- when you visit this website or contact us directly about becoming a customer or obtaining other information,
- when you become an Attaquer customer,
- when you sign up for our mailing list, either at the time of purchase or through forms on this website,
- when you are a service provider to Attaquer.
Whose information does Attaquer collect?
Attaquer collects information from three types of individuals: Our customers are individuals and businesses who have placed an order or signed up for an Attaquer account. End users are individuals that use goods and services provided by Attaquer. If you interact with Attaquer in the course of seeking customer service for a particular product or service, you are probably an end user. We process "End User Data" which means information which includes but is not limited to, the first name, last name, phone number and email address of an end user. Personnel are the people who work, and apply to work, for Attaquer.
What information does Attaquer collect?Depending on your use of the Attaquer website, or direct interactions with us, we collect two types of information: personal information and non-personal information.
Personal information identifies you or may be used in combination with other pieces of personal information to identify you. Examples of personal information include your name, company name, job title, address, e-mail address, telephone number, and billing and credit card information. Personal information can also include information that does not identify you, but could be combined with other information in a way that enables you to be identified. This includes information such as age, gender, profession, post/zip code, IP address, and current location.
Non-personal information is information that cannot be used or combined with other information to identify or contact you, including browser types, domain names, and statistical data involving the use of the Attaquer website.
When does Attaquer use end user information from third parties?
Attaquer will collect End User Data necessary to provide Attaquer goods and services to our customers. End users may voluntarily provide us with information they have made available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.
When does Attaquer use customer information from third parties?
We occasionally collect information that is made publicly available on social media websites. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.
Where and when is information collected from customers and end users?
Attaquer will collect personal information that you submit to us. We may also receive personal information about you from third parties as described above.
Registering to order Attaquer products and in the Course of Using Attaquer’s services.
Customers will be required to establish an account in order to take advantage of certain features of the Attaquer website. If you wish to establish an account you will be required to provide us with information (including personal information and non-personal information). In addition, we may obtain your personal information from you if you identify yourself to us by sending us an e-mail with questions or comments.
Does Attaquer collect information from children under 16 years of age?
We are committed to protecting the privacy of children. Attaquer products and services are not designed for or directed to children under the age of 16. We do not collect personal information from any person we actually know is under the age of 16.
What does Attaquer do with the information it collects from customers?
In general, we use the information collected to provide you with a great overall experience interacting with us and when using the Attaquer website and to help us understand who uses our offerings, for internal operations such as operating and improving the Attaquer website and our products and services, to contact you for customer service and billing purposes and to facilitate the delivery of Attaquer advertising in some cases, including using your email to send information to you about our products and services.
We use your information to send you a welcome e-mail after you create an account or place an order, to send you information about your order, or when you sign up to receive our newsletters. We also use your information to send other e-mail communication related to the Attaquer website. We always give you the option to unsubscribe in any email we send you.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personal information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information gathered to perform statistical analysis of user behaviour or to evaluate and improve Attaquer’s products and services. We may link some of this information to personal information for internal purposes or to improve your experience with the Attaquer website and our services, in these cases we will obtain your consent.
What does Attaquer do with the information it collects from end users?
We use End User Data to identify you and to provide you with customer service.
Third Parties Generally
Third parties may be able to independently directly collect personal and non-personal information without permission from Attaquer, and may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.
Outside Contractors and Third-Party Processors
Laws and Legal Rights
We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Attaquer Terms of Service, to detect fraud, or to protect the safety and/or security of our users, the Attaquer website, or the general public. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Sale of Business
When does Attaquer disclose information to other third parties?
Is the information collected through the Attaquer website secure?
We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorised access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.
Attaquer, via its sub-processor, Shopify, maintains ongoing Level 1 PCI compliance, adhering to stringent industry standards for storing, processing and transmitting credit card information online.
Could my information be transferred to other countries?
Attaquer is registered as a company in Australia. Information collected via our website, through direct interactions with you, or from use of our help desk services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.
What choices do I have regarding the collection, disclosure and distribution of personal information?
Do Not Track
The term "Do Not Track" refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.
Can I update or correct my information?
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable. If you are an end user and wish to update, delete, or receive any information we have about you, you may do so by contacting the organization of which you are a customer.
Who can I contact if I have any privacy questions?
- By email (email@example.com), or
- By postal mail or courier: Attn: Attaquer, PO Box 408, Alexandria, NSW, 1435
2. The site editor’s service
This web site and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor’s copyright agent may be contacted via:
14. Applicable law
15. Miscellaneous information
Data Processing Amendment
Introduction to this Amendment
Processing personal data in a secure, fair, and transparent way is extremely important to us at Attaquer. As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (“GDPR”), the EU/US Privacy Shield principles (“Privacy Shield”), the laws of Australia governing the handling of various types of personal data, and industry standards, such as PCI.
