Effective Date: 1st September 2022
1. SUMMARY
We respect your privacy and are committed to safeguarding your Personal Information. When you install, register and use the App we collect Personal Information from you including your Identifying Information, photos that you upload, conversations that you have with us and other Users, other information that you share to the App, technical information and information from Approved Third Parties and Digital Platforms. With your consent, which you provide by accepting this Privacy Policy, we may: (i) share certain Personal Information with Approved Third Parties and Digital Platforms; and we, and Approved Third Parties, may send electronic communications to you from time to time.
Please read this Privacy Policy in order to understand more fully how and why we collect, use, store and handle your Personal Information when you use the App, what information we collect and the choices available to you in relation to your Personal Information.
Please let us know if you would like a physical copy of this Privacy Policy and we will provide one to you.
2. DEFINITIONS
“App” means the mobile application called “SwapU”, including all pages, sub pages, blogs, forums, and all other connected internet content whatsoever and includes any updated or subsequent versions.
“Approved Third Parties” are third parties with whom we have an arrangement for the purpose of engaging in or facilitating Direct Marketing.
“Australian Privacy Principles” means The Australian Privacy Principles set out under the Privacy Act 1988 (Cth) and other applicable Australian law.
“Digital Platform” is a third party digital platform which allows you to access the App using your login details for that digital platform.
“Digital Platform Login” means your login details for accessing a Digital Platform.
“Direct Marketing” means the use or disclosure of Personal Information to communicate directly with an individual to promote goods or services.
“Identifying Information” means information provided by you when you register to use the App, including your name, email address, user name and password.
“Main Purposes” means (a) providing full access to the App; (b) providing you with information and updates about the App; (c) sending electronic communications to you including Direct Marketing; and (d) allowing you to receive Third Party Communications including Direct Marketing.
“Materials” means any content, materials, information or documentation that we may provide to you in connection with the App including documentation, data, information developed by us or owned by us, and other materials which may assist in your use of the App.
“Parties” means both you and us collectively.
“Personal Information” means information that is personal in nature that either discloses your identity or provides enough information for someone to reasonably work out your identity, including information such as names, date of birth, telephone number, email address, address, location, gender, age, relationship status, details about use of the App and payment details and includes Identifying Information.
“Third Party Communications” means electronic communications from Approved Third Parties.
“Third Party Goods” means any goods advertised, sold or provided via Third Party Links.
“Third Party Links” means links or references to websites, applications or content other than the App, or to materials other than the Materials, none of which are controlled by us.
“Third Party Services” means any services advertised, sold or provided via Third Party Links.
“us”, “we”, “our” refers to SwapU Pty Ltd.
“User” means any person (including body corporate) who has registered with the App or has accessed the app via a Digital Platform.
“Website” means www.swapu.com.au
“you” or “your” refers to the user of the App.
“Your Content” means any content, writing, images, audiovisual content or other information published on the App by you or which you otherwise share with us.
3. WHAT PERSONAL INFORMATION DO WE COLLECT, HOW DO WE COLLECT IT AND WHY?
We collect and hold Personal Information for the Main Purposes.
We will only collect such Personal Information which is reasonably necessary for the Main Purposes or another legitimate purpose specified below.
To enable us to provide you with access to certain features of the App, it may be necessary for you to make payments through a third party service provider. If a third party provider is used to collect or facilitate a payment, we will not receive or have control over any Personal Information that you provide to the third party service provider.
From time to time, we may collect Personal Information from third party sources (including Approved Third Parties and Digital Platforms). We only obtain Personal Information from third party sources where it is clearly evident that the person who provided the Personal Information consented to that Personal Information being provided to and used by us or third parties in general. In such a case, we will only use the Personal Information for the purpose for which the consent was given.
If we receive Personal Information other than directly from the person which it is about or from a third party that has the consent of that person to deal with that Personal Information, then we will destroy that Personal Information as soon as practicable and if lawful and reasonable to do so.
