MAGPAI PRIVACY POLICY (Updated: 4th August 2023)

1. Our commitment to your privacy

Magpai Pty Ltd (ACN 668 403 101) (“we” or “us”) recognises that your privacy is important and we are committed to protecting your personal information.

This policy applies to personal information we handle about our customers, and visitors to, and users of, our website magpai.app (our website, the website), users of services we may from time to time provide, and members of the public. It provides information about the personal information we collect and the ways in which we use that personal information.

By accessing our website or using our services, you agree to be bound by the terms of this privacy policy.

2. The kinds of information we collect

The kinds of personal information we collect may include your name, telephone number, e-mail address, employment related information including job title and work contact details, and your payment details (e.g. your bank details and/or credit card details). Ultimately, the kinds of personal information we collect will depend on the dealings you have with us.  

We may also collect information about your interests and preferences, other demographic information such as your gender and location, how you use our website (e.g. which pages you have viewed, the time you viewed them, the images and prompts you generate and use and what you clicked on) and anonymous information such as your IP address, browser type, and other software or hardware information.

You can choose not to provide your personal information to us, but generally the information we request from you is required in order for us to provide you the goods and services we offer and to enable you to use our website as intended.  

3. How we collect information

We collect personal information when you provide it to us, for example:

1. when you contact us or subscribe to our services;
2. when you update an on-line profile that includes personal information such as your name and contact details;
3. when you enter your personal information into forms on our website; and
4. when you submit personal information to us when using our services.

There may be circumstances when we collect personal information about you from someone other than you. We will endeavour to contact and notify you of the circumstances of such collection where it is reasonable to do so. We might also collect further information from you by way of contacting you by phone or email, particularly if we wish to verify information you have submitted to our website. We may also collect personal information through publically available records, such as company searches.

Our website uses “cookies”. These are files that are implanted in your hard drive by some websites to store information about your web use patterns. We use cookies to enhance or personalise our website services. These cookies may also be used to collect and store information about your usage of our website.  

4. How do we use personal information?

The primary purposes we collect your personal information is to:

1. verify your identity;
2. communicate with you including by email or phone;
3. maintain our relationship with you;
4. provide our products and services to you and to manage and enhance our products and services;
5. personalise and customise your experience of our website;
6. give you access to protected areas of our website;
7. collect payments from you;
8. promote and provide you with news, information or advice about our products and services;
9. investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are of have been otherwise engaged in any unlawful activity; and
10. conduct research for our own internal purposes and to improve our service.

We may also use your personal information to send you communications and contact you about our services, programs, events, campaigns, functions or news updates that may be relevant or of interest to you. You have the option to opt-out of receiving promotional and marketing communications at any time or by using the unsubscribe link that is included in our electronic communications to you or by contacting us using the details below.

We may aggregate personal information of our customers, visitors to, and users of, our website for reporting and statistical purposes. This allows us to better inform ourselves of our customers’ preferences and requirements, and to enable us to monitor the effectiveness of and constantly improve our website and our services. We might provide statistical or analytical information to third parties to help inform them of how users are interacting with certain pages on our website in respect of which those third parties have a specific affiliation. If we disclose any such statistical or analytical information to third parties it will be aggregated, demographic or de-identified, and will not contain any personally identifiable information. We will retain your personal information for as long as your information will serve the uses identified in this policy.

By using our products and services and/or our website, you agree that we are permitted to use your personal information for any of these purposes.

5. When, and with whom, do we share your information?

So that we may use your information for the purposes identified above, we may disclose it to external providers of services and our related entities. We may outsource certain functions of our business. such as the development and maintenance of this website to contractors, who due to their ability to access all areas of the website, may be able to access personal information submitted to the website. These contractors have contractual agreements with us which prohibit them from accessing or using any personal information submitted to our website, except to the extent necessary to fulfil the services they provide to us.

We may release your information to a third party to the extent that we believe that it is appropriate to comply with the law, to enforce our website policies or terms and conditions, protect our or others’ rights, property, or safety, or to enable us to perform our business activities and functions.

By using our website and service, you consent to us using and disclosing your personal information as described above.

We do not share your identifiable details with any third parties for them to market their products or services to you.