If you do not agree to this DPA, you may discontinue the use of the Attaquer’s services and cancel your account (if you have created one).
It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.
“Attaquer”, “we”, “us”, or “our” refers to the provider of the Attaquer website, products and services. “You” or “Customer” refers to the individual, company or organisation that uses the Attaquer website, orders Attaquer products, signs up for an account on the Attaquer website or to our mailing lists.
“Party” refers to Attaquer and/or the customer depending on the context.
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.
“Data Subjects” refers to those individuals residing in the EU who are consumers or users of Attaquer’s goods or services (also “consumers”), as well as any personnel who reside in the EU.
“Personal Data” is given the same meaning as in the GDPR which we summarise here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymised, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarise as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Controller” is given the same meaning as in the GDPR, which we summarise as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
“Processor” is the party that processes personal data on behalf of the controller – Attaquer is the processor of the personal data we process about you.
“Sub-processor” is a Third-party, independent contractors, vendors and suppliers who provide specific services and products related to the Attaquer website and our services, such as hosting, credit card processing and fraud screening, and mailing list hosting ("third-party" or "outside contractor" shall have similar meanings).
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
For the sake of readability, we do not use initial capitalisation of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.
1. Undertakings regarding personal data
Each party agrees that personal data shall be treated as confidential information under this DPA. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
Personal Data shall remain the property of the disclosing party. Attaquer acknowledges that it is the controller and maintains control over data subject’s personal data.
Attaquer will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services in accordance with the ToS and any further written instructions from the customer that are mutually agreed upon in writing. Attaquer agrees that:
- it will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organisational measures to protect against unauthorised, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
- it will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on Attaquer’s behalf unless the third party is bound to similar confidentiality and data handling provisions;
- only its personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform its obligations under the ToS. It shall provide adequate training to its staff and ensure that they comply with the obligations in this DPA; and
- it will only process customer personal data to the extent necessary to perform its obligations under the ToS, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws. Upon termination of your account Attaquer will delete, destroy, or anonymise the personal data in accordance with our standard backup and retention policy per the ToS, normally, no later than 60 days, unless we are required to retain personal data due to Australian State or Federal laws; in which case Attaquer reserves the right to retain personal data.
The parties acknowledge that customer may from time to time be in possession of personal data relating to Attaquer’s personnel. Attaquer warrants that it has provided all necessary notifications and obtained all necessary consents, authorizations, approvals and/or agreements as required under any applicable law in order to enable: (i) the disclosure of Attaquer’s personal data to customer; and (ii) further processing of such Attaquer personal data by customer.
2. Customer undertakings and Attaquer’s assistance
Customer warrants that it has all necessary rights to provide to Attaquer the personal data for processing in connection with the provision of Attaquer’s services.
Attaquer shall assist the customer by implementing appropriate technical and organisational measures, insofar as this is reasonably and commercially possible (in Attaquer’s sole determination and discretion), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
3. Incident Management
When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
Both parties shall at all times have in place written procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other without undue delay of having become aware of such an incident.
Any notifications made under this section shall be made to firstname.lastname@example.org (when made to Attaquer) and to our point of contact with you (when made to the customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.
4. Liability and Indemnity
Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.
5. Duration and Termination
This DPA shall come into effect on May 25, 2018 and shall continue until it is changed or terminated in accordance with the ToU.
Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.
If your browser is configured to accept cookies, we may collect non-personally identifiable information passively using "cookies".
What's a cookie?
"Cookies" are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on Attaquer’s and other websites.
Do I have to accept them?
You do not have to accept cookies to use Attaquer’s websites. If you reject cookies, certain features or resources of Attaquer’s websites may not work properly or at all and you may have a degraded experience.
Although most browsers are initially set to accept cookies, you can change your browser settings to notify you when you receive a cookie or to reject cookies generally. To learn more about how to control privacy settings and cookie management, click the link for your browser below.
To learn more about cookies; how to control, disable or delete them, please visit http://www.aboutcookies.org. Some third party advertising networks, like Google, allow you to opt out of or customise preferences associated with your internet browsing. For more information on how Google lets you customise these preferences, see their documentation.
|Name of sub-processor||Services they provide|
|Shopify Inc||Transaction processing
|Stripe Inc||Transaction processing|
|The Rocket Science Group (MailChimp)||Marketing automation|
|Google LLC||Business analytics|
|Help Scout||Customer service|
|Eastside Co||Back-in-stock notifications|
|Anafore Pte. Ltd (Referral Candy)||Customer referral program|
|Zapier Inc||Process automation|