Vision 6 Pty Ltd ABN 23 099 766 499 (together with its subsidiaries, “Vision6”, “us”, “we” or “our”) is a leading provider of email and digital marketing services. We refer to the products and services that are ordered by our customers (“Customers”) and provided by or on behalf of us to our Customers pursuant to the Terms & Conditions, as the “Services.”
Our Services help our Customers provide timely and relevant marketing and communications on a cross-media basis. Our Customers can upload contact lists and use our platform to reach their own customers and others through email and other channels. Personal data and other data submitted by or on behalf of a Customer in connection with the Services, including contact lists (which may include email addresses and other information for a Customer’s contacts) and content (including the content of a Customer’s campaigns) (collectively, “Customer Data”), belongs to and is controlled by our Customers. Vision6 acts as a service provider or processor to its Customers, including when we offer to Customers various Services through which our Customers (or their affiliates):
- sell or offer their own products and services;
- send electronic communications to their contacts through our Services; or
- otherwise collect, use, share or process personal data via our Services.
When acting in this capacity, we process Customer Data on behalf of our Customer, and we have no direct relationship with the end-users who use our Customers’ services or products or visit our Customers’ websites. Vision6 does not process Customer Data except as provided in our Terms and Conditions with our Customers.
Emails sent from the Vision6 platform include single pixel gifs, also known as web beacons, which contain unique identifiers that enable us and Customers to recognize when their contacts have opened an email or clicked certain links. These technologies record each contact’s email address, IP address, date, and time associated with each open and click for an email campaign. We use this data at our Customers’ direction to create reports for our Customers about how an email campaign performed and what actions their contacts took and to analyse, customise and enhance our Customers’ communications and strategies.
We are not responsible for the privacy or data security practices of our Customers, including with respect to the personal data they collect or upload to our Services. If you are an end user of one of our Customers whose personal data we process and you are seeking to exercise your data rights, you should contact our Customer directly.
Information Covered by this privacy policy
This privacy policy and our Cookie Policy collectively provide details about our practices relating to personal data collected from or about visitors to our websites, our Customers, and others who interact or engage with the Services (collectively, our “Users” or “you”). It describes how your personal data is collected, used and shared by us in the course of the provision of the Services and operating our website and our business.
This privacy policy only applies to our Users’ personal data. It does not apply to any of our Customers’ contacts’ personal data included in the Customer Data.
Personal data
The types of personal data or personal data we may collect about you include:
| Category and Personal Data Collected | Examples |
|---|---|
| Information and Identifiers About You | Name, address, phone number, email address, employer name, job title, or other similar identifiers; information you permit us to see when interacting with us, including through social media; comments and opinions you provide to us, such as when you post on message boards, blogs, or complete an online form or survey. |
| Commercial Information | Services purchased and information relating to your use of our Services. |
| Financial Information | Payment information, including credit card data that you provide to us (via our Services or otherwise) when you purchase Services. |
| Internet/Network Information | IP address, browser type and version, type of device you use, operating system version, device identifier, geographic location (such as country, state, latitude, and longitude), pages you view, how you arrived at our Services and any links you click on to leave our Services, when you update your information, communicate with us, or order new Services; metadata and user behavioural metrics about your use of our Services and emails we send to you (including clicks and opens); metadata about how your customers, contacts, and users interact with our websites; your interactions with any videos we offer; issues you encounter requiring our support or assistance. |
| Tracking Technologies | Cookies, web beacons, pixels, tags, scripts, and other similar technologies (“Tracking Technologies”). |
| Our Interactions with You | Information that you may provide during your telephone conversations with us, which we may monitor or record; other forms of communication such as email, short message services, and/or multi-media services (“Texts”); virtual chatbots and the third-party technology used to operate the chatbots. |
| Other | Other members of the Vision6 corporate family; our partners; third-party service providers and vendors; in connection with a sale, merger, acquisition, or corporate reorganisation; legal or regulatory authorities and other relevant third parties for legal reasons. |
Sources of Information:
We obtain the categories of personal data listed above from the following sources:
- Directly from you when you provide it to us, for example prior to or during any registration process, when you call or email us, or send us Texts (for support or otherwise) or when you use our Services, at trade shows, meetings, seminars, webinars, in surveys or at other events; or at other events;
- Automatically from your use of our websites, including your interactions with our chatbots and the third party technology used to operate the chatbots, or from your mobile device;
- From our business partners, service providers, and affiliates;
- From third parties whom you direct to share information with us;
- From your online browsing and usage activity; and
- From public sources, third party data providers, and third party social networking sites, including information that they provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form).
