• 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).
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:
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:
3. How we collect your personal information
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:
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:
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
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.
6.4. 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:
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:
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:
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:
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.
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:
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:
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 email@example.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
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 firstname.lastname@example.org. 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.
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.
13.3 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.