YOURKIND - PRIVACY POLICY
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YOURKIND
PRIVACY POLICY
1 PURPOSE OF OUR POLICY
1.1 YourKind Pty Ltd ABN 31 663 959 448 (we, us or our) has adopted this Privacy Policy
to ensure that we have standards in place to protect the Personal Information that we
collect about individuals that is necessary and incidental to:
(a) Providing the system and services that we offer; and
(b) The normal day-to-day operations of our business.
1.2 This Privacy Policy follows the standards of both:
(a) The Australian Privacy Principles set by the Australian Government for the
handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy
Act); and
(b) The regulations and principles set by the European Union’s General Data
Protection Regulation (GDPR) for the handling of Personal Data.
1.3 By publishing this Privacy Policy, we aim to make it easy for our customers and the
public to understand what Personal Information we collect and store, why we do so,
how we receive, obtain, store and/or use that information, and the rights of control an
individual has with respect to their Personal Information in our possession.
2 WHO AND WHAT THIS POLICY APPLIES TO
2.1 Our Privacy Policy deals with how we handle “personal information” and “personal
data” as it is defined in the Privacy Act and the GDPR respectively (Personal
Information).
2.2 We handle Personal Information in our own right and also for and on behalf of our
customers and users.
2.3 Our Privacy Policy does not apply to information we collect about businesses or
companies, however it does apply to information about the people in those businesses
or companies which we store.
2.4 The Privacy Policy applies to all forms of information, physical and digital, whether
collected or stored electronically or in hardcopy.
2.5 If, at any time, an individual provides Personal Information or other information about
someone other than himself or herself, the individual warrants that they have that
person’s consent to provide such information for the purpose specified.
2.6 We consider the protection of privacy of children very important. We do not knowingly
collect personal data from children under the age of 13. If we learn that Personal
Information has been collected on the service from persons under 13 years of age,
then we will take the appropriate steps to delete such information.
3 THE INFORMATION WE COLLECT
3.1 Without limitation, the type of information we may collect includes:
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(a) Personal Information. We may collect personal details such as an individual’s
name, mobile number, location, date of birth, gender identity, nationality, family
details and other information defined as “Personal Information” in the Privacy
Act that allows us to identify who the individual is;
(b) Contact Information. We may collect information such as an individual’s
email address, telephone & fax number, third-party usernames, residential,
business and postal address and other information that allows us to contact
the individual;
(c) Financial Information. We may collect financial information related to an
individual such as any bank or credit card details used to transact with us and
other information that allows us to transact with the individual and/or provide
them with our services;
(d) Statistical Information. We may collect information about an individual’s
online and offline preferences, habits, movements, trends, decisions,
associations, memberships, finances, purchases and other information for
statistical purposes; and
(e) Information an individual sends us. We may collect any personal
correspondence that an individual sends us, or that is sent to us by others
about the individual’s activities.
3.2 We may collect other Personal Information about an individual, which we will maintain
in accordance with this Privacy Policy.
3.3 We may also collect non-Personal Information about an individual such as information
regarding their computer, network and browser. Where non-Personal Information is
collected the Australian Privacy Principles and the GDPR do not apply.
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of our online
social platform and/or marketplace (YourKind) an enquiry about YourKind or generally
dealing with us. However, we may also receive Personal Information from sources
such as advertising, an individual’s own promotions, public records, mailing lists,
contractors, staff, recruitment agencies and our business partners. In particular,
information is likely to be collected as follows:
(a) Registrations/Subscriptions. When an individual registers or subscribes for
a service, account, connection or other process whereby they enter Personal
Information details in order to receive or access something, including a
transaction;
(b) Purchases. When an individual purchases digital products and/or services
from YourKind whereby they enter Personal Information details in order to
complete the order;
(c) Supply. When an individual supplies us with goods or services;
(d) Contact. When an individual contacts us in any way;
(e) Access. When an individual accesses us physically we may require them to
provide us with details for us to permit them such access. When an individual
accesses us through the internet we may collect information using cookies (if
relevant – an individual can adjust their browser’s setting to accept or reject
cookies) or analytical services; and/or
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(f) Pixel Tags. Pixel tags enable us to send email messages in a format
customers can read and they tell us whether mail has been opened.
4.2 As there are many circumstances in which we may collect information both
electronically and physically, we will endeavour to ensure that an individual is always
aware of when their Personal Information is being collected.
4.3 Where we obtain Personal Information without an individual’s knowledge (such as by
accidental acquisition from a client) we will either delete/destroy the information, or
inform the individual that we hold such information, in accordance with the Australian
Privacy Principles and the GDPR.
5 WHEN PERSONAL INFORMATION IS USED & DISCLOSED
5.1 In general, the primary principle is that we will not use any Personal Information other
than for the purpose for which it was collected other than with the individual’s
permission. The purpose of collection is determined by the circumstances in which the
information was collected and/or submitted.
5.2 We will only process Personal Information when we can identify a lawful basis to do
so. It is always our responsibility to ensure that we can demonstrate which lawful basis
applies to the particular processing purpose.