We also obtain information that is provided by you on our public forums. With your consent, we may also obtain and post testimonials or reviews for inclusion on our websites or elsewhere. Your posts may remain even after you suspend or cancel your account. Reviews and contributions to any of our public communities are considered public and non-confidential by us and are not treated as proprietary information or personal data covered by this privacy policy. To request removal of your personal data on our public forums or on the public portions of our websites, please send an email to support@vision6.com. In some cases, we may not be able to remove your personal data, in which case we will let you know if we are unable to do so and why.
Collection and use of personal data
We may collect, hold, use and disclose personal data for the following business and commercial purposes:
- To provide the requested Services to you;
- To enable you to access and use our Site, associated applications and associated social media platforms;
- To provide you with useful content;
- To ensure the proper functioning of the Services;
- To provide you with requested information or technical support;
- To facilitate your movement through our websites or your use of our Services;
- To diagnose problems with our servers or our Services;
- In connection with our security and compliance programs;
- To contact and communicate with you, which may include sending you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, Texts or push notifications, information about our Services, news or events) about us, our affiliates and partners;
- For internal record keeping and administrative purposes;
- For analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
- To run competitions and/or offer additional benefits to you;
- For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you (subject to your consent where required by applicable law);
- To comply with our legal obligations and resolve any disputes that we may have;
- To assist us in offering you a personalised experience or otherwise tailor our Services to you (for example, in order To provide you with specific resources applicable to your industry);
- In connection with sale, merger, acquisition or corporate reorganisation;
- To consider your employment application; and
- As otherwise described in this privacy policy and any additional policies linked or reference herein.
Disclosure of personal data to third parties
We may disclose personal data to:
- third party service providers for the purpose of enabling them to provide our Services, including (without limitation) our IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- sponsors or promoters of any competition we run;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or Services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia;
- third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia; and
- if you created an account with an email address assigned to you as an employee, contractor, or member of an organisation, we may provide that organisation with certain limited information about your account, including your email address or the organisation name you provided us with, upon the organisation’s request.
In addition, we may disclose your personal data as stated in additional policies linked or referenced herein and at your direction. If you are located in a jurisdiction where such disclosures require your permission, we will only do so with your consent.
Where we disclose your personal data to third parties, including data processors, we will request that the third party handle your personal data in accordance with this privacy policy and applicable privacy laws. The third party will only process your personal data in accordance with written instructions from us. When we refer to ‘processing’ in this clause and this privacy policy in general, we mean any operation or set of operations which is performed on personal data, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal data.
By providing us with personal data, you consent to the disclosure of your personal data to third parties that reside outside Australia and, if you are a European Union (EU) citizen, to third parties that reside outside the EU. Where the disclosure of your personal data is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
Sale and Sharing of Personal data
When you interact with our websites, we may use, or authorise third-party partners and service providers to use cookies, web beacons and similar technologies to improve your experience with us. The tracking technologies described in this privacy policy can collect personal data about you that can be used by us and our authorised third-party partners and service providers. Our sharing of your personal data in this way may constitute “selling”, “sharing”, or using for “targeted advertising” under applicable U.S. state privacy laws. The term “sale” is broadly defined by the California Consumer Privacy Act and includes sharing personal data for monetary or other valuable consideration.
To the extent this is considered “selling” or “sharing”, in the preceding 12 months, we have sold or shared the following categories of personal data for the purpose of showing you ads about Vision6 Services:
- Identifiers
- Internet or other similar network activity
Because our only potential “sale” or “share” of your personal data occurs as a result of the use of cookies, if you’d like to opt out of the sale of your personal data, please click Cookie Settings to update your cookie preferences. For more information, please refer to our Cookie Policy.
