Privacy Policy

1. Introduction

1.1 SMS Express is committed to protecting your privacy and complying with the Australian Privacy Principles under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Commonwealth) and New Zealand's Privacy Act 2020. This Privacy Policy describes how we collect, use, store, and share your personal information.

1.2 Your privacy is important to us. The purpose of this Privacy Policy is to help you understand how we collect, use, store and share personal data about you. Personal data means any information about an individual from which that person can be identified and does not include anonymous data.

1.3 This Privacy Policy forms part of our standard Terms & Conditions of Service and applies to all registered or non-registered users of our Services, including visitors to our website.

1.4 If you do not agree with this Policy, we respectfully ask you to cease using this website and services.

1.5 IMPORTANT NOTE: Where you use our Services to communicate messages to third parties such as your customers (message recipients), we are the data processor and you are the data controller. This means that you determine the purpose and means of the processing of information about message recipients. It is your responsibility to ensure that message recipients' data that is uploaded to our platform, along with the content of the messages, is compliant with all applicable local and international data protection laws and regulations.

2. Information We Collect

2.1 We lawfully collect personal information that is necessary for our business to function and only collect relevant and minimal personal data about you for the purpose of managing your relationship with us.

2.2 We collect information about you when you register for an account.

2.3 We may collect, use, store and transfer different kinds of personal data about you, including:

2.3.1 Contact Details – your business name, your name, title, address, email address, and telephone numbers

2.3.2 Payment Information For all credit card transactions, processing is exclusively managed by our trusted third-party payment providers, PayPal and Stripe. At no point do we store credit card details on our platform. In instances where a payment is processed over the phone, card information is directly entered into Stripe's secure system and is not retained in our internal records.

2.3.3 Purchase History – details about the Services you have purchased from us

2.3.4 Marketing Preferences – your preferences in receiving marketing from us and your communication preferences

2.3.5 Browser Information – information from your browser, computer, or mobile device, including device and network information, cookies and analytics information

2.3.6 Customer Service History – interactions with us over the phone, via the website or live chat (while on live chat, our support team can see your public IP address and location)

2.4 We do not collect sensitive information and have no need to, as our service is mainly used by businesses for business-to-business communication.

3. How We Use Your Personal Information

3.1 We will only process your personal data in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.

3.2 We only use the information you provide to us for the purposes of operating SMS Express to facilitate our business operations. We will only process your personal data where we have a lawful basis to do so. This includes processing necessary for the performance of a contract with you, compliance with a legal obligation, where we have a legitimate interest (and your interests and fundamental rights do not override those interests), or with your consent. Our legitimate interests include improving and securing our services, preventing fraud, and conducting business analysis.

3.3 Generally, we will only use and disclose your personal information to:

1. Establish and maintain your relationship as a customer of SMS Express
2. Provide the products and services you have requested from SMS Express
3. Administer and manage those products and services including accounting
4. Answer your enquiries
5. Provide you with access to our website and present material to you
6. Process transactions with you and authenticate you when you log in
7. Provide customer support and operate and maintain the Services
8. Protect the safety and security of the Services
9. Communicate with you as necessary
10. Improve our website and services
11. Comply with legal or regulatory obligations

3.4 You will only receive marketing communications from us if you have requested them, or purchased Services from us. You can tell us to stop receiving marketing communications at any time by calling or emailing us, or simply clicking the Unsubscribe function in any marketing email from us.

3.5 We fully comply with the Spam Act 2003 (Australia) and New Zealand's Unsolicited Electronic Messages Act 2007 by offering clear opt-out functions (such as replying 'STOP' for SMS) and unsubscribe links in emails, and by maintaining blocklists. However you will continue to receive system-generated emails for credit purchases or low balance warnings, etc.

4. Third-Party Services

4.1 We use the following third-party services to operate our business:

4.1.1 TransmitSMS – Our SMS messaging platform provider for message delivery and processing

4.1.2 Campaign Monitor – Email newsletter services

4.1.3 Google Analytics – Website analytics and performance tracking

4.1.4 Bing Analytics – Website analytics and performance tracking

4.2 These third-party service providers have their own privacy policies and security measures. We only engage providers who maintain security and privacy standards that provide at least the same level of protection as we do ourselves.

5. Cookies and Analytics

5.1 We may utilise temporary or session cookies. A cookie is a small text file stored on your device by our website's server. Each cookie is unique to your browser and contains anonymous information such as a unique identifier.

5.2 We use first and third-party cookies to improve your experience on our website, store preferences (like keeping you logged in), and determine usage behaviour through Google and Bing Analytics.

5.3 If you do not wish cookies to be used, you can alter your browser settings. Please note that certain services on our website may not be available if cookies are disabled.

5.4 You can opt out of Google Analytics tracking by visiting the Google Ads Preferences Manager opt-out page. You can opt out of Bing Analytics by visiting your Bing profile settings and adjusting your privacy preferences. Note we do not run any advertising on any of our sites and we only use these Analytics tools for to monitor visitor statistics.

6. Data Security

6.1 SMS Express will take all reasonable steps to keep secure any personal information which we hold and to keep this information accurate and up to date. Personal information is stored on secure servers with password access controls.

6.2 We have implemented appropriate reasonable technical, organisational and security measures to secure your personal data, including limiting access to personal data to employees and service providers who have a business need to know, requiring all personnel to maintain confidentiality, regular security assessments and updates, and secure data transmission protocols.