5.3 The most common lawful bases relied upon are:
(a) Consent: we will only rely upon express, clear and informed consent. Any
consent provided may specify and/or restrict the purpose and can be
withdrawn at any time without penalty. We will keep a record of when and how
we got consent from an individual.
(b) Legitimate interests: we will only rely upon an identifiable legitimate interest
where we can demonstrate that the processing of Personal Information is
necessary to achieve it by balancing it against the individual’s interests, rights
and freedoms. We will keep a record of our legitimate interests’ assessments.
5.4 For avoidance of doubt, where you create, enter, or upload Personal Information,
including from the creation of a profile within YourKind, you are expressly consenting
to our processing of this Personal Information to perform the functions of YourKind and
making it available to other users.
5.5 We will retain Personal Information for the period necessary to fulfil the purposes
outlined in this Privacy Policy unless a longer retention period is required or permitted
by law.
5.6 If it is necessary for us to disclose an individual’s Personal Information to third parties
in a manner compliant with the Australian Privacy Principles and the GDPR in the
course of our business, we will inform you that we intend to do so, or have done so, as
soon as practical.
5.7 Information is used to enable us to operate our business, especially as it relates to an
individual. This may include:
(a) The provision of goods and services between an individual and us;
(b) Verifying an individual’s identity;
(c) Communicating with an individual about:
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i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions to customers and prospects;
iv The products and services of third-party service providers;
v Competitions, surveys and questionnaires;
(d) Investigating any complaints about or made by an individual, or if we have
reason to suspect that an individual is in breach of any of our terms and
conditions or that an individual is or has been otherwise engaged in any
unlawful activity; and/or
(e) As required or permitted by any law (including the Privacy Act).
5.8 To confirm, we may send promotional and non-promotional push notifications or alerts
or communications to you about products, services, offers, promotions, and events
offered by us and others, and provide news and information we think will be of interest
to you, which may include paid advertising of third-party service providers.
5.9 The individual shall have the right to object at any time to the processing of their
Personal Information for direct marketing purposes, which includes profiling to the
extent that it is related to such direct marketing. If we receive such a request, we will
stop the processing of Personal Information for direct marketing purposes immediately
without charge or penalty. Alternatively you can deactivate these communications at
any time by changing the notification settings on your mobile device.
5.10 Please note that if you opt out of receiving promotional communications from us, we
may still send you other communications regarding the use of YourKind such as
regarding your account or subscription with us.
5.11 There are some circumstances in which we must disclose an individual’s information:
(a) Where we reasonably believe that an individual may be engaged in fraudulent,
deceptive or unlawful activity that a governmental authority should be made
aware of;
(b) As required by any law (including the Privacy Act); and/or
(c) In order to sell our business (in that we may need to transfer Personal
Information to a new owner).
5.12 We will not disclose an individual’s Personal Information to any entity outside of
Australia that is in a jurisdiction that does not have a similar regime to the Australian
Privacy Principles or an implemented and enforceable privacy policy similar to this
Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity
outside of Australia will not be made until that entity has agreed in writing with us to
safeguard Personal Information as we do.
5.13 We may utilise third-party service providers to communicate with an individual and to
store contact details about an individual. These service providers may be located
outside of Australia.
5.14 An individual who uses YourKind from outside of Australia will be sending information
(including Personal Information) to Australia where our servers are located. That
information may then be transferred within Australia or back out of Australia to other
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countries outside of the individual’s country of residence, depending on the type of
information and how it is stored by us. These countries may not necessarily have data
protection laws as comprehensive or protective as those in your country of residence,
however our collection, storage and use of Personal Information will at all times
continue to be governed by this Privacy Policy.
6 OPTING “IN” OR “OUT”
6.1 An individual may opt to not have us collect and/or process their Personal Information.
This may prevent us from offering them some or all of our services and may terminate
their access to some or all of the services they access with or through us. They will be
aware of this when:
(a) Opt In. Where relevant, the individual will have the right to choose to have
information collected and/or receive information from us (for clarity, consent
must involve an unambiguous positive action to opt in); or
(b) Opt Out. Where relevant, the individual will have the right to choose to exclude
himself or herself from some or all collection of information and/or receiving
information from us.
6.2 If an individual believes that they have received information from us that they did not
opt in or out to receive, they should contact us using the details as set out in section
11 below.
7 THE SAFETY & SECURITY OF PERSONAL INFORMATION
7.1 We may appoint a Data Protection Officer to oversee the management of this Privacy
Policy and compliance with the Australian Privacy Principles, the Privacy Act and the
GDPR. This officer may have other duties within our business and also be assisted by
internal and external professionals and advisors.
7.2 We will take all reasonable precautions to protect an individual’s Personal Information
from unauthorised access. This includes appropriately securing our physical facilities
and electronic networks.
7.3 We use SSL encryption to store and transfer Personal Information. Despite this, the
security of online transactions and the security of communications sent by electronic
means or by post cannot be guaranteed. Each individual that provides information to
us via the internet or by post does so at their own risk. We cannot accept responsibility
for misuse or loss of, or unauthorised access to, Personal Information where the
security of information is not within our control.
