MOBILYSER: PRIVACY POLICY


This is the policy (the “Privacy Policy”) of JKP Tech Pty Ltd (ACN 163 434 866) (“JKP” or “us” or “we” or “our”) which sets out JKP’s policies and procedures regarding the collection, use and disclosure of information generally in relation to the “Mobilyser” service offered by JKP (via www.mobilyser.com.au and/or Apps operated under the Mobilyser name by JKP, the “Service”). The Service is available to users who register with JKP and accept JKP’s terms of service (available at http://mobilyser.net/terms(“Terms of Service”)).

  1. Application of this Policy

    This Privacy Policy applies to anyone (also referred to as “you” or “your” below) who uses the Service.

    JKP will adhere to its obligations in respect of your personal information to the extent permitted under this Privacy Policy and in accordance with applicable law, including, without limitation, the Privacy Act 1988 (Cth) (the “Act”).

    It is your responsibility to ensure that you understand this Privacy Policy. If at any time you do not agree with any of it, you must cease using the Service and/or notify us of such (see “Contact” section below). This Privacy Policy may be modified from time to time in our sole discretion. We will endeavour to notify you of any changes to this Privacy Policy, however, it is your responsibility to review this Privacy Policy regularly for any updates.

    If you have any questions or concerns, please contact us (see “Contact” section below).

  2. What Personal Information does JKP Collect?

    The types of ‘personal information’, as defined under the Act, we collect depends on your dealings with us. We primarily collect and store personal information when you provide it to us voluntarily – this may be in the form of directly supplying the information to us, or indirectly through the use of the services provided by us. We may also collect personal information from you when you:

    • establish an account and/or register with JKP to use the Service (“ User”);
    • communicate with JKP in relation to the Service;
    • use the Service to communicate or interact with other Users;
    • use the Service generally, including uploading or providing information in connection with the Service; and/or
    • browse or use the Service through technological tools including “Log Data” and “Cookies” which collect certain information, as explained below.

    If you use or operate the Service, the personal information we collect may include:

    • your name and/or the name of your organisation or business;
    • contact details such as mobile phone numbers, email addresses, billing and other contact addresses and any other such information extracted from a third-party device or service (“TPS”) (including, but not limited to, smartphone and billing records);
    • a record of your IP address;
    • your age and other demographic information;
    • information relating to the use of the Service, including the date and time of such use, and the electronic device(s) used to access the Service;
    • information and/or data relating to the geographical location of personnel or electronic devices; and
    • any Third-Party Content (as defined in the Terms of Service) and/or other Member Content (as defined in the Terms of Service) provided to JKP.
  3. Why JKP Collects, Holds, Uses and Discloses Personal Information

    We need to collect personal information so that we can provide our products and services, and conduct our business, including but not limited to the following:

    1. to allow you and others to become a User and to use the Service;
    2. to ensure that the Service operates as it is intended by us (as some parts of the services may require such information to function appropriately);
    3. for research, marketing and analysis;
    4. to assist our internal administration and operations;
    5. to allow us to better understand your use of our products and services; and
    6. to support and enable us in acting as a contracted service provider to other businesses.
  4. How does JKP use Personal Information?

    We use your personal information (in some cases, in conjunction with your “Non-Identifying Information” see below) to provide services to you; for example:

    1. to create your account for your use of the Service based upon the personal information you provide;
    2. to enable you to use the Service; and
    3. to provide support services to you in respect of the Service and to help us respond to your questions and/or inquiries.

    We also collect other information that you provide as part of establishing an account and using the Service that cannot reasonably be used to identify or contact you (including, without limitation, usage statistics and certain Member Content (as defined in the Terms of Service)) (“Non-Identifying Information”).

    Certain Non-Identifying Information would be considered a part of your personal information if it were combined with other identifiers (for example, telephone call logs or billing information) in a way that might enable you to be personally identified or contacted. However, the same information is considered Non-Identifying Information when it is taken on its own or combined only with other Non-Identifying Information.