6.3 We will take reasonable measures to identify all reasonably foreseeable internal and external risks to personal data, establish and maintain appropriate safeguards against identified risks, regularly verify that safeguards are effectively implemented, and ensure safeguards are continually updated in response to new risks.

6.4 While we implement safeguards designed to protect your information, no security system is impenetrable. The Internet is not always a secure method of transmitting information, and we cannot accept responsibility for the security of information transmitted over the Internet or guarantee absolute security.

6.5 In the event of a personal data breach affecting data processed on your behalf, we will notify you, as the data controller, without undue delay, to enable you to meet your own breach notification obligations under applicable privacy laws.

7. Data Storage and International Transfers

7.1 SMS Express Australia's primary sales and support team is located in Melbourne, Australia.

Our SMS messaging platform is powered by TransmitSMS, a leading Australian cloud communications platform as a service (CPaaS) provider which maintains world-class security certifications including ISO 27001 (Information Security Management), SOC 2, ensuring bank-grade security that meets the highest international standards for protecting sensitive information.

The infrastructure supporting the SMS Express platform features multiple layers of physical and technical security, including 24/7 on-site security personnel, biometric access controls, comprehensive CCTV monitoring, and redundant power systems designed for 99.999% uptime. Teraco's facilities serve organisations including major banks, financial institutions, and government entities, demonstrating the trust placed in their security capabilities by the most compliance-sensitive industries.

Regular third-party security audits, comprehensive business continuity plans, and adherence to international privacy standards ensure that your SMS communications and stored data remain protected at all times. Our partnership with TransmitSMS' world-class infrastructure means SMS Express customers benefit from enterprise-grade security, providing peace of mind that your business communications are in the safest possible hands.

7.2 Where we use hosting or cloud services located outside Australia and New Zealand, we ensure that the level of protection given to your data meets or exceeds Australian and New Zealand privacy law requirements.

8. Data Sharing and Disclosure

8.1 We do not sell any of your personal data to any third party. We will not disclose any personal data relating to you to any third party unless your prior written agreement is obtained, we are required to do so by law, or it is necessary to provide our services to you.

8.2 Any information sent to SMS Express for text messaging and storage purposes remains your property. SMS Express will never collect, redistribute, or sell this information or disclose it to other parties except where legally required.

8.3 We strongly emphasise that we will never access your databases without your express permission (e.g., when you request assistance) or without a court order.

8.4 However, we reserve the right to view your account broadcasting activities to investigate or resolve issues or complaints, or if we suspect illegal activities (e.g., spamming, scams) or if our Terms are being breached.

8.5 We may share information about you with third parties in exceptional circumstances if we believe sharing is reasonably necessary to comply with applicable law, regulation, legal process or government request, enforce our agreements, policies and terms of service, protect the security and integrity of our Services, protect ourselves, our customers, and the public from harm or illegal activities, or respond to an emergency requiring disclosure to prevent death or serious bodily injury.

8.6 We may share information in connection with any merger, sale of assets, financing, or acquisition of our business, with prior notification to you.

9. Data Retention

9.1 We retain your account information for as long as your account is active and for a period of 2 years thereafter in case you decide to re-activate our Services.

9.2 Message data, including Sent messages and Replies will be stored on our servers for as long as your account is active and for a period of 2 years thereafter in case you decide to re-activate our Services.

9.3 We also retain some information as necessary to comply with legal and regulatory obligations, resolve disputes, enforce agreements, and satisfy accounting or reporting requirements.

9.4 We will delete all personal data when we receive written instruction from you to do so, unless we are obliged by law to retain such information.

9.5 If you no longer wish to use our Services, you or your administrator can ask us to deactivate your account. Note that deactivating your account does not immediately delete your information; rather, your data will be retained for the periods specified in sections 9.1 and 9.2 (2 years thereafter) to allow for potential reactivation or compliance with legal obligations.

10. Your Rights and Choices

10.1 You have the right to request access to your personal data, request correction of inaccurate or incomplete personal data, request erasure of your personal data (subject to legal requirements), object to processing of your personal data for direct marketing purposes, request restriction of processing in certain circumstances, request transfer of your personal data in a structured, machine-readable format, and withdraw consent at any time where we rely on consent to process your data.

10.2 You can access and update certain information about yourself through your account settings.

10.3 You may opt out of receiving promotional communications by using the unsubscribe link in emails, or contacting us directly. You will however continue to receive system notifications and tax invoices/receipts.

10.4 If you wish to exercise any of these rights or have questions or complaints, please contact us using the details below. We will respond to legitimate requests within 30 days.

11. Children's Privacy

11.1 Our website and services are not intended for children under the age of 18, and we don't knowingly process personal data relating to persons under 18 unless we have obtained consent from their parent or legal guardian.

12. Changes to This Privacy Policy

12.1 We may change this Privacy Policy from time to time to reflect how we process your personal data. We will post any changes on this page and, if changes are significant, we will provide prominent notice on our website or by email.

12.2 Continued use of our website or Services after amendments constitutes your acceptance of the updated Privacy Policy.

13. Contact Us

13.1 If you have any questions about this Privacy Policy, wish to exercise your rights, or have concerns about our information handling practices, please contact us:

Phone: 1300 668 287
Email: info@smsexpress.com.au

13.2 If you are not satisfied with our response to your privacy concerns, you may contact the Office of the Australian Information Commissioner (OAIC) in Australia or the Privacy Commissioner in New Zealand.

If you need help with this please call us: 1300 668 287