Privacy Policy

Last updated: 15 August 2023

‍1. Who we are
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a) S2Search Australia Pty Ltd (ACN 660 091 974) (Marqo, we, our, us) provides an open-source tensor search framework that powers end user search, information retrieval and machine learning applications. Our Privacy Policy explains how we collect, use, store and disclose personal information about you. Marqo is bound by the Australian Privacy Principles (APPs) incorporated into the Privacy Act 1988 (Cth).
b) At Marqo we are committed to maintaining and protecting your privacy. This Privacy Policy comes into effect when you sign up to join Marqo Cloud, or if earlier, when you use any of our products and services or interact with Marqo. If you have any questions or concerns, please contact us by writing to the following address: support@marqo.ai. 

2. What is personal information? 
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a) Personal information is any information or an opinion about an individual, or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information irrespective of whether it is true. 

Sensitive information 
a) Sensitive information is a type of personal information which includes information or an opinion about an individual’s race, political or religious beliefs, sexual orientation, criminal convictions, membership with trade unions or associations and health or genetic information. 
b) We will not collect your sensitive information. 

3. What personal information do we collect and hold? 
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‍We may collect and hold the following types of personal information:
a) Identity: name, company you work for and occupation.
b) Contact details: email address, home or business address and phone number(s).
c) Payment information: collected by and stored on Stripe (see also section 4(b) and 5(c) below)
d) Information about how you use our website, systems and applications: this is retrieved from your history of purchases, use of our products and services and details of enquiries or complaints that you make. Log files are collected including your internet protocol (IP) address, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks (these are not personally identifiable). We may also use ‘cookies’ to store information including your preferences and the pages on the website that you have accessed or visited.  You may refuse cookies by selecting the appropriate settings on your browser.
e) Service information: any information about you in relation to our products, services, promotions or marketing preferences. 

4. How do we collect your personal information?
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‍We may collect the above personal information in the following ways: 
a) You provide your personal information directly to us when you are creating an account with us, using our products or services or filling out a form or contacting us in respect of our products and services (for example, with a problem or query). 
b) From third parties and other sources like marketing mailing lists, regulators, our service providers (such as AWS, Stripe, Typeform, Mailchimp, HubSpot), publicly available information (including posts made to social networking platforms) and commercially available personal, geographic and demographic information sources.
c) We collect it when you use our products and services, visit our website (including via cookies and other technologies), or use our systems and applications. 

We will take reasonable steps to communicate to you that your personal information is being collected at or around the time of collection. How we communicate to you will depend upon the circumstances of collection. However, some methods of communication could include (but not limited to) an announcement on our website, or an email to you. 

5. How do we store and hold personal information? 

‍We may store your personal information: 
a) in our computer systems, databases and in our physical files; 
b) secured servers and storage facilities that we own and operate ourselves located in controlled, access restricted environments;
c) at our service providers (such as AWS, Stripe, Typeform, Mailchimp, HubSpot) where the storage and security of personal information held by the service provider will be the responsibility of that service provider and subject to their applicable privacy policy and procedures; or  
d) in hard copy or electronic forms in storage facilities owned by our service providers (such as offsite document storage providers or electronic data storage providers). 

6. Why do we collect, hold, and use your personal information? 
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‍We collect, hold, and use your personal information for the various reasons listed below: 
a) To provide our products and services to you: to administer our products and services to you, including to process transactions with you, authenticate you when log in, provide customer support, and operate, maintain and improve our services. 
b) Administration and to communicate with you: we may use your personal information if we need to contact you to tell you something important for charging and billing purposes, to respond to your queries and complaints and to maintain and update our records.
c) Comply with law: to comply with any laws that apply to the product or service you have with us and to assist government and law enforcement agencies or regulators. 
d) For research and development: we are always looking for ways to make our product and service offerings smarter, safer and more useful for you. To do this, we may use your personal information (including your feedback on how you use our services) in order to identify trends and usage and to create new and helpful features.
e) Third party relationships: to manage the supply of goods and services with our third party suppliers. 
f) Marketing and analytics: to send you direct marketing communications and information about our products and services that may be of interest to you, mostly by email. We may also use your personal information to analyse usage of our products and services, improve our offers and to conduct advertising and promotions. You have a right to unsubscribe from any marketing communications from us.

7. Who do we share your personal information with and why?

‍For the purposes outlined above, we may disclose your personal information to: 
a) Financial institutions for the purposes of processing payments
b) Our contractors or any third party service providers (including external dispute resolution services, marketing, advertising and electronic mailing houses and information technology services, analytics organisations)
c) Our professional advisers (including legal, accounting firms, external auditors and other advisors) on a confidential basis 
d) Government, law enforcement agencies or regulators to comply with our legal obligations
e) Our current and prospective investors

8. Overseas disclosures 
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a) We may disclose your personal information to our contractors and service providers which are located outside Australia and in overseas jurisdictions such as UK, Europe, the United States and the Asia Pacific region. 
b) Where this is the case, we will ensure reasonable steps are taken to ensure the overseas recipients we disclose your personal information with are carefully chosen and we will safeguard your personal information as set out in this Privacy Policy. 

9. How do we safeguard your personal information? 
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a) The security and protection of your personal information is always a high priority for us. We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure. We use technologies and processes such as providing account IDs and passwords, network firewalls, virus scanning and encrypting data to protect against unauthorised access to your data and our systems. 
b) We will store your data only for the purpose in which we collected it and for as long as it is necessary. We will also take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected under this Policy or for any secondary purpose permitted under the APPs.
c) Our employees are required to comply with internal information security policies and must complete regular training to ensure they are aware of their obligations with respect to information security. They are required to maintain the confidentiality of any personal information held by us. 

10. Third party platforms websites   
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a) Our products, services and website may contain links to other sites which are controlled by third parties. Importantly, those third party websites are not required to comply with our privacy policy, so we are advising you to consult these other sites’ respective Privacy Policies. We do not accept any responsibility for their use of information about you. 

11. How can you access and correct your personal information?
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a) You may access or request correction of the personal information that we hold about you by contacting us. Our contact details are set out below. We may require you to verify your identity before processing such requests, to maintain the protection of the personal information we hold. 
b) There are some circumstances in which we are not required to give you access to your personal information as permitted by law. There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
c) If you request us to correct personal information that we hold about you, or we are satisfied that any personal information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take such steps (if any) as are reasonable in the circumstances to correct that personal information and to ensure it is up-to-date, complete and not misleading. 
d) We will use our best endeavours to respond to access and correction requests as soon as reasonably practicable. 

12. How can you make a privacy complaint? 
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a) If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.
b) We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
c) If you are not satisfied with the way in which we have handled a privacy issue or the decision we have come to after our investigation, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) for guidance on alternative courses of action which may be available.

13. Changes to this Policy 
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a) We may make changes to this Privacy Policy on how we handle personal information at any time (in good faith) with reasonable prior notice informing you of the changes (such as via email or an announcement on our website). This could also be in response to any changes to the legal or regulatory framework which applies to this policy. During the notice period, you may choose to cease using our products or services. After the notice period, the changes to our policy will be published on our website. If you continue to use our products or services after the applicable notice period, then your continued use is deemed to be an acceptance of the updated Privacy Policy.

14. Contact us 
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a) If you have any questions, requests or concerns in relation to our Privacy Policy, or in relation to our handling of your personal information, or you would like a copy of this Privacy Policy sent to you, please email us at support@marqo.ai.