Collection Channels

10. We collect and combine personal information in a number of ways through the following channels (each, a Collection Channel):

    a. through your use of the Being App including the word lists you create;
    b. through physical and other ad-hoc channels of collecting personal information in relation to events, activations, or promotions (such as through paper forms or tablets);
    c. our online properties, including:

    i. our websites,

    ii. any related Being App website, social media page, internal website, our Being App intranet, and
    d. any other means through which an individual provides personal information to us, including either physically or electronically.
    
    

Active Information Collection

11. Personal information may be collected and combined via our Collection Channels if you:

    a. sign-up and/or register to become a member of any Collection Channel, or provide your details to us or our clients via any Collection Channel;
    b. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
    c. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;
    d. complete and submit any forms or surveys provided to Being App, either physically or electronically;
    e. contact us or our clients directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on the App;
    f. participate in any events, offers, promotions, competitions or marketing activities of us, or our clients or service providers; or
    g. interact with our App for a specific purpose or generally
    
    
12. We may also collect your information through other legitimate third party sources including social media organisations, and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.


13. We may collect personal information from you in a passive manner including through the use of cookies and other tracking tools such as internet tags, tracking pixels, web beacons and unique device identifiers.

14. We may collect personal information including:

    a. your full name, contact details (such as your email address, phone number, address, contact preferences), location, and passwords you create;
    b. information about your preferences, interests, opinions, feedback and experiences with our products or services or the products;
    c. social media account usernames and information published on your social media accounts;
    d. enquiry and complaint details;
    e. information about your experience with Being App products or services or third party products or services in order to tailor our subsequent communications to you and continuously improve our products and services;
    f. the information you input into the App to enable us to perform our services to you primarily to provide you with curated lists of words based on your values, attitude and mindset.
    
    
15. When you visit the App, we may also collect personal information about you in the following general categories:
    a. usage and preference information: we collect information about how you interact with the Being App, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you;
    b. device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and

    i. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a website.
    a. any other personal information you provide directly to us. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy); and
    b. any other personal information requested or required by a Collection Channel.

Sensitive Information

16. We do not seek to collect sensitive information (or “special categories” of information under the GDPR).


17. If we do collect sensitive information, we will only do so with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection and will only share this information with our trusted third parties in the manner stated in this Privacy Policy.

Consequences of not providing personal information

18. No-one is obliged to provide personal information. However, failure to do so may result in us or our clients being unable to provide you with our or our clients’ goods, services, information, upcoming opportunity, promotion, event or product information, and other content, including where requested by you.

19. Personal information that we collect will be used for the following primary purposes:

    Providing services to you

    a. To fulfil our obligations in respect of providing services under our terms and conditions;

    Managing relationships

    b. to ensure that your personal information remains up-to-date and complete;
    c. so that we can contact you, including sending you any technical, administrative or legal notices;
    d. to otherwise maintain our relationship with you or the relationship between you and our clients, including providing after sales services and responding to enquiries;

    Special offers, marketing and advertising

    e. to provide you with early access to new releases, exclusive events, special offers, newsletters, events, promotions and activations of Being App, our clients or our trusted partners;
    f. to otherwise market to you (with direct marketing materials), via any medium including mail, telephone, commercial electronic messages (such as SMS, MMS, instant messaging, email, social media, mobile applications), or any other form of electronic, emerging, digital or conventional communications channel;
    g. to provide you with relevant and targeted advertising, including when you browse third party websites;

    Our App

    h. to maintain the functionality of the App, including customising the App based on your preferences; providing information to you relating to the content available on the App; to improve the App and system administration;

    Improving offerings to you and research

    i. to better understand and meet your needs and interests, to enable us to improve the nature of the goods and services we provide, to more accurately market our goods and services, and to research our customers;
    j. to obtain opinions or comments about products and/or services and to conduct other research and development;
    k. to record and analyse statistical and de-identified data for analysis including marketing analysis;
    l. to conduct market research including identifying likeminded individuals including through third party vendors such as Facebook or other social media websites;

    Miscellaneous

    m. to share personal information with our group companies and their related bodies corporate and agents, and other trusted third parties in the manner described in this Privacy Policy;
    n. for any further purposes stated in a particular Collection Channel;
    o. to undertake recruitment for us (if applicable);
    p. any other purpose as may be deemed reasonably necessary by us in the circumstances;
    q. as needed to satisfy any law, regulation or legal request; to protect the rights or property of Being App, or any member of the public; to protect the integrity of Apps; to fulfill your requests; or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by Being App

20. Being App group companies (and their directors, servants and agents), our promotional partners, our clients or trusted third parties (and other selected service providers and other non Being App companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.


21. Being App does not send advertising or marketing information without obtaining prior consent , for example consent provided by you when you accept this Privacy Policy. If you receive communications from us which you do not wish to receive, you may remove your name from the database either by using the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting our Privacy Officer as described above. Please allow 30 days for this request to be processed.

