Privacy Policy

This Privacy Policy is set forth on behalf of the UpKrowd Group, which comprises:

• Kamio Pty Ltd ACN 620 109 499;
("UpKrowd", "we", “our" or "us")

1. We respect your privacy

1.1. Kamio Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

1.3. This Privacy Policy will outline:

  • (a) The kind of information Kamio Pty Ltd may collect about you;
  • (b) How Kamio Pty Ltd uses and discloses your personal information;
  • (c) How Kamio Pty Ltd secures your personal information;
  • (d) Your rights to access and correct personal information held about you;
  • (e) If you are from the EU, your rights under the GDPR.

1.4. You may contact us in writing at Level 2, 56 Claremont Street, South Yarra, Victoria, 3141 for further information about this Privacy Policy.

2. What personal information is collected

2.1. “Personal Information" is defined in the Privacy Act as “any information or an opinion, whether or not trust, an whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable." Personal information may include:

  • Your name and address;
  • Your date of birth;
  • Your email address or identification number;
  • Your opinions, including your likes and dislikes

2.2. Some personal information may be considered to be “sensitive information". Sensitive information is particularly delicate and generally afforded a higher level of privacy information. Sensitive information may include:

  • Racial or ethnic origin;
  • Religious beliefs or affiliations;
  • Health or medical information;
  • Membership of a political association, professional or trade association or trade union;
  • Criminal records;
  • Sexual orientation or practices; and
  • Genetic information.

3. How we collect your personal information

3.1. Kamio Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

3.2. Kamio Pty Ltd may, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

3.3. This may also include where you:

  • provide feedback;
  • provide information about your personal or business affairs;
  • change your content or email preference;
  • respond to surveys and/or promotions;
  • provide financial or credit card information; or
  • communicate with our customer support.

3.2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

3.3 You may withdraw your consent by notifying us in writing via the contact details stated in this Privacy Policy. Please be aware that by withdrawing your consent, this may inhibit the ability of Kamio Pty Ltd to continue providing you with our products or services.

3.4. If you withhold your personal information, it may not be possible for you to gain full access to our website, new and additional products, services and opportunities available to you.

4. How we use your personal information

4.1. Kamio Pty Ltd may use personal information collected from you to provide you with information about our products or services, provide any updates or process your product or service order.

4.2. Kamio Pty Ltd will use personal information only for the purposes that you consent to. This may include to:

  • (a) provide you with products and services during the usual course of our business activities;
  • (b) administer our business activities;
  • (c) manage, research and develop our products and services;
  • (d) provide you with information about our products and services;
  • (e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
  • (f) investigate any complaints.

4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

5. Disclosure of your personal information

5.1. Kamio Pty Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.

5.2. Where we disclose your personal information to a third party, we will use our best endeavours to ensure that the third party uses reasonable means to protect your personal information through contractual, technical and organisational measures consistent with this Privacy Policy.

6. Consent

6.2. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

6.3. We will only collect your personal information with your informed consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure in accordance with this Privacy Policy.

6.4. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

6.5. We process your personal information if it is necessary to protect your life or in a medical situation, to carry out a public function or a task of public interest or if the function has a clear basis in law.

6.6. Kamio Pty Ltd will not collect sensitive information unless you have expressly consented to the collection of that information or the collection is required or authorised by law. If sensitive information is collected, Kamio Pty Ltd will treat all sensitive information with particular care.

6.7. You must not provide us with your personal information if you are under the age of 16. If you are under the age of 16, you can use this service only in conjunction with permission and guidance from your parent or guardian. We will not knowingly collect or process the personal information of anyone under the age of 16. Notwithstanding the fact that a person is over the age of 16 years, each situation will be assessed on a case-by-case basis to ensure that any person under the age of 18 fully understands the purpose for obtaining a personal information.

6.8. For the purposes of our services, persons under the age of 16 years may wish to submit images which identify them. Kamio Pty Ltd may obtain and publish images of you if you are under the age of 16 years and Kamio Pty Ltd is satisfied that:

  • You fully understand what they are consenting to; and
  • Your parents or guardians have given their express consent.

