for example in the European Economic Area (“EEA”), United Kingdom (“UK”), or Mexico, then:
we are the ‘data controller’ of personal information related to your account, and to the delivery of our services and subscriptions to you;
please be aware that PayPal acts as an independent data controller in the context of processing your personal information where we use PayPal Braintree to facilitate and process transactions from our Sites and/or Products.
If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about the rules for using each of the Sites and/or Products. The rules vary by product and each product makes them separately available and seeks consent to them separately from this policy.
The type of personal information we collect
We collect certain personal information about visitors and users of our Sites and/or Products.
The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments (if applicable), content you direct us to make available on our Sites and/or Products (such as item descriptions and other information you choose to make available on your profile) and, your actions on our Sites and/or Products (including any selections or inputs into items, or text or image prompts) and web and email analytics data. We will also collect personal information from job applications (such as your CV, the application form itself, cover letter and interview notes) and from correspondence between you and us when you contact us.
We also collect information about your device and your interactions with our Sites using cookies, web beacons and similar technologies. For more information on the types of information we collect automatically, please read the section on cookies below
How we collect personal information
We collect personal information:
directly when you provide it to us. For example, when you complete forms such as free trials, membership, email list, subscription or competition registrations, when you submit feedback or send us any other type of communication, or when you make transactions such as buying or providing services on our Sites or Products;
automatically as you navigate through the Sites and/or Products;
indirectly through other businesses that provide services associated with the Sites and/or Products, when you use those services, explained in further detail at paragraph 11.
As the operator of digital content marketplaces and subscription services, we have a legitimate interest in verifying the identity of our authors. We believe that knowing who our authors are will strengthen the integrity of our marketplaces and subscription services by reducing fraud, making authors more accountable for their content and giving Bitboxy and customers the ability to enforce contracts for authors who break the rules. Bitboxy also has certain legal obligations that require us to know who our authors are in certain circumstances. In light of this, if you are an author we will verify your identity, in particular, your name, full address and date of birth by asking you to show us a Photo ID document. The verification procedure is called Bitboxy Verify. Bitboxy Verify will be carried out by our service provider Jumio Corporation located at 395 Page Mill Road, Suite 150, Palo Alto, California, United States of America (“USA”). As part of Bitboxy Verify, you will be asked to take a selfie which will then be compared against your Photo ID document using facial recognition technology. We will use your Photo ID document and your selfie solely to carry out Bitboxy Verify and delete it after the completion of this process. If you are located in Australia, the EEA or the UK or Mexico, we will only process your biometric information or other sensitive personal information with your explicit consent.
Personal information we collect about you from others
Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular, this may include:
financial and/or transaction details from payment providers located in USA, UK, and Australia in order to process a transaction;
third party service providers (like Google and Facebook) who are located in various countries, including USA, UK, Mexico, Uruguay or Vietnam which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
other third party sources/and or partners from various countries, including Australia, USA, Mexico, Uruguay or Vietnam whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you. For example, fraud warnings from service providers like our identity verification service. We also receive information about you and your activities, experiences and interactions on and off the Sites and/or Products through partnerships with our partner ad networks. We also receive information about you as a rights holder from our third party authors. For example, information in the form of a model release when your image is used in an item made available on our Sites and/or Products; and
the Subscriber of the account, if you’re a member of a team, agency or other organisation that uses our Sites and/or Products.
How we use personal information
We will use your personal information:
to perform our contractual obligations towards you as you browse and use the Sites and/or Products in particular, by facilitating and processing transactions that take place on the Sites and/or Products, such as when you purchase an item from our marketplace or subscription service;
when it is necessary for purposes which are in our, or third parties’, legitimate interests. These interests include:
operating the Sites and/or Products;
providing the services described on the Sites and/or Products;
verifying your identity when you sign in to any of our Sites and/or Products;
responding to support tickets, and helping facilitate the resolution of any disputes;
updating you with operational news and information about our Sites and/or Products e.g. to notify you about changes to our Sites and/or Products, outages;
carrying out technical analysis to determine how to improve the Sites and/or Products we provide and to create new Sites and/or Products;
monitoring activity on the Sites and/or Products, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites and/or Products;
managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites and/or Products or asking for your feedback or whether you want to participate in a survey;
managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
training Bitboxy staff about how to best serve our user community;
improving existing and creating new products and services;
providing general administrative and performance functions and activities;
verifying your identity including by comparing a selfie taken by you against your Photo ID document using facial recognition technology (subject to your explicit consent if required by applicable law);
processing your job application to Bitboxy; and
using data analytics to measure the effectiveness of advertising and marketing of the Sites, and improve the optimization of our Sites and/or Products (including by way of data analytics tools);
subject to your consent (where required), and unless you have opted out of receiving marketing communications, providing you with marketing information about products and services which we feel may interest you. You can opt out of such communications by following the unsubscribe mechanism on any communication, or by otherwise contacting us as set out at the end of this policy;
subject to your consent (where required), customising our services and websites, like advertising that appears on the Sites in order to provide a more personalised experience;
for purposes which are required by law, or, where we have a legitimate interest, to respond to and/or defend ourselves against complaints, disputes or legal claims;
for the purpose of responding to requests by government, a court of law, or law enforcement authorities; or
where we require your personal information to comply with legal or contractual obligations.
If we can’t collect and use data for these purposes, then we may not be able to manage our contractual relationship with you, provide you with the Sites and/or Products, or meet legal obligations placed on us. In all other cases, provision of requested personal information is optional.
When we disclose your personal information
We will disclose personal information to the following recipients:
companies that are in the Bitboxy group, including but not limited to those which are located in Australia, Mexico, USA, New Zealand, Israel and Uruguay;
if applicable, authors of any items or services made available to you, so they can facilitate support and license validation, who may be located in any of the countries our products are available in;
the Subscriber of the account, if you’re a member of a team, agency or other organisation that uses our Sites and/or Products;
If applicable, anyone who uses assets that you have made available through our Sites and/or Products;
subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers which are located in Australia, USA and Ireland; technical and customer support services which are located in Australia, Canada, Germany, Italy, Latvia, Philippines, Poland, Mexico, Romania, Spain, Sweden, Switzerland, UK, United Arab Emirates, USA, Uruguay, and Vietnam; recruitment agencies which are located in Australia, USA and Mexico; marketing and analytics services which are located in USA, Singapore and Israel; security and fraud prevention services which are located in USA; subscription management services which are located in USA; payment processing services which are located in USA, UK and Australia; identification verification services located in the UK; and operational tooling services which are located in USA. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations;
our professional advisers (lawyers, accountants, financial advisers etc.) which are located in various countries, including in Australia, Ireland, Mexico, UK, USA, Uruguay and Israel;
regulators and government authorities in connection with our compliance procedures and obligations;
a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
other recipients where we are authorised or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.
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