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PRIVACY POLICY

KITE UNION PTY. LTD. ABN 83612 596 291

1.               Protecting your privacy

This privacy statement provides information about the personal information that we collect, and the ways in which we use that personal information.

Your privacy is important to us. We comply with the PrivacyAct 1988 (PrivacyAct) when we handle personal information. The Privacy Act contains 13 Australian Privacy Principles (APPs) which provide the rules for how we must handle your personal information, including how you can request access to, and correction of, that information. Detailed information on the Privacy Act and the APPs can be found on the website of the Office of the Australian Information Commissioner (OAIC).

In addition, if you reside within the European Union, we handle your personal information in accordance with the General Data Protection Regulations(GDPR).

We will only use or disclose personal information we hold about you in accordance with this Privacy Policy or as otherwise notified to you.

2.               Meaning of words

In this Privacy Policy:

(a)             “you” refers to any individual or entity which uses the Software or Website;

(b)             “Application Owner” refers to any entity that provides you with access to the Software;

(c)             “related body corporate” has the meaning given in the Corporations Act 2001(Cth);

(d)             “Software” means the software developed and amended from time to time by us;

(e)             “we”, “us” and “our” refer to Kite Union Pty. Ltd. ABN 83 612 596 291 and any of its related bodies corporate to which it says that this Privacy Policy applies; and

(f)              “Website” means the website www.kiteunion.com.au;

(g)             the singular includes the plural and vice versa.

 

3.               Your personal information

“Personal information” is information about an individual who is either identified in the information or their identity can be ascertainable from it. It includes information and opinions obtained from the individual or from a third party.

When you use the Software or Website, your personal information is collected and held by us and may be made available to the Application Owner.

Your personal information that is obtained by us via the Software or Website, or by the Application Owner via the Software must be collected and held in accordance with this Privacy Policy.

 

4.               How your personal information is used

(a)             We do not ordinarily collect any information about you except where you provide it to us, or it is provided to us with your consent. In general, we do not use or disclose personal information collected about you other than for:  

(i)              a purpose set out in this Privacy Policy;

(ii)             a purpose you would reasonably expect;

(iii)            a purpose required or permitted by law; or

(iv)            a purpose otherwise disclosed to you or for which you have consented.

(b)             Your personal information may be used by us and a Application Owner to:

(i)              verify your identity;

(ii)             price and design products and services;

(iii)            assist you to subscribe to products and services;

(iv)            provide the products and services you require;

(v)             provide you access to the Software;

(vi)            notify you of new or changed services;

(vii)           arrange for the products and services you require to be provided by third party service providers;

(viii)          manage our relationship with you;

(ix)            administer, improve and manage their products and services, including charging, billing and collecting debts;

(x)             conduct appropriate checks for credit-worthiness and for fraud;

(xi)            research and develop our products and services;

(xii)           research and develop a Application Owner’s products and services;

(xiii)          gain an understanding of your needs in order to provide you with a better service and products;

(xiv)          assist with the resolution of technical support issues or other issues relating to the Software and our services and products;

(xv)           carry out marketing or training;

(xvi)          comply with the laws and regulations in applicable jurisdictions; and

(xvii)         maintain and develop their business systems and infrastructure.

 

5.               Disclosures of personal information

We may exchange your information with our related bodies corporate. We and our related bodies corporate may use this information for any of the purposes mentioned in section4.

We may also disclose personal information about you, as appropriate, to:

(a)             our Application Owners and their employees, assignees, agents, referred service providers, contractors and external advisers;

(b)             our employees, assignees, agents, referred service providers, contractors and external advisers;

(c)             organisations which verify your identity;

(d)             your agents, advisers, referees, executor, administrator, trustee, the beneficiary of any trust of which you are a trustee, your guardian, attorney or franchisor;

(e)             law enforcement, regulatory and government bodies;

(f)              anyone who introduces you to us;

(g)             your and our auditors, insurers or prospective insurers and their underwriters;

(h)             any person we consider necessary to execute your instructions; and

(i)              other organisations (and their agents) with whom we have arrangements for the supply and marketing of our respective products and services, unless you ‘opt out’ of marketing (see below).

From time to time we may send your information overseas, including to overseas service providers or other third parties who operate or hold data outside Australia. Where we do this, we make sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.