    We may combine your personal information with Non-Identifying Information and aggregate it with other information to enable you to use the Service, to provide you with a better experience, to improve the quality and value of the Service and/or to analyse, monitor and/or understand how the Service is being used. We may also use the combined information without aggregating it to serve your specific requirements, for instance to deliver a product or service to you according to your preferences, directions or restrictions (such as calculating the costs of telephone calls made to a specific phone number).

    When you provide or upload to the Service information from a TPS, regardless of the manner in which such information is provided or uploaded, you may be sharing or using the personal information you have already provided to the TPS (such as your “real” name, email address and other information you make publicly available via the TPS). The information we collect in that situation may depend on the privacy settings you have with the TPS, and you should check the TPS’s privacy and data practices. Alternatively, the information we collect in that situation may be collected from the information you choose to provide or upload, or alternatively result from the kind of information the Service needs to deliver particular services to you (for example, the Service may need to extract mobile phone contact details via a software application, or to extract pricing information from a bill).

    If you do not want us to continue to use your name or other personal information, please let us know using the contact details in the ‘Contact’ section below or follow any procedure advised to you by JKP. In such event, you may not be able to continue to use some or all of the features of the Service.

  5. Will your Personal Information be given to anyone else?

    JKP does not sell, rent or trade personal information about you to third parties. Personal information may, however, be disclosed outside of JKP in the circumstances described below:

    1. We may disclose your personal information to outside contractors to carry out specialised activities on our behalf. In particular, contractors may provide us with a range of administrative, information technology and other services.
    2. We may employ third party companies and individuals to facilitate our services, to provide the service on our behalf, to perform related services (e.g. maintenance services, database management, web analytics and improvement of service features) or to assist us in analysing how our services are used.
    3. Your personal information may be disclosed or published on the Service for third parties, including other Users, to access and view if you choose to upload, provide or allow such personal information to be used via the Service. This includes cases where personal information about you is uploaded and we reasonably infer, based on the circumstances, that you intend for it to be disclosed or published. It is your responsibility to find out and understand the consequences of uploading or providing any personal information to us via use of a Service, including taking your own precautions to protect your privacy.
    4. We may alter, modify, amend or redact your personal information prior to disclosing or publishing it on the Service if we feel this is appropriate in the circumstances. We will endeavour not to disclose or publish more personal information than is necessary for the purposes for which it was provided or uploaded, however, it is ultimately your responsibility to exercise your own judgment regarding what or how much personal information you should provide or upload as there is always a risk that an unauthorised third party may obtain access to such information and use it inappropriately.
    5. We may disclose personal information if required by law, to assist with any law enforcement duties of a government agency or body or as otherwise permitted under the Act.
    6. We may share aggregated information that does not include personal Information and we may otherwise disclose Non-Identifying Information and Log Data (see ‘Other Privacy Issues’ section below) with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your personal information.

    Other than as specified in this policy, no personal information will be provided to a third party without your consent. However, JKP cannot control, and will not be liable, for any use of your personal information by any third party to whom your information is sent with your consent.

  6. Direct Marketing

    We may use your personal information to contact you via newsletters, marketing or promotional materials and other information that we believe may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications, update your “preferences” information in your account settings (if applicable) or contact us using the contact details below. If you make such a request we will respond as soon as practicable and will make all reasonable efforts to promptly change your preferences to opt out of receiving future direct marketing communications.

