Privacy Policy

1. Purpose

This privacy policy ("Privacy Policy") applies to personal information collected by NxtPOS, which outlines how we use, keep secure and disclose personal information.

The Privacy Policy outlines: how and when NxtPOS collects personal information; how NxtPOS uses and discloses personal information; how NxtPOS keeps personal information secure, accurate and up-to-date; how an individual can access and correct their personal information; and how NxtPOS will facilitate or resolve a privacy complaint.

We recommend that you read and understand the Privacy Policy and keep it for future reference. If you require any clarification, you can contact us at the address at the end of this document.

NxtPOS takes your privacy seriously. In dealing with personal information, we comply with the relevant principles in the Privacy Act 1988 (Cth) (Privacy Act).

Directly from you

NxtPOS tries to collect personal information about you directly from you. If we collect details about you from someone else, we will make you aware that we have done this and the reason for it.

We primarily collect information about you when you use or request our services, or when you communicate with us by email, telephone, in writing or in person.

We also collect information about you if you are providing services to us or if you apply for employment with us. As far as possible, or unless provided otherwise under this privacy policy, we will collect your personal information directly from you.

Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to provide or effectively provide our services to you.

Information collected by our website

When you visit our website, our web server may request your browser to create a cookie on your computer. A cookie is a small piece of information sent by our server to your browser.

Our cookies do not contain personal information about users. However, cookies can identify a user's browser. The cookies transferred by our website are used for things such as capturing information about a user's web browser, controlling a pop-up window or enabling login access to password-protected areas of the website.

Our analytics systems use cookies to gather information regarding visitor activity on our website. This is not used to identify you as an individual but is collated into aggregate results or classifications.

Third parties may also use their own cookies to collect non-personal information about your activities on our website. This information, which may be combined with information acquired from third parties, may be used to serve you promotional material we believe you might be interested in based on the content you have viewed.

The cookies placed by third parties are subject to the privacy policies of those third parties. NxtPOS has no control over these cookies.

If you do not wish to receive any cookies, you may set your browser to refuse them; go to the browser's help menu for instructions. Please note that some features of the NxtPOS website may not work if cookies are disabled.

Site user tracking experience

We may use tracking software to review and improve your experience of our website, including Facebook Pixel, Google Analytics, YouTube and similar tools.

We may use advertising products such as remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our website traffic via Google Advertising cookies and anonymous identifiers.

Data collected via these Google products is not linked with any personally identifiable information you submit while on our website. If you wish to opt out of Google Analytics data collection, you may do so at tools.google.com/dlpage/gaoptout.

2. Why do we need to collect personal information?

We collect personal information when you volunteer it in order to receive a service from us through our application or website. The personal information collected will be used to provide the goods or services you have requested, such as setting up and managing your subscription or account. Your personal information may be used in relation to any survey, promotional offer or competition you enter on our website.

3. What information do we collect?

The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details, information for identification purposes, profession or occupation, and business or company numbers and names. If you make payments through our website by credit card, debit card or direct debit, we may collect your card or bank account details.

General information about visits to our website is collected by our computer servers, with small files ("cookies") that our website transfers to your computer's hard drive through your web browser (if you allow the delivery of cookies). Cookies are used to follow the pattern of movement of users by letting us know which pages on our website are visited. The anonymous non-personal information we collect and analyse in this way is not personal information.

Any additional personal information that you may provide to us directly through our website.

4. Cookies

When you access our website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer, so our website can recognise your computer when you next visit. Cookies cannot be used to discover personal information such as your name, address or email address — they merely identify your computer to our website when you visit us.

We can also log the internet protocol (IP) address of visitors to our website so that we can work out the countries in which the computers are located.

We collect information using cookies and other tracking technologies to: help us monitor the performance of our website so we can improve its operation and the services we offer; provide personalised services to each user to make navigation easier and more rewarding; sell advertising on our website to help meet some of the costs of operating it and improve our content; and, when we have permission, market the services we provide by sending emails personalised to what we understand are your interests.

Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and unsubscribe from that service.

If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or to warn you each time a cookie is sent. However, if you turn cookies off, some of our services may not function properly.

5. How do we store your information?

Although we cannot guarantee the safety or security of your personal information, we take reasonable physical, electronic and procedural measures to protect your personal and sensitive information against loss or unauthorised access, use, interference, modification or deletion.

We use different technologies and procedures to help protect personal information from unauthorised access, loss, alteration, disclosure or use, including physical access controls, information firewalls and access authorisation controls where your personal information is held. Our commitment to data security means: we have procedures to limit access to personal information within our business; we use security measures and technologies to protect your personal information; and we use service providers that can establish they have secure controls relating to software, access and network security, including where credit card information is transferred.

