Privacy Policy

1.   Warm Welcome from Upcoming

Welcome to Upcoming and thank you for visiting us!

This Privacy Policy will give you a better understanding of how we collect, use, disclose and store your personal information. Please read it carefully.

By accessing or using Upcoming or our services or creating an account on our platform, you agree to be bound by this Privacy Policy.

2.   Introduction

In this Privacy Policy, "our” "we” or "us” means Upcoming Pty Ltd (ACN 654 661 711) - the owner and operator of  Upcoming  and  its related bodies corporate.

We are committed   to protecting   your privacy through compliance   with the Privacy Act 1988 (CT) ("Privacy Act”), the Australian Privacy Principles ("APP”), the EU General Data Protection   Regulation ("GDPR”) and any other privacy laws applicable to our platform.

Where our platform contains links to third-party websites, these sites are not governed by this Policy. We are not responsible for their operation and their privacy practices, so we recommend that you read their privacy policies.

If you link your social media accounts from other third-party services to Upcoming, we may also get information from those accounts. The information we get from those   services depends   on your settings and their privacy policies, so please check what those are.

3.   Types of Data and Information We Collect

3.1 Personal Information

We access, collect, and hold your personal information to provide you with a personalised, insightful and rewarding experience.

‘Personal information’ when used in this Privacy Policy has the meaning given to it in the Privacy Act but it generally means any information that can be used to personally identify you.  When you sign up for or use Upcoming or our services, the type of personal information we may collect includes your name, date of birth, phone number, email, address, credit card details.

We do not directly collect your credit card details to process your payment or for customer service purposes.  Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies.  None of your credit card details are permanently stored with us.  However, we may collect your bank account details to process refunds.

3.2 Log Data

When you use our platform, our servers record information including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it ("Log Data”). This Log Data includes device identifiers, device type, geo-location information, connection information,  statistics  on page views, traffic to and from our platform, mobile network information,  time, date, referring URL, the type of operating  system  and browser,  ad data, IP address, server address, date and time of your visit to Upcoming,  information  of documents you download, pages visited, search  terms,  cookie information,  and standard web log data.

The Log Data may be processed for the purposes of operating our platform, providing our services, ensuring our security, maintaining back-ups of our databases and communicating with you.

3.3 Cookies and Other Similar Technologies

To capture Log Data, we may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-personal information about how you use Upcoming.

Cookies are files that store information on the device on which you are using or accessing our platform. Cookies also retain your details and preferences, so you can easily continue your browsing session upon return to our platform. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, although you may find that some parts of our platform will consequently have limited functionality and personalization if you do so. By using our platform, you agree to the use of these tracking technologies.

3.4 Third Party Analytics

Third-party analytics tools collect non-personal information such as how often you visit our platform, the web pages you visit, add-ons, and other analytics data that assists us in improving our services.  These tools might include Google Analytics, Google AdWords conversion tracking, Google Tag Manager, Klaviyo and Tiktok analytics tools or Facebook Ads conversion tracking. Third-party cookies may be placed on your computer by a service provider to us, for example, to help us understand how our platform is being used. Third-party cookies may also be placed on your device by our business partners to advertise the service to you elsewhere on the Internet. We reserve our rights to modify, add or remove any third-party analytics tools. By using our platform, you consent to the processing of any non-personal data these tools will collect in the way and for the purposes described above.

4.   Why We Collect Your Information

 We collect, store, use and disclose your personal information through lawful and fair means, so we can perform our business activities. In particular, we need your information for the following primary purposes:

·      provide you with our services;

·      operate, maintain and improve our services and our platform;

·      register, verify and maintain your user account and to provide account support services;

·      to contact and communicate with you;

·      to verify your identity

·      compliance with legal and contractual obligations;

·      internal record keeping, invoicing and billing; and

·      responding to and managing queries and complaints.

We may also collect, store, use and disclose your personal information for any purpose relating to the above purposes that could be reasonably anticipated at the time your information was collected, including:

·      for internal operations such as record keeping, database management, data analytics or training;

·      to deliver ads that are related to our products and services that are targeted and personalised to your interests, attributes, preferences and experiences on our platform or other websites, apps or online platforms;

·      to enable businesses to deliver ads which are related to their products and services which may be of interest to you;

·      Promoting our services to you or sending you marketing and promotional messages and other information that may be of interest to you; and

·      managing, researching and developing our products and services.

We may also use personal information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate to comply with applicable laws, regulations, government directions, and otherwise in order to protect our rights, privacy, safety, property, or those of other persons.

5.   If You Choose Not to Provide Your Information to Us

We respect your privacy and personal choice when it comes to your data. You can choose not to provide us with your personal information or use a pseudonym.  However, this may mean that we will not be able to provide you with our services or communicate with you.

6.   Other Ways We Collect, Use and Disclose Your Information

Use and disclosure of your information will only be made in accordance with APP 6.

6.1 Collection from Third Parties

To use your information in accordance with this Policy, we may also collect your personal information from third parties including service providers, credit reporting bodies, marketing companies, partners, and organizations with whom we have an agreement to share information for marketing purposes.