In either of the above cases, Kamio Pty Ltd will make its decision on a case-by-case basis.

6.9. If you provide your consent but your parent or guardian withholds their consent, Kamio Pty Ltd will only accept your consent if you are fully informed of the actions to be taken by us. To ensure that you are fully informed and for us to be absolutely satisfied with your consent, we will:

  • Explain how and why we will use your image;
  • Inform you how long the image will be published for;
  • Describe who will be able to see the image;
  • Provide information on who you can contact to remove the image;
  • Not publish any irrelevant personal information along with the image.

7. Your rights under the GDPR

7.1. Kamio Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

7.2. If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Kamio Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU.

7.3. Except as otherwise provided in the GDPR, you have the following rights:

  • (a) to be informed how your personal information is being used;
  • (b) access your personal information (we will provide you with a free copy of it);
  • (c) to correct your personal information if it is inaccurate or incomplete;
  • (d) to delete your personal information (also known as “the right to be forgotten");
  • (e) to restrict processing of your personal information;
  • (f) to retain and reuse your personal information for your own purposes;
  • (g) to object to your personal information being used; and
  • (h) to object against automated decision making and profiling.

7.4. Please contact us at any time to exercise your rights under the GDPR using the contact details in this Privacy Policy.

7.5. We may ask you to verify your identity before acting on any of your requests.

8. Hosting and International Data Transfers

8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia.

8.2. Data transfers to foreign countries may be protected by appropriate safeguards such as:

  • the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; or
  • the use of binding corporate rules, a copy of which you can obtain from Kamio Pty Ltd 's Data Protection Officer.

8.3. You acknowledge that while the hosting facilities for our website are situated in Australia, Kamio Pty Ltd may have suppliers or contractors situated outside of Australia.

8.5. You further acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. Security of your personal information

9.1. Kamio Pty Ltd is committed to ensuring that the information you provide to us 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 information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

9.3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Notifiable Data Breach Scheme (NDBS)

9.4. Whilst Kamio Pty Ltd will use its best endeavours to ensure the security of your personal information, in the event that there is a data breach, Kamio Pty Ltd will address this in accordance with the NDBS which forms part of the Privacy Act.

9.5. Under the NDBS, an Eligible Data Breach is deemed to have occurred when:

  • there is unauthorised access to, unauthorised disclosure of, or loss of any personal information held by Kamio Pty Ltd; and
  • the access, disclosure or loss of such Personal Information is likely to result in serious harm to any of the individuals to whom the information relates.

9.6. If Kamio Pty Ltd becomes aware of an Eligible Data Breach or that there are reasonable grounds to suspect that there may have been an Eligible Date Breach:

  • we will immediately take all reasonable steps to contain and protect the personal information from any further unauthorised access, disclosure or loss;
  • we will then conduct an assessment of the circumstances to determine if there was an Eligible Data Breach and identify the breach;
  • If the unauthorised data breach would be likely to cause you serious harm, we will notify you and any relevant authority (e.g. the Australian Information Commissioner) as soon as possible; and
  • If necessary, we will also provide you with the steps that you should take in response to the breach.

10. Access to your personal information

10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@upkrowd.com.

10.2. We reserve the right to refuse to provide you with information that we hold about

you, in certain circumstances set out in the Privacy Act or any other applicable

law.

11. Complaints about privacy

11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@upkrowd.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

11.2. If you are not satisfied with our response, you may lodge a complaint with The Office of the Australian Information Commissioner by calling 1300 363 992.

12. Changes to Privacy Policy

12.1. Please be aware that we may change this Privacy Policy from time to time. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back periodically to review our Privacy Policy.

12.2. Please be assured that if this Privacy Policy changes in the future, your personal information will not be misused in a manner which is materially inconsistent with this Privacy Policy without your prior consent.

13. Website

13.1. When you visit our website

When you come to our website (Upkrowd.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

13.2. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

13.3 IP address

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.

13.4. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Kamio Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.