Our website is hosted in Australia. In addition, web traffic information we collect, such as data collected by Google Analytics, may be stored overseas.

6. Retention of your personal information

We will retain your personal information only for as long as is necessary for the purposes set out in this privacy policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

7. What use do we make of your personal information?

We may use your personal information to, and you consent to us using your personal information to: verify your identity where required; provide our services to you, including the administration and management of our services, billing, credit card authorisation and verification, fraud prevention and debt collection; offer you updates or other content, products and services that may be of interest to you; conduct evaluations of our services; subject to your express consent, publish success stories based on the services we have provided and de-identify you if you request; contact you for feedback on our services; and assist us in performing our corporate and contractual obligations.

We may also use or disclose your personal information without seeking additional consent where: it is used or disclosed for a purpose related to the primary purpose of collection and you would reasonably expect this; we reasonably believe the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual's life, health or safety, or to public health or safety; we have reason to suspect unlawful activity has been or is being engaged in; or it is required or authorised by law or formally requested by a statutory or regulatory authority.

We will communicate with you in relation to the services we provide and the management of your subscription, account and profile.

We may send you information and updates about other products or services we provide, occasional company news, and special promotional offers. If at any time you would like to stop receiving these messages, detailed unsubscribe instructions are included at the bottom of each email.

We may also release your personal information when we believe this is appropriate to comply with the law, enforce our agreements, website policies and terms and conditions, or protect our rights, property or safety, or those of others.

8. Disclosure

We may disclose your personal information to: our directors, employees, agents, contractors, service and debt collectors, and professional advisors, for the purposes of operating our website or business, fulfilling your requests, and otherwise providing services to you; suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes, which may include overseas parties; and any other organisation for any authorised purpose with your consent, or where required by law, a court, or a government department.

We do not supply, sell or rent the personal information we collect to unrelated third parties for the purpose of marketing those third parties' products or services.

Direct marketing

You expressly consent to us using your personal information, including any email address you provide, to give you information and to tell you about our products, services or events, or any other direct marketing activity we consider may be of interest to you.

If at any time you do not wish to receive further direct marketing communications, you may ask us not to send further information and not to disclose your information to other organisations for that purpose, by using the "unsubscribe" facility in the email or by contacting us via the details at the end of this document.

If we use your personal information for direct marketing, we will comply with our obligations under the Do Not Call Register Act 2006 and the Spam Act 2003, and we do not use sensitive information to send direct marketing communications without your consent.

9. Protection and security

At NxtPOS, protecting a person's identity is a key responsibility of all our staff, customers and partners. We have taken steps to help ensure your personal information is safe. However, we cannot guarantee the security of all transmissions or personal information, especially where the internet is involved.

We take reasonable steps to make sure the personal information we collect, use or disclose is accurate, complete and up to date; protect it from misuse, loss, unauthorised access, modification or disclosure, both physically and through computer security methods; and destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.

The accuracy of your personal information depends largely on what you provide, so we recommend you let us know of any errors and keep us up to date with any changes (such as your name or address). We maintain confidentiality and security by restricting access to only staff and service providers with a legitimate need to access it.

10. How can I access the personal information you collect?

We are happy to provide you with details of personal information held about you. To access this information, email or write to us using the contact details below.

If you believe your personal information has been misused, you can inform us of your complaint in writing and we will attempt to resolve the matter.

11. Complaint procedure

You are entitled to access any personal information relating to you which you have previously supplied to us via this website, and to edit or delete such information unless we are required by law to retain it.

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered and we may seek further information from you to clarify your concerns. If we agree your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied, you may refer the matter to the external body appropriate to your circumstances.

12. Contact us

If you have any questions or complaints about this privacy policy, please contact us via info@nxtpos.com.au.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options for resolving them, and we will aim to ensure your complaint is resolved in a timely and appropriate manner.

13. Changes to our privacy policy

If we decide to change this privacy policy, we will post those changes on this page and update the modification date below.

This privacy policy was last modified on 1 August 2026.

14. Consent

You agree to the terms of this privacy policy when you continue to use our website, or by accepting the terms and conditions of our services, which refer to this Privacy Policy.

1. NxtPOS Platform

NxtPOS provides cloud-based point-of-sale ("POS") software and related technology services to restaurants, cafés, bars, takeaway businesses and other hospitality venues ("Merchant", "Venue", "you" or "your").

Depending on the services selected by the Venue, NxtPOS may provide functionality including:

• point-of-sale and order management;
• online ordering;
• pickup and delivery ordering;
• table ordering and QR ordering;
• customer and transaction records;
• payment and EFTPOS integrations;
• receipt and kitchen printing;
• reporting and analytics;
• menu and product management; and
• other hospitality management functionality made available by NxtPOS from time to time.