We may share non-identifiable data with third parties such as Google, Facebook, Google Analytics Google Adwords Conversion and others. We might share non-identifiable information about you visiting certain pages on our website to subscribers who have subscribed for our service of providing certain data to them.

We may sell, transfer, or otherwise disclose our database of personal information to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.

You agree that we may disclose your personal information in any of the above-listed circumstances.

You may withdraw your consent to use or disclose your personal information at any time. To withdraw your consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with our services or access to all of or certain areas of our website.

6. Do we transfer or disclose any personal information overseas?

Unless we have your consent, or an exception under the Australian Privacy Principles (“APPs”) applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that overseas recipients do not breach the Privacy Act 1988 (Cth) or the APPs.

Personal information that we collect may be transferred and stored outside of Australia, to fulfil the purpose for which that personal information was disclosed to us. Your personal information that we collect may be transferred and stored by Google Firebase in countries other than Australia. Our website developers who are contracted to develop and maintain our website might be located overseas and they may have the ability to access such information by virtue of their access rights to our website. Those developers have agreed to only access information they require to perform their services and to keep information they do access, confidential.

By agreeing to this Privacy Policy, you are agreeing that your personal information may be disclosed overseas.  Giving your consent to this disclosure will mean that if the overseas recipient handles the personal information it receives from us in breach of the APPs, we will not be held accountable for that breach under the Privacy Act and you will not be able to seek redress under the Privacy Act.

Your personal information may be transferred overseas if we sell, transfer or disclose our database of personal information to an actual or potential successor entity, purchaser or investor who is located or has offices overseas. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

7. How to access or seek correction of your personal information

You can access your personal information that we hold on request. To request access to your personal information, please contact our privacy officer using the contact details below.

You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

To assist us in ensuring the personal information we collect, use or disclose is accurate, complete and up-to-date, let us know if you notice errors or discrepancies in the information we hold about you and letting us know if your personal details change.

If you consider any personal information that we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, you can request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the APPs. If we refuse your request, we will give you a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

8. Security of your personal information

Once in our possession, we take all reasonable precautions to protect the personal information we hold about you from misuse, interference and loss and unauthorised access, modification or disclosure. Security measures we use include two factor authentication and restricted role personas.

Whilst we endeavour to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We do not warrant the security of any information you provide to us over the internet and you do so at your own risk.

You play an important role in keeping your personal information secure, by maintaining the confidentiality of any passwords and account details used on our website.  It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to the failure to maintain such confidentiality. It is also your sole responsibility not to disclose any personal information that you do not wish to be made public.

9. Jurisdictions

If you are located in the EU or UK this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent - we may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.

• Performance of a Contract - we may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our services or at your request prior to entering into a contract with you.

• Legal Obligations - we may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

• Vital Interests - we may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

• In legal terms, we are generally the 'data controller' under GDPR and UK GDPR of the personal information described in this privacy policy, since we determine the means and/or purposes of the data processing we perform. This privacy policy does not apply to the personal information we process as a 'data processor' on your behalf. In those situations, the person/entity that we provide services to and with whom we have entered into a data processing agreement is the 'data controller' responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e. express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e. implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.

• For investigations and fraud detection and prevention.

• For business transactions provided certain conditions are met.

• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.

• For identifying injured, ill, or deceased persons and communicating with next of kin.

• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse.

• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.

• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.

• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced.

• If the collection is solely for journalistic, artistic, or literary purposes.

• If the information is publicly available and is specified by the regulations.

If you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us.

If you are under 18 years of age, reside in California, you have the right to request removal of unwanted data that you publicly post on the website. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc).

10. What you should do if you have a complaint about the handling of your personal information

You may contact us at any time if you have any complaints, questions or concerns about this Privacy Policy or about the way in which your personal information has been handled by contacting us at the contact details set out below.

We will consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within seven working days.  

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within seven working days and endeavour to complete our investigation into your complaint within fourteen working days. We may ask you to provide further information about your complaint and the outcome you are seeking.  We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that we may have breached the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the OAIC website.

11. How do we make changes to this Privacy Policy?

We may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

12. Contact us

If you have any questions or complaints about this privacy policy or our treatment of your personal information, or if you would like to access or amend your personal information, please contact us at legal@magpai.app.