1. Introduction
1.1. The personal safety and wellbeing mobile application (the myKin App) is operated by James and George Pty Ltd (ACN 660 140 116) (our, us or we).
1.2. We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).
1.3. By accessing and using the myKin App and/or our products or services you agree to this Privacy Policy.
1.4. This Privacy Policy outlines how we collect, store, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.
2. The information we collect about you
2.1. Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
2.2. We will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver the myKin App and our products and services to you, or as otherwise permitted by law.
2.3. The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following:
(a) contact details (for example, full name, email address, mobile number and profile images);
(b) contact details of your trusted contacts (for example, full name and mobile number);
(c) information about your activities (most check-in timestamps, details of trusted contacts, inactivity on your device, information about your use of myKin App, including check-in timestamps, alert history, notification delivery status, periods of inactivity within the myKin App (such as failure to complete a scheduled check-in);
(d) your dealings, or enquiries you have made, with us, including information about the myKin App and our other products and services;
(e) payment and billing information;
(f) information regarding your access and use of our website, including location information, your computer’s internet protocol (IP) address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, dates and times of visits to our website and other usage statistics; and
(g) other information that you provide to us or that we may collect in the course of our relationship with you.
2.4. We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.
2.5. If you have accidentally sent us Sensitive Information, please contact us using the details below.
3. How we collect Personal Information
3.1. We will collect Personal Information and non-Personal Information about you in a number of different ways. We may collect Personal Information directly from you or in the course of our dealings with you. For example, when you:
(a) set up and create an account on the myKin App (including when you update your own information or upload a new profile image or change your trusted contacts) and when access and use the myKin App and our other products and services;
(b) access and use the myKin App (for example, when you set check-in windows, nominate trusted contacts to be alerted in the event of an emergency, use the distress button to send help alerts, receive help alerts as a trusted contact, upload a check-in in the myKin App);
(c) contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey; or
(d) from publicly available sources of information.
3.2. We collect the Personal Information of trusted contacts (such as your full name and mobile number) from users of the myKin App when the user nominates you as their trust contact through the myKin App.
3.3. When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
3.4. By providing your Personal Information to us or the Personal Information of your trust contracts, you acknowledge that you are authorised to provide such information to us. We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:
(a) when you provide your Personal Information to our Third Party Providers; and
(b) if you use our social media sites or applications, pages or plugins or third party products or services that interact with the myKin App and Services (such as our third party payment processors).
4. How we use your Personal Information
4.1. We only use, process and disclose your Personal Information for the purposes for which it is collected. We will not sell your Personal Information or share it with anyone not authorised to access it. In particular, we use, process and disclose your Personal Information to:
(a) provide or deliver the myKin App, our website and our products and services to you;
(b) informing you about the myKin App, our products or services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the myKin App or other matters which we believe are of interest to you (such as recruitment or job opportunities);
(c) manage, administer, improve, test, develop and upgrade the myKin App, our products, services and website (including content on our website), informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the myKin App;
(d) share with our Third Party Providers;
(e) customise the content on the myKin App;
(f) charge and bill you for the use of our products and services;
(g) for direct marketing purposes (see section 6 below); and
(h) complying with our legal and regulatory obligations.
4.2. In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
5. Disclosure to Third Parties
5.1. In order to provide or deliver the myKin App, our products, services and website to you, we may disclose your Personal Information to:
(a) our related bodies corporate, business partners, service providers, third party contractors, agents or suppliers, external business advisors or other authorised external service providers who perform functions on our behalf (such as credit reporting bodies, credit providers, third party payment processors, hosting companies, web developers, internet service providers, telecommunication providers, customer service providers, customer support specialists, fulfilment companies, external business advisors (such as auditors and lawyers), government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us to (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, online databases and social media)) (collectively, Third Party Providers); and
(b) law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law or emergency service operators or first responders in an emergency to prevent the loss of life or personal injury; and
(c) external business advisors, such as auditors, lawyers, insurers and financiers.
5.2. We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party payment processors, Apple Pay and Google Pay, whose use of your Personal Information is governed by their privacy policies, which may be viewed at viewed at:
(i) www.apple.com/au/legal/privacy/data/en/apple-pay
(ii) www.policies.google.com/privacy#enforcement.
5.3. Prior to the disclosure of Personal Information to Third Party Providers, we will take such steps as reasonable in the circumstances to ensure that the Third Party Providers treat your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.
5.4. We may use de-identified Personal Information and other aggregated statistical data related to the use of the myKin App, our products and services to administer and monitor the use of the myKin App, our products and services, for our internal business improvement purposes, benchmarking, market and industry research, and for use in commentary, media releases and other publications.
6. Marketing communications
6.1. We may use and disclose your Personal Information to send you information about the myKin App and the products or services we offer, as well as other information that may be of interest to you. We may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our website.
6.2. If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us using the contact details set out in section 12 below.
7. Overseas disclosures of Personal Information
7.1. In the course of providing you with the myKin App, it may become necessary or desirable to disclose Personal Information to Third Party Providers located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose your payment information to our third party payment processors, Apple Inc. (App Store) and Google LLC (Google Play Store) when managing subscription billing. Our third party payment processors are located outside of Australia, including United States, Taiwan, Japan and elsewhere in the world.
7.2. The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, we will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.
8. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
9. Security of your Personal Information
9.1. We take steps reasonable in the circumstances to ensure that the Personal Information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
9.2. The transmission of information via the Internet is not completely secure. We cannot guarantee the security of your data transmitted to our online services and any transmission is at your own risk.
9.3. We will destroy or de-identify Personal Information after you have deleted your account on the myKin App or in circumstances where the Personal Information is no longer required, unless we are otherwise required or authorised by law to retain the information.
9.4. The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information transmitted through the myKin App.
9.5. You provide your Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non Personal Information
10. Accessing and correcting your Personal Information
10.1. We will take reasonable steps in the circumstances to ensure Personal Information we hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have the right to access and seek correction of your Personal Information that is collected and held by us.
10.2. If at any time you would like to access or correct the Personal Information we hold about you, or you would like more information about our approach to privacy, please contact us via the contact details set out in section 12 below. If we refuse your request to access or correct your Personal Information, we will provide you with written reasons for the refusal and details of complaint mechanisms.
11. Cookies and analytics
11.1. We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use our website and myKin App and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of our website.
Apple Analytics
11.2. Services that the myKin App may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the myKin App. By using the myKin App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.
Google Analytics
11.3. Services that the myKin App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on the myKin App. By visiting and using the myKin App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.
11.4. Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://chrome.google.com/webstore/detail/google-analytics-optout/fllaojicojecljbmefodhfapmkghcbnh/related?hl=en-GB
12. Privacy Complaints
If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact us by email at support@mykinapp.com.au
13. Changes to this Privacy Policy
From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website. We encourage you to check our website from time to time to ensure you are familiar with our latest Privacy Policy.
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