2.2 This Policy is intended to describe what information we collect; how we use it; and under what circumstances, if any, we disclose it. Please read this policy before using the Services or submitting any Personal Information. By using the Services, you are accepting the practices described in this policy.
2.3 We are committed to safeguarding your Personal Information that we may collect or hold from time to time in accordance with those principles.
2.5 We will not disclose your Personal Information collected about you otherwise than:
(b) for a purpose you would reasonably expect; or
(c)for a purpose required or permitted by law; or
(d) for a purpose otherwise disclosed to or permitted by you.
2.6 In the event of any inconsistency between the provisions of this Policy and those other disclosures, the other disclosures will prevail.
2.7 This Policy applies to the use of Our Services only. The Services may contain links other third party services, including, without limitation, services provided by Our Payment Gateway Partner (Stripe), which are not owned or controlled by us. We disclaim any liability in relation to the use of your Personal Information by Third Parties, and you agree to indemnify and hold Those Indemnified harmless against any loss, cost, expense, damage or liability which may be incurred as a result of, or in relation to, or in connection with any Third Party’s use of your Personal Information contrary to this Policy, whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
3. Collection of Personal Information
3.1 We will not ordinarily collect any Personal Information about you except where you provide it to us or it is provided to us with your authority.
3,2 In order to use the Services, we may request certain Personal Information from you on the registration form when you create your Account, or when you login to WishSprout via Facebook.
3.3 We collect certain Personal Information from you upon registration, which includes, but is not limited to:
(a) user name;
(b) date of birth;
(d) email address;
(e) country of residence;
(f) Stripe authentication key;
(g) Stripe credit card token;
(h) your credit card details; and
(i) your bank account information.
3.4 Personal Information which you provide will be used and disclosed in accordance with this Policy or otherwise in accordance with your express consent.
3.5 We will make every effort to advise you of the purposes for which we are required to collect your Personal Information before that Personal Information is to be collected.
3.6 We also use internet protocol addresses, browser information, operating system information and other information which does not identify you personally but which tracks your usage of the Services (“Statistical Information”).
3.7 We will collect Personal Information directly from you when you complete an online form upon registering an Account, or deal with us directly through any means, including via our ‘connect with Facebook’ feature, whether by telephone or email, or when you use the Services for any reason.
3.9 We generally collect Personal Information when it is voluntarily submitted you. This Personal Information is generally used and/or disclosed to fulfil your specific request to:
(a) register for an Account to use the Services; or
(b) connect and interact with other users, including (without limitation) to Donate to a Campaign; or
(c) contact you.
In the event that we receive unsolicited information about you, it will only be collected where:
(a) it is reasonably necessary for one or more of our functions or activities; and
(b) we obtain your consent; or
(c) it is authorised or required under an Australian law or a court/tribunal order; or
(d) it is otherwise permitted by the Privacy Act 1988 (Cth) (the “Act”).
3.11 Where Clause 3.10 does not apply, we will destroy any unsolicited Personal Information that we receive.
3.12 Notwithstanding Clause 3.8 above, we may also collect Personal Information about you, or Statistical Information from third parties, including, without limitation, your Stripe authentication key or your Stripe credit card token in order for a Donor’s payment to be charged.
3.13 When you make payment or donation via credit card, our Payment Gateway Partner, WIshSprout uses a secure token generated for the credit card by our Payment Gateway Partner, Stripe to process the payment. The secure token of your credit card may be stored by WishSprout should you choose to optionally allow us to store it via a checkbox upon making a payment or a donation. This feature allows you to store your credit card details with us for future donations.
3.14 Where required by law, we will obtain your consent to collect Personal Information from third party sources and combine that information with the Personal Information which we have collected directly from you.
3.15 We only collect Personal Information about you that are necessary for our functions and activities. The collection of your Personal Information is necessary for us to provide the Services for you.
3.16 Additionally, the purposes for which we will generally collect and use your Personal Information will include:
(a) complying with legislative and regulatory requirements;
(b) performing our administrative operations, including accounting, risk management, record keeping, archiving, and development and testing;
3.17 We advise that tracking technologies are used on the Service in order to collect and collate Statistical Information. Each time you use our Services or login to your Account, we record the date and time of access to your Account and other information such as your browser type, operating system and, if you allow our Services to track the physical location of your mobile device, such physical location will also be recorded. Such tracking technologies cannot collect Personal Information unless you have previously shared them through our Services.