NxtPOS provides software and related services. Unless expressly agreed otherwise in writing, NxtPOS does not manufacture or warrant third-party hardware, telecommunications services, internet connections or third-party payment services.

2. Venue and Customer Data

In providing the NxtPOS services, NxtPOS may process information relating to the Venue and its customers, including where applicable:

• customer names;
• telephone numbers;
• email addresses;
• delivery or billing addresses;
• order information;
• transaction information;
• order history;
• table or booking information;
• payment-related references;
• loyalty or promotional information;
• device and technical information; and
• other information entered into or generated through the NxtPOS platform.

The Venue is responsible for ensuring that it has an appropriate legal basis, authority and any required notices or consents to collect and provide personal information to NxtPOS through its use of the services.

NxtPOS will process personal information in accordance with applicable Australian privacy laws and this Privacy Policy.

3. Ownership of Venue Data

As between NxtPOS and the Venue, the Venue retains ownership of the business and customer data submitted to the NxtPOS platform, subject to any rights NxtPOS reasonably requires to host, process, back up, secure and otherwise use that data for the purpose of providing and improving the contracted services.

NxtPOS does not acquire ownership of a Venue's customer database merely because the information is stored or processed using NxtPOS.

4. Exported Data

NxtPOS may provide functionality allowing a Venue to download, export, copy or otherwise extract information from the NxtPOS platform.

Once information has been successfully exported from the NxtPOS-controlled environment to a Venue's device, computer, storage system, third-party application or other location controlled by the Venue, responsibility for the security, storage, backup, use and deletion of that exported copy rests with the Venue.

NxtPOS is not responsible for loss, corruption, unauthorised disclosure or deletion of an exported copy caused by the Venue, its employees, contractors, devices, systems or third-party services.

This does not limit NxtPOS's responsibility for information that remains within systems controlled by NxtPOS where responsibility arises under applicable law or the agreement between NxtPOS and the Venue.

5. Deletion by the Venue

The Venue is responsible for actions performed through authorised Venue accounts, including deletion, modification, export or alteration of data by the Venue's owners, managers, employees or authorised users.

Where data is intentionally deleted by an authorised user, NxtPOS does not guarantee that the information can be recovered.

NxtPOS may maintain backups for security, disaster recovery, regulatory or legitimate business purposes in accordance with its retention practices and applicable law.

6. Hardware

The NxtPOS software may be compatible with certain third-party devices and hardware, which may include:

• Apple iPads;
• compatible Android tablets and devices;
• Sunmi devices;
• Epson thermal printers;
• Star Micronics thermal printers; and
• other hardware approved or supported by NxtPOS.

Unless NxtPOS has separately supplied hardware under an agreement that expressly provides otherwise, NxtPOS is not the manufacturer of this equipment and does not warrant the operation, durability, battery, operating system, network connectivity or physical condition of third-party hardware.

Hardware failures should be addressed with the manufacturer, supplier or relevant warranty provider where appropriate.

NxtPOS will, where reasonably possible, provide technical assistance in determining whether an issue relates to NxtPOS software or third-party hardware.

7. Internet and Network Connectivity

NxtPOS is a technology platform and certain functionality requires an internet, Wi-Fi, mobile data or other network connection.

The Venue is responsible for maintaining suitable internet and network connectivity.

NxtPOS cannot guarantee uninterrupted service where an issue results from circumstances outside NxtPOS's reasonable control, including:

• internet service provider outages;
• Wi-Fi failures;
• mobile network outages;
• router or networking equipment failures;
• electricity outages;
• third-party cloud or infrastructure failures;
• device failures; or
• other external network problems.

NxtPOS remains responsible for addressing faults within the NxtPOS platform that are within NxtPOS's reasonable control.

8. Online Ordering

NxtPOS may provide online ordering functionality allowing customers to place orders with a Venue.

The Venue remains responsible for:

• menu information;
• product availability;
• pricing and applicable taxes;
• preparation of orders;
• food quality and safety;
• opening and closing times;
• accepting and fulfilling orders;
• pickup and delivery preparation; and
• complying with laws applicable to the Venue's goods and services.

NxtPOS is responsible for providing the technology used to transmit orders in accordance with the applicable service agreement.

9. Payment Received but Order Not Received

There may be exceptional circumstances where a customer's payment is successfully processed but the corresponding order is not successfully transmitted to or received by the Venue.

Where NxtPOS verifies that:

1. the customer was successfully charged;
2. the Venue did not receive the corresponding order; and
3. the failure resulted from the NxtPOS service or an integrated transaction process,

NxtPOS will investigate the transaction and, where appropriate, facilitate or initiate a refund through the applicable payment provider.