GDPR Obligations:
For purposes of the European Union’s General Data Protection Regulation 2016/679 (“GDPR”), Vision6 acts as the data controller of your personal data that you provide to us. However, we also process certain personal data of your customers or contacts in connection with our provision of services to you. In these cases, we process the personal data of your customers and contacts on your behalf. If we receive inquiries about processing personal data from your customers or contacts, we will direct such inquiries to you as the data controller of such personal data.
- Legal Basis for Processing Personal Data: Personal data can only be processed under the GDPR if there is at least one lawful basis to do so. We rely on the following legal grounds for Processing your information:
- Legitimate Interest:
1. Providing you with information about Vision6 Services, and offering and improving our Services.
2.Facilitating your movement through the Vision6 websites and applications and your use of our Services.
3. Providing you with requested information or technical, product and other support.
4. Measuring and understanding the effectiveness of the content we provide to you and others.
5. Diagnosing problems with our Services in order to conduct troubleshooting.
6. Conducting data analysis, testing, research, and statistical and survey analysis.
7. Conducting our security and compliance programs.
8. Communicating with customers and website visitors. - Contractual Necessity
1. Providing the requested Services to you and ensuring the proper functioning of our Services.
2. If you do not provide the contractually required information, you may not be able to use our Services. For example, we need your contact information to create an account.
- Legitimate Interest:
- Consent
- Enhancing our advertising and marketing efforts to improve our websites by monitoring and analysing trends, usage and activity in connection with our Services.
- Providing direct marketing communication.
- Targeting prospective customers with our Services.
- Assisting us in offering you a personalised experience or otherwise tailoring our websites, applications, Service offerings to you and to ensure content from our websites and applications is presented in the most effective manner for you and your device.
- Data Transfers
- Vision6 reserves the right to store and process your personal information in Australia and in any other country where Vision6 or its affiliates, subsidiaries, or service providers operate facilities in accordance with and as permitted by applicable laws and regulations.
- We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this privacy policy and applicable law.
- All transfers of personal data (i) within the Vision6 corporate family, and (ii) to third parties, will be pursuant to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), and as applicable under the UK Addendum to the clauses.
Your rights:
You have certain rights relating to your personal data subject to local data protection laws. In certain circumstances, you have the following rights:
| Right | Description |
|---|---|
| Right to Know and to Portability | The right to request any or all of the information listed below relating to your personal data we have collected and disclosed, upon our verification of your identity. You may request a copy of the personal data we hold about you and that we transfer this personal data to another third party (data portability).
|
| Right to Request Deletion | The right to request the deletion of personal data we have collected from you. |
| Right to Correct | The right to correct inaccurate personal data that we maintain about you. |
| Right to Opt Out of Targeted Advertising or the Sale or Sharing of Personal Data | The right to direct us not to sell or share personal data for targeted advertising about you to third parties now or in the future. Here, the only “sale” or “sharing” that may take place is through our use of cookies which you can opt out as directed by our Cookie Policy. |
| Withdrawal of Consent | If we are processing your personal data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. |
| Right to Non-Discrimination | The right not to receive discriminatory treatment for exercising these rights. |
| Right to Appeal | You may have the right to appeal a decision we may make related to your request. |
| “Shine the Light” | California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal data to a third party for the third party’s direct marketing purposes. |
Please note the above rights are subject to certain exceptions.
Storage and security
We are committed to ensuring that the personal data we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymization and encryption of personal data, to safeguard and secure personal data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal data we collect will not be disclosed in a manner that is inconsistent with this privacy policy.
Cookies and web beacons
We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our website with personal data, this information may be linked to the data stored in the cookie.
We may use web beacons on our website from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see Google Policies or any other URL Google may use from time to time.
Links to other websites
Our website may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal data which you provide while visiting those websites. Those websites are not governed by this privacy policy.
Amendments
We may, at any time and at our discretion, vary this privacy policy. If we decide to amend this privacy policy in any material way, we will notify you here, by email, or by means of a notice on our website. In all cases, your continued use of any Services constitutes acceptance to any such changes.
For any questions or notices, please contact our Privacy Officer at:
- Vision 6 Pty Ltd ABN 23 099 766 499
- Email: privacy@constantcontact.com
Last update: 24th February 2025