 

6.               General Data Protection Regulations

If you reside in a country within the European Union (EU):

(a)             any personal information you provide to us is handled in accordance with this Privacy Policy and the GDPR. The transfer of your personal information to a country outside the EU in accordance with this Privacy Policy has been approved by our privacy controller;

(b)             you agree that, by using the Software and Website, you give your consent for us to use your personal information in accordance with this PrivacyPolicy for the purposes of Article 4(11) of the GDPR;

(c)             in the event that your personal information held by us is no longer required for a purpose set out in this Privacy Policy, we will take reasonable steps to de-identify or destroy this personal information;

Erasure of Personal Information

(d)             you have the right to request that we erase any personal information held by us without undue delay if:

(i)              the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

(ii)             you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;

(iii)            you object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;

(iv)            your personal information has been unlawfully processed;

(v)             your personal information has to be erased for compliance with a legal obligation in Union or Member State law to which we are subject; or

(vi)            your personal information has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR;

(e)             where we have made your personal information public and we are obliged pursuant to clause 6(d) to erase the personal data, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform and third party which is processing the personal data that you have requested the erasure of any links to, or copy or replication of, that personal information.

(f)              clauses 6(d) and 6(e) shall not apply to the extent that processing of your personal information is necessary:

(i)              for exercising the right of freedom of expression and information;

(ii)             for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of at ask carried out in the public interest or in the exercise of official authority vested in us;

(iii)            for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the GDPR;

(iv)            for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR in so far as the right referred to in clause 6(d) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(v)             for the establishment, exercise or defence of legal claims.

Right to Data Portability

(g)             you have the right to receive your personal data which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit that information to another person without hindrance from us, where:

(i)              the processing is based on consent pursuant to point (a) of Article6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) of the GDPR; and

(ii)             the processing is carried out by automated means;

(h)             in exercising your right to data portability pursuant to clause 6(g), you have the right to have your personal information transmitted directly from us to another third party, where technically feasible;

(i)              the exercise of the right referred to in clause 6(g) shall be without prejudice to your rights under clause 6(d). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;

(j)              the right referred to in clause 6(g) must not adversely affect the rights and freedoms of others;

Right to Object

(k)             you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal information concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. We will no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims;

(l)              where your personal information is processed for direct marketing purposes, you have the right to object at any time to processing of your personal information, which includes profiling to the extent that it is related to such direct marketing;

(m)           where you object to processing for direct marketing purposes, your personal information will no longer be processed for such purposes;

(n)             you agree that by using the Software and Website subject to this Privacy Policy, the right referred to in paragraphs 6(k)-(m) have been brought to your attention;

(o)             in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications; and

(p)             where your personal information is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1)of the GDPR, you, on grounds relating to your particular situation, have the right to object to processing of your personal information, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

 

7.               Marketing ‘opt out’

If at any time you do not wish to receive further marketing information, you may ask us not to send you any further information about services and not to disclose your information toot her organisations for that purpose. You may do this by contacting us at info@kiteunion.com.au.

 

8.               Personal information about third parties

If you provide us personal information about another person, you represent that you are authorised to do so and you agree to inform that person who we are, that we will use and disclose their personal information and that they may access any personal information we hold about them. You should also refer them to this Privacy Policy which applies to their personal information.

 

9.               Maintaining the accuracy of your information

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.

If you believe that personal information that we hold about you is inaccurate, incomplete or out of date, please contact us at info@kiteunion.com.au and we will take all reasonable steps to correct the information.

 

10.            Accessing your personal information

You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to do so, please let us know by contacting us at info@kiteunion.com.au. You maybe required to put your request in writing for security reasons. We may also charge a fee for giving you access to your personal information and will try to deal with your request within a reasonable time.

 

11.            Security & the internet

We maintain strict procedures and standards and take all reasonable steps to prevent unauthorised access to, or unauthorised modification or disclosure of, your personal information and to protect it from misuse or loss.

However, we do not guarantee that information sent over the internet is secure.

 

12.            Cookies on our Website and Software

We may use cookies on our Website and Software. A cookie is an industry standard and is a small text file that our Website or Software may place on your device(s). Usually, cookies are used as a means for software applications to remember your preferences. As such, cookies are designed to improve your experience of the applications.

Cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can adjust your device settings to disable cookies or to warn you when cookies are being used, however this may affect the availability and functionality of the services offered through the Software.

 

13.            Changes to this Privacy Policy

This statement sets out our current Privacy Policy. It replaces any other Privacy Policy which we have previously issued.

We may amend this Privacy Policy at any time. Our current Privacy Policy is available from our website www.ekas.com.auor by contacting us at info@kiteunion.com.au.

 

14.            Contacting us

If you have any questions regarding this Privacy Policy please contact us at info@kiteunion.com.au.