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PRIVACY POLICY

Last Updated: 21st April 2022

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website and mobile application (Site). In this Privacy Policy we, us or our means YAP-IT Pty Limited (96 621 252 355).

Personal information

The types of personal information we may collect about you include:

    • your name;
    • images of you;
    • your contact details, including email address, mailing address and/or telephone number;
    • your demographic information, such as postcode;
    • your preferences and/or opinions;
    • information you provide to us through customer surveys;
    • details of products and services we have provided to you and/or that you have enquired about, and our response to you;
    • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
    • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
    • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
    • any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

    • to enable you to access and use our Site, associated applications and associated social media platforms;
    • to contact and communicate with you;
    • for internal record keeping and administrative purposes;
    • for analytics, market research and business development, including to operate and improve our Site, 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;
    • to comply with our legal obligations and resolve any disputes that we may have; and

    • to consider your employment application.

Deletion and removal of personal information

A user has the right to request that their personal information be deleted. If at any time a user wishes to have such information deleted, they can email; hello@kulcha.app and the information will be deleted as quickly as reasonably possible.

Disclosure of personal information to third parties

We may disclose personal information to:

    • third party service providers for the purpose of enabling them to provide their services, including (without limitation) 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;

    • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
    • 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, AWS and others. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

Information from Other Sources

We also may periodically obtain information about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you. For example, if you visit Kulcha by “clicking through” from a site operated by one of our business partners, and you have registered with that partner, then information about you that you have provided to that partner may be shared with us, such as contact information and demographic information. As another example, if you access third party services, such as social media services, through our app or before coming to our app, we may collect information such as your user name, password, and other information made available to us through those services. We will work with our existing partners and potential future partners to improve and personalise your use of our app in accordance with the practices outlined in this Privacy Policy.

We have partnered with Facebook to provide personalised content on Kulcha for members of Facebook. If you are logged into Facebook and Kulcha, Kulcha will be personalised for you when you visit the app, even if you are a first-time user of Kulcha.

For example, we will show you recommendations that your Facebook friends have favourited on Kulcha and places they have visited. In order to provide you with this personalised experience, Facebook provides us with information that you have chosen to make available pursuant to your Facebook privacy settings. That information may include your name, email, profile picture, friend lists and any other information you have chosen to make available.

If you decide to turn off personalisation, you can do so by first logging into Facebook and selecting “Settings and Privacy”, then selecting “Settings” from the drop-down list. From the setting options, select “App and websites”. In the results find Kulcha and select “Remove”. You can also turn off personalisation by editing your app settings on Facebook. Please note that if you have Facebook friends who are using Kulcha, they may also have shared information about you with us through Facebook. If you wish to prevent that sharing, you can do so by editing your Facebook privacy settings.

Your rights and controlling your personal information

Account Creation: When you create a user account, we may collect your name, phone number, email address, picture, username, and password. You also have the option to upload your phone’s contacts, which will be used to find friends using the Service and follow them.

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

From third-party login services: If you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email address, profile picture, and your contacts stored in that service.

Restrict: You may choose to restrict the collection or use of your personal information.  If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information.  In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information 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 information 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 Site 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 Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site 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.

Links to other websites

Our Site 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 information which you provide whilst 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 by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

YAP-IT Pty Limited ABN 96 621 252 355

Email: hello@kulcha.app