3.18 If you register an Account or continue to use the Services, you agree to our use of tracking technologies to track your usage.
4. Personal Information about third parties
5. Usage, Storage and Disclosure of Personal Information
5.3 Unless otherwise specified or required by law, where you voluntarily initiate contact with other users, or make a Donation to their Campaign, you authorise us to disclose necessary Personal Information to other users, including your name, and your WishSprout Account (including any information publicly displayed therein), unless you choose to do so anonymously by selecting the relevant option at the time you choose to Donate.
5.5 We may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by law, the types of third parties to whom we may disclose your Personal Information may include:
(a) our agents, contractors and external advisors whom we engage from time to time to carry out, or advise on, our functions and activities;
(b) regulatory bodies, government agencies, law enforcement agencies and courts;
(c) other organisations with whom we have alliances or arrangements for the purpose of promoting our Services (and any agents used by us and our business partners in administering such an arrangement or alliance);
(d) our legal or financial advisors;
(e) debt collecting agencies; or
(f) external payment systems operators (such as Stripe);
5.7 We reserve the right to disclose Statistical Information to third parties including, without limitation, to analytics companies and business partners, to help us understand usage patterns, to assist in product development and for advertising purposes.
5.8 We reserve the right to disclose Personal Information and Statistical Information with third parties where such disclosure is required by law, or when we reasonably believe in good faith that such disclosure is necessary to protect our rights or to comply with a judicial proceeding or legal process served upon us.
(a) we believe on reasonable grounds that the overseas recipient is bound by legislation or regulation that is substantially similar to the Act which can be enforced against the overseas recipient; or
(b) you give us an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian law; or
(c) the disclosure to an overseas recipient is authorised or required by Australian law or a court or tribunal order; or
(d) it is permitted by the Act.
5.12 We may disclose both Personal Information and Statistical Information to a third party in a business transaction such as a merger with or acquisition by another company, or the sale of all or a substantial portion of our assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, we will notify you via an email sent to the email address which you provide to us in your Profile.
5.13 All information that you provide to us is stored with Google Cloud Platform, https://cloud.google.com/.
6. Your access to your Personal Information
6.1 You may access, correct or update any of your Personal Information which we have on you by logging in to your Account.
6.2 Where you are unable to access, correct or update your Personal Information, please notify us in writing in order that we may enable you to access, correct or update your Personal Information.
7. Security of Your Personal Information
7.1 We will use all reasonable efforts to keep secure your Personal Information and Statistical Information that we collect and maintain. Only our authorised employees, agents and contractors will have access to this information. We will maintain strict procedures and generally accepted industry standards and take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information. We will take all reasonable steps to protect your Personal Information from misuse and loss.
7.2 Notwithstanding clause 7.1 above, no data transmission over the internet can be guaranteed as fully secure and accordingly, we cannot guarantee or warrant the security of any information you provide through the use of our Services. You understand that any information you send over the internet is at your own risk.
7.3 Notwithstanding the termination of your Profile with us, you consent to our holding your Personal Information for the continuation of your Profile with us and for the duration of seven (7) years subsequent to the termination or deletion of your Profile.
7.4 Your Personal Information will be destroyed or de-identified after the seven (7) year period referred to in Clause 7.3 has passed, provided that:
(a) you do not owe us any money; and
(b) there are no legal proceedings instituted against you for which we may be required to give evidence; or
7.5 Subject to our reserved rights to disclose and use your Personal Information and Statistical Information described in clause 5 above, we will limit access to your Personal Information to employees to whom we believe there is a reasonable need for us to disclose your Personal Information and Statistical Information in order for them to perform their duties.
8. Complaints about breaches of privacy
10. Third parties
10.2 You agree to indemnify and hold Those Indemnified harmless from and against any damage, loss, cost (including, without limitation, settlement costs), expense (including reasonable legal costs and expenses), damage or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against Those Indemnified as a result of, in connection with or in relation to the use of your Personal Information by third parties, whether such damage, loss, cost, expense, damage or liability is actual contingent, present or future, quantified or unquantified.