6.2 Disclosure of Personal Information

We take reasonable steps to ensure that personal information is only accessible by people who have a genuine "need to know" as well as "right to know".

If we disclose your personal information it will only be for the primary purpose for which it was collected or for a related secondary purpose where you would reasonably expect us disclose the information.  We may disclose personal information, and you consent to us disclosing your personal information, to our employees, affiliates, partners, contractors, service providers,  operators, sponsors, and any government and regulatory body. For the avoidance of doubt this may include:

·      Upcoming marketplace sellers, who supply and deliver the products or services you ordered through our platform;

·      payment processors, who process your payment on our platform;

·      logistics providers, such as courier, fulfilment or parcel-pickup services which will deliver your order to you, and parcel return partners;

·      business partners who separately maintain an account with you for loyalty or point redemption programs;

·      business partners or vendors in connection with the processing of any promotion, event or service organised by us;

·      our professional advisers, bankers and auditors;

·      agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your personal information; and

·      any other party whom you authorise us to disclose your personal information to.

Your personal information may be transferred overseas or stored overseas for a variety of reasons (such as to our data hosting and IT service providers based overseas).  We take measures to ensure your information is handled by providers who we consider maintain acceptable standards of data protection laws. By providing us with your information, you consent to your information being used, stored, and disclosed overseas, and acknowledge that the overseas entity may not be bound by the same level of laws and regulations as the Privacy Act.

6.3 Automated Individual Decision-Making

If you reside in the European Union or EFTA States, you shall have the right not to be subject to a decision based solely on automated processing, including profiling, as long as the decision is not necessary for entering into, or the performance of, a contract between us, or is not authorized by Union or Member State law to which we are subject, or is not based on your explicit consent. If you wish to exercise your rights, please contact us.

7.   Data Security

7.1 Destruction and De-identification

We destroy or permanently de-identify personal information which is no longer needed in accordance with the APP 11, unless we are otherwise required or authorized by law to retain the information for a period of time.

7.2 Data Quality and Security

We take reasonable precautions to ensure that the personal information we collect, use, store and disclose is accurate, complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information users provide. That's why we recommend that you keep us up-to- date with changes to your personal information such as your name or address.

While we try our best to ensure your personal information is protected from loss, misuse, unauthorized access, modification or disclosure (via measures such as firewalls, data encryption, virus detection methods, and password restricted access), we cannot guarantee the absolute security of your personal information (it’s the Internet after all!). In the event of a data breach, we will attend to the reporting requirements that apply to us. We cannot accept responsibility for the misuse, loss or unauthorized access to, your personal information where the security of information is not within our control.

7.3 Notifiable Data Breach Scheme (NDBS)

If you reside in Australia, in the event that there is a data breach and we are required to comply with the NDBS of the Privacy Act, we will take all reasonable steps to contain the suspected or known breach where possible and follow the process set out in this clause.

If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible.  We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.  If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made.

In the case of a personal information breach that affects an EU citizen, we shall without undue delay and where feasible, not later than 72 hours after having become aware of the breach, notify you and the Information Commissioner’s Office, unless the breach is unlikely to result in a risk to your right and privacy.

8.   Choices You Have About Your Information

You may contact us or update your account or settings to correct, delete or update your personal information. We may, if in accordance with applicable laws, refuse to provide you with access to your personal information if, for instance, granting you such access would have a negative impact on the privacy of another person.

You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws. If you opt out of receiving marketing messages from us, we may still send you newsletters and updates about your account.  We only send you marketing material if you've agreed to it, but if you'd rather we don't, you can easily unsubscribe at any time.

You may have your information, where technically feasible, sent to another organization, where we hold this information with your consent or for the performance of a contract with you.

We will not normally charge a fee for processing a request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee.

You may delete your account by logging in to your user account on the Website and clicking the "Remove Account” button.  We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent.  Once the processing is complete, we will no longer collect, use and/or disclose your personal information that was linked to your account, except to the extent we retain your personal information for fraud, product recall, compliance, regulatory or other legal purposes.

9.   Assignment, Change of Control and Transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

10. Changes to Our Policy

We may change this Policy from time to time and if we do, we’ll post any changes on this page. It is your responsibility to review the Policy regularly and make sure you are up to date with any changes.  If you continue to use our platform after those changes   are in effect, you agree to the new Policy. If the changes   are significant, we may provide a more prominent notice or get your consent, as required by law.

11. Contact Us

If you have any questions or complaints about this Privacy Policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact us here:

Upcoming Pty Ltd ACN 654 661 711

Address:  Level 2, 58 Lorimer St 3186 Victoria Australia

Email: contact@upcoming.store

If you wish to raise a concern about our use of your information you have the right to do so with your local supervisory authority. For more information about privacy issues in Australia and protecting your privacy, please visit the website of the Office of the Australian information Commissioner at www.oaic.gov.au. 

© Upcoming Pty Ltd  ALL RIGHTS RESERVED.

This Privacy Policy was last updated on 31 Oct 2023.