1.2. We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act 1988 (Cth) (the Act), the Australian Privacy Principles and other applicable laws.
2. What is Personal Information?
2.3. Personal Information may include your name, age, gender, location, postcode and contact details (including phone numbers and email addresses). It may include video or audio recordings of your voice or image, financial information, including your credit card information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then information will be considered Personal Information.
3. What Personal Information we collect and hold?
3.1. We collect the Personal Information that is required to deliver and utilise the Services. This may include Personal Information such as:
- Email address
- Telephone Number
- Date of Birth
User Content – some features of the Services will allow you to submit content (e.g., by uploading, recording or transmitting)
- Voice audio or other audio recording
- Video recording
- Transcription of audio or video recordings
4. What other information do we collect?
4.1. Data We Collect Automatically: When you interact with us through the Services, we receive and store certain information such as an IP address, device ID, and your activities within the Services. We may store such information or such information may be included in databases owned and maintained by affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site or users of our App, as well as the sites which refer visitors to Memento. This information is generally not linked to your identity.
4.2. Info through other Services: You may give us permission to collect your information in other services. For example, you may connect a social networking service such as Facebook to your Memento. When you do this, it allows us to obtain information from those accounts (for example, your friends or contacts).
5. How and why do we collect and use Personal Information?
5.1. The primary purpose for collecting your Personal Information is to enable us to perform and deliver the Services.
5.2. We generally collect Personal Information so we can provide you with access to the Services, comply with our contractual and other legal obligations, or administer our relationship with you by responding to your enquiries and providing you with information.
5.3. We collect your Personal Information directly unless it is unreasonable or impractical to do so. We do this in ways including:
- when you access and use our Services;
- throughout the user experience when you are asked to respond to certain questions and prompts whilst using the Services; and
- when you submit and/or upload your content onto the App
5.4. We do not trade in Personal Information.
6. What Happens if we Can’t Collect your Personal Information?
6.1. We may not be able to use or access our Services effectively if you choose not to provide us with Personal Information.
7. How we disclose your Personal Information?
7.1. We may disclose your Personal Information to:
a) our employees, contractors, licensees or external service providers for the operation of our Platform or our business, including without limitation IT systems administrators or payment processors such as PayPal;
b) specific third parties that you authorise to receive your Personal Information;
c) the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator if we reasonably believe that disclosure is necessary; or
d) as required or permitted by any law (including the Act or the GDPR).
7.2. We will not transfer your Personal Information to a third party service provider or a country outside Australia unless we believe they have reasonable and adequate controls in place including the security of your Personal Information.
7.3. We make no representations or warranties in relation to the privacy practices of any external third party service providers and we are not responsible for the privacy policies or the content of any external third party service provider.
8. Direct Marketing Materials
8.1. We may use your Personal Information to contact you with updates that may be of interest to you, news or promotional materials. You can opt out of receiving these communications from us at any time by clicking the “unsubscribe” link in the email.
8.2. These communications may be sent by email in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth).
9. How Can You Access and Correct Your Personal Information?
9.1. Please write us at firstname.lastname@example.org with an explanation of what data subject right you are seeking to exercise. For your protection, we may take steps to verify identity before responding to your request. We will not charge you for making a request and will not charge you for making any corrections to your Personal Information.
10. How we make sure your Personal Information is secure?
10.1. We will take all reasonable steps to protect the Personal Information that we hold from misuse, loss, or unauthorised access including by means of firewalls, password access, secure servers and SSL transmission.
10.2. If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please let us know immediately.
10.3. If we suspect any misuse or loss of, or unauthorised access to, your Personal Information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Act.
10.4. If we receive unsolicited Personal Information that we are not allowed to collect, we will destroy or de-identify the unsolicited Personal Information as soon as practicable if it is lawful and reasonable to do so.
10.5. We will destroy or attempt to de-identify your Personal Information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.
11. Our legal bases for handling your Personal information.
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
- To honour our contractual commitments to you: For example, we handle personal data on this basis to create your account and provide our Services.
- Legitimate interests: In many cases, we handle personal information because it helps our legitimate interests in ways that don’t needlessly impact the interests or fundamental rights and freedoms of the affected individuals: This includes:
- Providing a safe and enjoyable user experience;
- Customer service;
- Marketing, e.g. sending emails or other communications to let you know about new features;
- Protecting our users, personnel, and property;
- Analysing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features;
- Legal compliance: We need to use and disclose personal information in certain ways to comply with our legal obligations.
- To protect the vital interests of the individual or others: For example, we may collect or share personal data to help resolve an urgent medical situation.
- Consent: Where required by law, and in some other cases, we handle personal information on the basis of your implied or express consent.
12. How Can You Complain About Privacy Breaches?
12.2. If you are not satisfied with the outcome of our investigation, then you may request that an independent authority investigate your complaint.
13. Contact us