22. We do not share your personal information with our users or anyone else utilising the Being App product unless we otherwise provide in this Privacy Policy. Solely for the purposes described above, personal information may be shared with the entities below including their directors, servants and agents and related bodies corporate:
    a. our marketing and email sending partners;
    b. technical service providers, such as mail carriers, hosting providers, IT companies and communications agencies; and
    c. other trusted service providers, promotional partners and third parties.


23. These recipients may be engaged by us to perform a variety of functions, such as legal and accounting services, data storage, support services, conducting market research, assisting with promotions and providing technical services for our websites. These companies may have access to personal information if needed to perform such functions.


24. Some of the recipients of your personal information may be located overseas. Being App employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Being App. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. We will not be held responsible for events arising from unauthorised access to personal information except to the extent required by the relevant privacy laws.


25. If there are overseas recipients, they may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries or the recipient is overseas, we will protect that information as described in this Privacy Notice.


26. For individuals in the EU, please note that the recipients of your personal information may be located in countries in which the privacy or data protection laws differ from those of the European Union, and which are not the subject of an adequacy decision by the European Commission. For recipients of your personal information in Australia, appropriate or suitable safeguards over your personal data will be put in place, including through the standard data protection contract clauses approved by the European Commission. Please contact our Privacy Officer for more information.

Security

27. We take appropriate security measures to keep personal information secure and to prevent unauthorised access, disclosure, modification, misuse, interference or loss of personal SC2445.docx 28/11/2019 information. Being App, its employees and its subcontractors are obliged to respect the confidentiality of any personal information held by us.


28. We also take reasonable steps to keep personal information accurate, up to date, complete and relevant and we take reasonable steps to ensure it is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas. We retain your information only for as long as necessary for the purposes listed in this Privacy Policy. We will inform you about serious data breaches in accordance with the Privacy Act 1988 (Cth).

29. You have a number of rights under the Australian Privacy Law and the GDPR. These include:

    a. (access) to request access to your personal information from us, in a commonly used electronic format. On a case by case basis, we may determine that it is not legally required to give an individual access to personal information, in which case we will provide you with a written notice of its refusal to provide access;
    b. (erasure) to request that we erase your personal data. All reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to facilitate or provide you with information about certain services (including the uploading, access to, and receipt of content on a website or the Being App Application, and purchase transactions undertaken on a website);
    c. (objection and restriction) in some circumstances, to object to the use of your personal data by us and request that we restrict our use of your personal information; and
    d. (complaint) to lodge a complaint in relation to our processing of your personal data with a data protection supervisory authority under the GDPR.


30. To exercise these rights, please contact us at the contact details listed at the beginning of this Privacy Policy. Please allow for a reasonable amount of time for us to process your request, which will generally be up to 30 days.



31. If you are an individual in the EU, you have additional rights under the GDPR that you can exercise against the “controller” of your data. Where we are the controller of your data, your rights include:

    a. (access) to request that we transfer your personal information to another service provider of your choosing;
    b.(erasure) to request that we correct your personal information;
    c. (withdrawing consent) to withdraw your consent for us to use your personal information. Please note that you can also opt-out of online marketing communications at any time by using the unsubscribe feature in each electronic commercial message; and
    d. (complaint) to complain about a breach of the Australian Privacy Principles.

Anonymity and Pseudonymity

32. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our collection channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the personal information identified above. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.

Sale of the company

33. If Being App merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Children

34. Personal information will not be collected from any person who is known by Being App to be under the age of sixteen (16) without the consent of a parent or legal guardian or as has been provided to us lawfully by third parties, including our clients. Persons under age sixteen (16) may only use our Apps with the involvement and consent of a parent or legal guardian.

Passive Information Collection

35. As with many commercial websites (and mobile and tablet applications), we may also collect information which tells us about visitors to our websites. For example, we may collect information about the date, time and duration of visits and which pages of the App are most commonly accessed. By accessing the App via links in an email we have sent and/or by accessing the App generally including when you are logged into an account, you consent to the collection of such information where it is personal information.


36. As you navigate through our websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as cookies and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth) and the GDPR, dependent on the device used and the method by which an individual connects to the Internet.


37. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Being App and other websites

38. Our Apps may, from time to time, contain links to the websites of other organisations which may be of interest to you. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. We are not responsible, nor does it accept any liability, for the conduct of companies linked to our Apps.


39. We may use third party advertisements on our Apps. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by us or any of its affiliates. Being App is not responsible for the content (including representations) of any third party advertisement on a website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

User submissions

40. We may provide areas on the App where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publicly posted on our Apps, including without limitation, other social media Apps and other public forums in which you choose to participate. This information may become publicly available and may be read, collected and used by others outside of our Apps. We are not responsible for the conduct of others who may read, collect and use this information.