Refund processing times may depend on the relevant bank, card scheme, payment processor or payment service provider and are therefore not guaranteed by NxtPOS.

10. EFTPOS and Online Payments

NxtPOS may integrate with third-party payment processors, acquiring banks, EFTPOS providers, payment gateways and terminal providers.

Payment services may be subject to additional terms imposed by those providers.

NxtPOS does not control banking networks, card schemes or third-party payment processing infrastructure and is not responsible for delays, outages, declines, chargebacks or failures caused solely by those third parties.

Nothing in this section excludes responsibility that NxtPOS cannot lawfully exclude.

11. Payment Information

Where payment information is processed through an integrated payment provider, payment card information may be transmitted directly to and processed by the relevant payment provider rather than being stored by NxtPOS.

The exact payment-data flow will depend upon the payment integration used by the Venue.

NxtPOS should not be regarded as storing complete payment card details unless those details are actually collected and stored by NxtPOS.

12. EFTPOS and Transaction Fees

EFTPOS, terminal, merchant service and online payment processing fees may differ between Venues.

The applicable rates, percentages, fixed transaction fees and other commercial charges will be specified in the Venue's NxtPOS Service Agreement, Order Form or Commercial Schedule.

Where a Venue imposes a card surcharge on its customers, the Venue is responsible for ensuring that the surcharge complies with applicable Australian law.

13. Third-Party Integrations

NxtPOS may integrate with third-party products or services such as payment providers, delivery providers, accounting platforms, analytics providers and other hospitality technology services.

Where information is transmitted to a third-party provider at the Venue's direction, that provider may process the information under its own privacy policy and terms.

NxtPOS is not responsible for the independent acts or omissions of a third-party provider except to the extent responsibility cannot lawfully be excluded or where the issue was caused by NxtPOS's own systems or conduct.

14. Security Responsibilities

NxtPOS will take reasonable technical and organisational measures to protect personal information under its control.

The Venue is responsible for maintaining reasonable security over its own NxtPOS account and devices, including:

• protecting usernames and passwords;
• restricting staff access appropriately;
• removing access for former employees;
• maintaining appropriate device security;
• keeping operating systems and supported applications reasonably up to date; and
• notifying NxtPOS promptly if unauthorised access is suspected.

The Venue must not knowingly share administrator credentials with unauthorised persons.

15. Data Breaches

If NxtPOS becomes aware of a suspected unauthorised access, disclosure or loss of personal information under its control, NxtPOS will investigate and respond in accordance with applicable Australian privacy law.

Where an incident constitutes an eligible data breach under the Notifiable Data Breaches scheme and NxtPOS is legally required to provide notification, NxtPOS will take the steps required by applicable law, which may include notification to affected individuals and the Office of the Australian Information Commissioner.

Where an incident relates to Venue-controlled systems or accounts, the Venue must reasonably cooperate with NxtPOS in investigating and responding to the incident.

16. Service Availability

NxtPOS will use reasonable efforts to maintain the availability and operation of its services.

However, no internet-based software service can guarantee continuous and error-free availability.

Service may occasionally be interrupted because of:

• planned maintenance;
• emergency maintenance;
• security updates;
• software updates;
• third-party infrastructure failures;
• internet or telecommunications failures;
• payment network outages; or
• circumstances beyond NxtPOS's reasonable control.

Where reasonably practicable, NxtPOS will endeavour to minimise disruption and restore affected NxtPOS services.

17. Australian Consumer Law

Nothing in this Privacy Policy, the NxtPOS Terms and Conditions or any Venue Service Agreement is intended to exclude, restrict or modify any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law.

Where liability can lawfully be limited, any limitation will operate only to the maximum extent permitted by law.

18. Relationship With Venue Service Agreement

This Privacy Policy should be read together with the NxtPOS Terms and Conditions and, where applicable, the individual Service Agreement, Order Form and Commercial Schedule entered into between NxtPOS and the Venue.

The Venue-specific Commercial Schedule may specify:

• monthly NxtPOS subscription fees;
• agreed EFTPOS transaction rates;
• online payment processing rates;
• terminal rental or purchase costs;
• setup or installation charges;
• optional service charges;
• promotional pricing;
• discounts;
• minimum commitments, if any; and
• other negotiated commercial terms.

Commercial pricing may therefore vary between Venues where individually negotiated.

19. Privacy Policy

These provisions supplement the NxtPOS Privacy Policy.

NxtPOS handles personal information in accordance with the Privacy Act 1988 (Cth) where applicable and its published Privacy Policy.

The Privacy Policy should be reviewed periodically and updated where NxtPOS introduces new payment providers, delivery integrations, analytics services, customer-data functionality or other services that materially change how personal information is collected, stored, used or disclosed.