What information do we collect? | How do we collect it? | Why do we collect it? |
Your name, email address, username and password (your username will be public) | We ask you to provide this information when you register to use the App. We may collect this information from Digital Platforms | We collect this information so that: · you can register, login and use the App · we can verify your identity · we can respond to any queries or comments that you send to us · we can contact you regarding any alleged breach of our Terms & Conditions and/or this Privacy Policy · we can send other electronic communications to you (including Direct Marketing) · we can provide your name and email address to Approved Third Parties who may use that information to conduct Direct Marketing |
Your profile picture | We will ask you to upload a picture to the App when you register to use the App | Having a profile picture helps other users to put a face to a name and establish trust. However, if you do not wish to provide a photo of yourself the photo can be of anything that complies with our Terms & Conditions |
Your Content | Whenever you post Your Content on the App | So that you can post items for swapping, have conversations with other Users and with us and so that we can provide you with full access to the App |
Your use of the App | While you use the App | So that we and approved Third Parties can conduct Direct Marketing and so that we can improve the App |
Technical Data (including device operating system) | Whenever you install or use the App | To help us improve the App |
Information exchange with Digital Platforms | If you choose to login to the App using a third party Digital Platform Login, the applicable Digital Platform may send your login details to the App so that you can login. We may provide the Digital Platform with information about your use of the App and Personal Information that you have provided to us including Identifying Information (but not your password). They may share Personal Information that they hold about you with us too | This provides you with a choice about how you will access the App, helps us to improve the App and conduct and allow Approved Third Parties to conduct Direct Marketing |
Information exchange with Approved Third Parties | If you have consented to receiving electronic communications from Approved Third Parties, those Approved Third Parties may share with us any information that you provide to them. | The App is free to use. In order to be able to make the App available we rely on our relationships with Approved Third Parties and other advertisers |
Communications | If you contact us by email or in another way, when you post comments or have conversations in public sections of the App | So that we can have a record of communications between you and us and between you and other users, allowing us to resolve queries and disputes efficiently |
4. DEALING WITH PERSONAL INFORMATION
We will deal with Personal Information for the Main Purposes and any other purpose to which you have consented. We may deal with Personal Information for the purpose of providing you with information and updates about our products, services and the App, including new and additional products, services and App functions. We may also use your Personal Information to improve our products, services and App.
We may provide your Personal Information to, and receive Personal Information from, third parties which assist us to provide you with access to the App.
We may share your de-identified personal information with third parties for the purpose of market research.
We may share your Personal Information (on a confidential basis) with any party which acquires or is considering acquiring the App or acquiring or merging with us.
We may share your Personal Information with a third party if we are required to do so under any applicable law.
We may disclose your Personal Information to a third party service provider, for example, a software of data storage provider, payment provider, advertising agencies and other entities which assist us with providing Direct Marketing and our legal and financial advisors.
5. DISCLOSURE OF PERSONAL INFORMATION
Whenever we provide your Personal Information to a third party, we will request that the third party handles your Personal Information in compliance with: (i) the Australian Privacy Principles if the third party is Australian; or (ii) applicable foreign laws comparable to and no less protective than the Australian Privacy Principles if the third party is foreign.
From time to time, we may collect Personal Information from you for the purpose of providing it to third parties for Direct Marketing or other purposes. We only provide Personal Information to third parties where it is clearly evident that you provided your Personal Information together with consent for that Personal Information to be provided to and used by such third parties, and you have not withdrawn your consent.
We may provide you with links to third party websites and mobile applications. This Privacy Policy only applies to information that we collect from you, or that we receive from third parties with your consent. Please review the privacy policy of any third party to whom you provide personal information. We are not responsible for the privacy policies and practices of third parties.
6. ELECTRONIC COMMUNICATIONS
By registering as a User, you consent to receiving
- push notifications from the App;
- electronic communications from us; and
- Third Party Communications.
If you do not wish to receive push notifications you can opt out by changing your Account Settings within the App.
If you do not wish to receive electronic communications from us you can opt out by clicking the “unsubscribe” link in the footer of the communication or by contacting us and asking us to remove you from our mailing list. There are certain updates which you cannot opt out of receiving, regarding changes to the App, our Terms & Conditions or this Privacy Policy and other information which we consider to be essential.
