AMITY MESSENGER PTY LTD

PRIVACY POLICY

We are committed to protecting the privacy of your personal information. We believe it is important to be transparent about the personal information we collect from you, and to give you meaningful control over both. In this Privacy Policy, we set out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, whether through our website or through our mobile app (both referred to as "Platform"). In this Privacy Policy we, us or our means Amity Messenger Pty Ltd ABN 79 612 862 763.

We recommend that you read this Privacy Policy in full and ensure that you understand it, however here are key points to remember:

  • Our Platform allows you to communicate both privately and publicly. Either way you choose to communicate, your conversation will immediately be viewable to another viewer/s.
  • When you use the Platform, even if you are just reviewing posts posted to a community, we receive some personal information from you, including your IP address.
  • You have control over how you share your personal information with us. You can do this through the settings in your account.
  • If you have questions about this Privacy Policy or how we protect your personal information, please contact us at any time. You can find our contact details at the bottom of this document.

What types of personal information do we collect from you?

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

  • your name;
  • images of you;
  • your phone number;
  • email address;
  • information about your device and how you interact with our Platform using your device;
  • your location (should you choose to share it on the application);
  • your IP address and location information derived from it;
  • any other personal information that users share within our platform, on their own accord. This can be information shared within messages to other users, groups, communities, posts and comments;
  • your preferences and/or opinions;
  • statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • additional personal information that you provide to us, directly or indirectly, through your use of our Platform, 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.

How is your personal information used?

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

  • your name, images and contact details: We use these details to create your account on our Platform, to contact and communicate with you (including to send you push notifications if you consent) and for internal record keeping purposes; and
  • information about your device, the location of the device and information about your use of our platform: We use this information for statistical purposes and to improve our Platform. We may use your location data or data about where you have previously used the Platform to customise the Platform to you, including to provide you with suggestions about local trends or relevant communities to follow.

For further information on what personal information is public, how we deal with your contact information and private messaging, please see the below.

Public information

Most activity on the Platform is public, including your profile details such as first name, last name, email (phone number is private, not public), photo, communities that the user has joined is not public, Other information, such as the communities you follow, may also be public. Any comments or reactions you leave in a community are immediately public and will remain in that community forum until your account is deleted.

You are responsible for the content you submit to us, and you should think carefully about what you choose to make public, especially if it is sensitive information. If you update your public information on the Platform, we will reflect this updated content on the Platform.

Contact information

As outlined above, we use your contact information to authenticate your account on the Platform and to keep it and our services secure and to help prevent spam, fraud and abuse. We also use contact details to personalise our services or to enable certain account features. You can use your account settings to control how we deal with your contact information.

You can also choose to sync your contacts/address book on the Platform to enable us to find your contacts for you. This is also useful for us to recommend certain content to you.

If you sign up to our Platform using another service, such as Facebook, we may also receive certain information from these third party services, including your email address, friends, or contact lists.

Private messages with other users

The Platform offers features that allows you to communicate privately, or to control who sees your content. When you contact others using direct messages, we store and process your communications and information related to them.

Please remember that when you use features such as direct messaging, the recipient/s of your communications have their own copy of the conversation, even if you delete the messages from your account.

Our Platform across your devices

When you access our Platform on a browser or one of your devices, we may associate that browser or that device with your account for security and authentication purposes.

Legal bases for processing (for European Economic Area users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws.  The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

  • it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract;
  • it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services and to protect our legal rights and interests;
  • you give us consent to do so for a specific purpose (for example we might ask for consent in order to provide you with our services, provide customer support and personalised features); or
  • we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services.

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;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • 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; and
  • third parties to collect and process data, such as Google Analytics or other relevant businesses.

The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to 'processing' in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Where the disclosure of your personal information is subject to the GDPR, you acknowledge that there are risks if the third party outside the EEA engages in any act or practice that would contravene the GDPR and where there is no adequacy decision in place with the country outside the EEA or appropriate safeguards in place with the third party.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.

We don't collect sensitive information from you but the nature of the Platform means that you can share sensitive information with others if you wish. Please think carefully about any information you share about yourself with others, especially if this information is sensitive. You may never share another person's sensitive information without their consent.

Your rights and controlling your personal information

We give you control through your account settings to limit the data we collect from you and how we use it, and to control matters such as account security, apps that can access your account, and contacts that you may have uploaded to the Platform.

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian's permission to access and use the Platform and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Platform 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.

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. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Platform.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

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 a privacy law 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 such as the pseudonymisation and encryption of personal information, to safeguard and secure 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 Platform 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 Platform with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Platform 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.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see policies.google.com/technologies/partner-sites or any other URL Google may use from time to time.

Links to other websites

Our Platform 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. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

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

Amity Messenger Pty Ltd ABN 79 612 862 763

Email: support@amity.io

Last update: 13 July 2018

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