  7. Other Privacy Issues

    You have several choices regarding the use of information on our services:

    1. Cookies. Like many services, we may use "cookies" to collect online usage data. A cookie is a small data file that is transferred to a computer’s hard disk. There are session cookies and persistent cookies – we may use both so we can better understand how you interact with JKP and to monitor web traffic routing with the aim of improving the Services. Most Internet browsers automatically accept cookies, however you can instruct your browser (via the options section) to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit, however, doing so may mean you will not be able to use all or parts of the Service.
    2. Call Data. We may use or share certain information relating to your telephone usage and statistics (including your Personal Information) that you provide to us as part of your use of the Service and/or as part of the normal functions of Service. It is your responsibility to check what kind of telephone usage and statistics is collected by the relevant Service and you must exercise your own judgment when providing such information as there is always a risk that an unauthorised third party may obtain access to such information and use it inappropriately.
    3. Log Data. When you use the Service, we may automatically record information regarding your use (“Log Data”). This Log Data may include information such as the electronic device, software or any other TPS that you may be using in connection with the Service, and may include information regarding what parts of the Service you use, the time spent using such service, how you used such service, the results of your use of the service, and any other statistics. We use this information to monitor and analyse use of the Service for a variety of purposes, including technical administration, to increase our service’s functionality and user-friendliness, and to better tailor our services to our users’ needs.
    4. Links. Our services may contain links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorisation or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit personal Information and non-identifying information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of personal information and non-identifying information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.
  8. Security of Information

    We will take all reasonable steps to ensure the security of your personal information from misuse and loss, and from unauthorised access, modifications or disclosure as required under the Act. We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained from misuse or loss. However, we cannot ensure or warrant the security of any personal information provided to us or guarantee that information may not be accessed, disclosed, altered, or destroyed by unauthorised persons. We do not warrant that any of our systems will be without error or interruption, or will be free from unauthorised or fraudulent third party access as a result of the nature of Internet transmissions.

  9. Accessing, Changing and Deleting your Personal Information

    You may contact us if you require particular access to any of your personal information that we possess. However, we may charge a fee for providing you with that information, in which case we will inform you of the fee in advance of providing you that information.
    You may also request us to update, correct or amend personal information that is inaccurate, incomplete or out of date (to make a request, please see “Contact” section below) if no other function exists on the Service to facilitate this process. We will use reasonable endeavours to respond to your request within 14 days of receipt of your request.
    Please note certain changes or deletions of your personal information may cause your account to become deactivated and/or prevent you from using the Service.
    We may retain a copy of your records as required by law or for legitimate business purposes.

  10. Complaints relating to Personal Information

    If you are concerned with how we collect, store, use or disclose your personal information, you may make enquiries or submit a formal complaint to us (see “Contact” section below). We will use reasonable endeavours to address your enquiry or complaint and will endeavour to respond to you within 14 days of receipt of your initial enquiry or complaint.

    If you feel your enquiry or complaint has not been adequately addressed by us, you may contact the Office of the Australian Information Commissioner. However, we request that you notify us beforehand as to why you feel we have not adequately addressed your enquiry or complaint and allow us an opportunity to respond to you. If you would like any further information about your rights to privacy, please contact or visit the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au.

  11. Pseudonym

    You may choose to deal with us using a pseudonym and/or to keep any other information relating to you anonymous. However, it may be impracticable for us to provide the Service to individuals who choose not to identify themselves or who have used a pseudonym when dealing with us such that the Service, in whole or in part, may not function properly or at all if you choose to use a pseudonym. 

  12. Our Policy Towards Minor’s Information

    Our products and services are not directed to minors, that is, persons under the age of 18. We do not knowingly collect personally identifiable information from minors. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at info@mobilyser.net. If we become aware that a minor has provided us with personal information, we will delete such information from our files.

  13. Cross-Border Disclosure

    We may disclose some of your personal information such as your name and email address to organisations located outside Australia, in countries which do not have the same or substantially similar privacy laws, but only to the extent necessary to provide you with the products or services requested by you. It is not practicable to provide you with the names of the countries currently.

  14. Contact

    If you have any questions about this Privacy Policy or any of the practices described herein, if you wish to update information we hold about you, make a complaint, or request a copy or our most current Privacy Policy, or if you are of the view that personal information about you is inaccurate or out of date, please contact us by email at info@mobilyser.net or PO Box 17B Mimosa Avenue, Mount Claremont 6010, Western Australia

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