If you do not wish to receive Third Party Communications you can opt out by clicking the “unsubscribe” link in the footer of the communication or by contacting us and asking us to remove you from our Third Party Communications mailing list.
We may also provide a function in the App to allow you to withdraw your consent to receiving Direct Marketing from us and/or Approved Third Parties.
7. STORAGE OF PERSONAL INFORMATION
We will store your Personal Information for as long as your account remains active and as long thereafter as we are required or permitted by law to do so. We will delete or de-identify Personal Information upon your request, unless we are legally required to maintain it, if there is any active dispute between you and us or between you and another User or if we are required to retain the Personal information to fulfil our legal, financial, tax or other comparable obligations.
8. INTEGRITY OF PERSONAL INFORMATION
We will make all reasonable efforts to ensure that the Personal Information that we collect and deal with is accurate, up-to-date and complete.
We take reasonable steps to protect the Personal Information we hold from theft, misuse, interference, loss, and unauthorised access, modification or disclosure. However, we cannot guarantee the security of Personal Information.
If any Personal Information is stolen, misused, interfered with or lost, or has been accessed, modified or disclosed without authorisation, then we will comply with our legal obligations to report and manage the breach.
9. ACCESSING YOUR PERSONAL INFORMATION
You may request access to your Personal Information by contacting us.
If any of the Personal Information we hold for you is inaccurate, out of date, incomplete, irrelevant, misleading or otherwise incorrect, you may ask us to correct the Personal Information and we will do so as soon as reasonably practicable and within 14 days.
We will notify relevant third parties of any corrections to the Personal Information we hold where it is reasonable to do so.
If you wish to deactivate your account or delete all of your Personal Information please contact us and we will action this request as soon as reasonably practicable and within 14 days.
10. CHANGES
We reserve the right to change this Privacy Policy by publishing the updated Privacy Policy on our Website (which is accessible via the App) and those changes will take effect immediately when they are published. If we make any significant changes to this Privacy Policy we will notify you by displaying a notice in the App, sending you a push notification or an electronic communication.
11. COMPLAINTS
If you have a complaint about how we handle privacy, please contact us. We take all complaints seriously and will investigate.
For further information on the Australian Privacy Principles and Australian privacy law, see www.oaic.gov.au. To contact the Office of the Australian Information Commissioner, including to make a complaint about privacy, contact 1300 363 992 or enquiries@oaic.gov.au.
12. MISCELLANEOUS
Applicable law: Your use of the App is subject to the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under this Privacy Policy without our prior written consent.
Severability: If any paragraph or part thereof of this Privacy Policy is held to be invalid or unenforceable, it is to be read down or severed such that the remaining paragraphs and parts thereof will be enforced to the maximum extent possible. In such circumstances, the remainder of this Privacy Policy shall continue in full force and effect.
No waiver: In the event that we fail to enforce any provision of this Privacy Policy, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any paragraph or part thereof of this Privacy Policy will not constitute a waiver of rights under any other paragraph or part thereof.
No partnership or agency: Nothing in this Privacy Policy is intended to give rise to a partnership or agency relationship between you and us.
Notices: We may serve legal notices on you at the email address that you provide to us upon registration or that we receive from any Digital Platform (or such updated email address notified by you to us or to any Digital Platform). You may serve any legal notices on us at support@swappingchain.com (or such updated email address notified by us to you) or at SwapU Pty 12 Lynmouth st, Upper Mount Gravatt, QLD, AUS, 4122. Email notices will be deemed to have been received upon transmission confirmed by a delivery receipt. Hard copy notices sent by prepaid post in Australia will be deemed to have been received five (5) business days after posting.
Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and in addition to this Privacy Policy. This Privacy Policy does not alter, amend, revise or replace the terms of any other legal agreements you may have with us.
Disputes: If any dispute arises between you and us under this Privacy Policy we will try to resolve it directly between you and us before resorting to legal action and we ask that you do the same.
13. CONTACT US
You can contact us at:
The Privacy Officer
c/- SwapU Pty 12 Lynmouth st, Upper Mount Gravatt, QLD, AUS, 4122