7.4 We are not responsible for the privacy or security practices of any third party (including
third parties that we are permitted to disclose an individual’s Personal Information to in
accordance with this policy or any applicable laws), unless otherwise required by the
Privacy Act and the GDPR. The collection and use of an individual’s information by
such third parties may be subject to separate privacy and security policies.
7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their
Personal Information, they should let us know immediately.
7.6 We are not liable for any loss, damage or claim arising out of another person’s use of
the Personal Information where we were authorised to provide that person with the
Personal Information.
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7.7 Where there is a breach of security leading to the accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:
(a) We will immediately establish the likelihood and severity of the resulting risk to
wider rights and freedoms of natural persons;
(b) If we determine there is a risk from the security breach, then we will
immediately notify the relevant supervisory authority and provide all relevant
information on the particular breach, and by no later than 72 hours after having
first become aware of the breach;
(c) If we determine there is a high risk from the security breach (a higher threshold
than set for notifying supervisory authorities), we will immediately notify the
affected individuals and provide all relevant information on the particular
breach without undue delay.
7.8 We will document the facts relating to any security breach, its effects and the remedial
action taken, and investigate the cause of the breach and how to prevent similar
situations in the future.
8 HOW TO ACCESS, UPDATE AND/OR REMOVE INFORMATION
8.1 Users of YourKind may update their Personal Information from within their account or
profile at any time to ensure it is accurate and complete.
8.2 Subject to the Australian Privacy Principles and the GDPR, an individual has the right
to request from us the Personal Information that we have about them, and we have an
obligation to provide them with such information as soon as practicable, and by no later
than 28 days of receiving the written request. The individual is free to retain and reuse
their Personal Information for their own purposes. We may be required to transmit the
Personal Information directly to another organisation if this is technically feasible.
8.3 If an individual cannot update their own information, we will correct any errors in the
Personal Information we hold about an individual within 28 days of receiving written
notice from them about those errors, or two months where the request for rectification
is complex.
8.4 It is an individual’s responsibility to provide us with accurate and truthful Personal
Information. We cannot be liable for any information that is provided to us that is
incorrect.
8.5 Where a request to access Personal Information is manifestly unfounded, excessive
and/or repetitive, we may refuse to respond or charge an individual a reasonable fee
for our costs incurred in meeting any of their requests to disclose the Personal
Information we hold about them. Where we refuse to respond to a request, we will
explain why to the individual, informing them of their right to complain to the supervisory
authority and to a judicial remedy without undue delay and at the latest within 28 days.
8.6 We may be required to delete or remove all Personal Information we have on an
individual upon request in the following circumstances:
(a) Where the Personal Information is no longer necessary in relation to the
purpose for which it was originally collected and/or processed;
(b) When the individual withdraws consent;
(c) When the individual objects to the processing and there is no overriding
legitimate interest for continuing the processing;
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(d) The processing of the Personal Information was otherwise in breach of the
GDPR;
(e) The Personal Information has to be erased in order to comply with a legal
obligation; and/or
(f) The Personal Information is in relation to a child.
8.7 We may refuse to delete or remove all Personal Information we have on an individual
where the Personal Information was processed for the following reasons:
(a) To exercise the right of freedom of expression and information;
(b) To comply with a legal obligation for the performance of a public interest task
or exercise of official authority.
(c) For public health purposes in the public interest;
(d) Archiving purposes in the public interest, scientific research historical research
or statistical purposes; or
(e) The exercise or defence of legal claims.
9 COMPLAINTS AND DISPUTES
9.1 If an individual has a complaint about our handling of their Personal Information, they
should address their complaint in writing to the details below.
9.2 If we have a dispute regarding an individual’s Personal Information, we both should
first attempt to resolve the issue directly between us.
9.3 An individual shall have the right to seek a judicial remedy where he or she considers
that his or her rights under the GDPR have been infringed as a result of the processing
of his or her Personal Information in non-compliance with the GDPR. Any proceedings
should be commenced in New South Wales, Australia, where we are established.
9.4 If we become aware of any unauthorised access to an individual’s Personal Information
we will inform them at the earliest practical opportunity once we have established what
was accessed and how it was accessed.
10 CONTACTING INDIVIDUALS
10.1 From time to time, we may send an individual important notices, such as changes to
our terms, conditions and policies. Where such information is materially important to
the individual’s interaction with us, they may not opt out of receiving these
communications.
11 CONTACTING US
11.1 All correspondence with regards to privacy should be addressed to:
Data Protection Officer
YourKind Pty Ltd
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You may contact the Data Protection Offer via email in the first instance.
12 ADDITIONS TO THIS POLICY
12.1 If we decide to change this Privacy Policy, we will post the changes on our webpage
at https://www.yourkind.io/policies. Please refer back to this Privacy Policy to review
any amendments.
12.2 We may do things in addition to what is stated in this Privacy Policy to comply with the
Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy shall
deem us to have not complied with the Australian Privacy Principles and the GDPR.