Privacy Policy

MOTOCLOUD

Privacy Policy

  1. Who we are?
    • MotoCloud – We are MotoCloud Pty Ltd (ABN 88 646 914 847) (“MotoCloud”, “we”, “us”, “our”), the operator of an online booking and community resource platform for motorcyclists.
    • Law – MotoCloud has created this Privacy Policy in order to demonstrate our commitment to the Privacy Act 1988 Cth (the “Privacy Act”), the ‘Australian Privacy Principles’ (the ‘APPs’), and applicable State health privacy legislation (together, the “Australian Privacy Laws”).
    • Content – This Privacy Policy sets out how we may collect, hold, use or disclose your personal information in the course of running our business.
    • Exceptions – Where applicable Australian Privacy Laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.
    • Definitions – In this Privacy Policy:
      • personal information” has the meaning given in the Australian Privacy Laws, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise; and
      • sensitive information” has the meaning given in Australian Privacy Laws, and (in summary) includes certain specific types of personal information, such as health information and information about a person’s racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information.
  1. How do we collect your personal information?
    • Means – We will only collect personal information about you by lawful and fair means.
    • Ways – We collect personal information in a number of ways, including when you provide personal information to us through some of the following means:
      • contact – when you contact us by telephone (“phone”) or correspondence (whether in writing or electronically, including by electronic mail (“email”) or by other means;
      • enquiries / orders – when you make an enquiry or place an order for goods or services, including through our ‘Moto Store’ available on our website located at motocloud.online (our “Website”), through any mobile device applications (“Apps”) we provide from time to time, through our social media pages (our Website, our Apps and our social media pages being our “Platforms”), by phone or other means;
      • account – when you sign up and create an account on our Platforms;
      • advertisements / events – when you create an advertisement or submit an event on our Platforms;
      • forms – when you fill in registration or other forms;
      • content / interaction – when you upload content or interact with us through our Platforms;
      • responses – when conducting customer surveys or when you provide feedback to us;
      • subscriptions – when you subscribe to our newsletter or any alerts;
      • promotions – when you enter a competition or promotion conducted by us;
      • recruitment – during our recruitment processes;
      • visits – when you visit us at our premises, we may record certain contact details so that we can comply with applicable laws, and we may also record your image and/or voice if we have surveillance systems operating at our premises;
      • services – in administering and performing any contracts with our service providers; and
      • otherwise – as otherwise required to manage our business.
    • Directly / indirectly – We will generally collect personal information directly from you, unless it is unreasonable or impracticable to do so, but from time to time we may also collect personal information from publicly available sources and third parties, such as recruitment agencies, credit checking agencies, your employers, suppliers and contractors, and our clients and business partners.
    • Sensitive information – To the extent that any additional obligations arising under the Australian Privacy Laws apply to our collection of your sensitive information, we also comply with those obligations, and we will only collect health information from you directly, unless it is not reasonable or practical do so.
  2. What types of personal information do we collect?
    • Kinds – The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, and may include:
      • details – your name, billing address, phone number, email address and date of birth;
      • pictures – photographs or profile pictures you submit when you upload content or interact with us on our Platforms; and
      • responses – any survey responses you provide to us.
    • Employment – If you are applying for employment with us, personal information that is relevant to such employment.
    • Dealings – If we enter into contracts with you, transact with you through the Platforms or have any other commercial dealings with you, we may collect your financial details, including bank or credit card details for payment, billing information and your signature.
    • Electronic interactions – We may also collect personal information automatically about your interaction with and communications though our Platforms we make available to you, including usage data. Usage data may include information such as your Internet Protocol address (for example, internet protocol addresses (“IP addresses”)), browser type, browser version, the pages of our Platforms that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
    • Mobile interactions – When you access our Platforms through a mobile device, we may collect certain information automatically, including the type of mobile device you use, your mobile device unique identifier, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use and other diagnostic data. We may also collect information that your mobile browser sends whenever you visit or access our Platforms using a mobile device.
    • Sensitive information – We do not generally collect sensitive information about you. If you do provide sensitive information to us for any reason, you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as otherwise permitted by the Australian Privacy Laws.
    • Other – In addition to the types of personal information identified above, we may also collect personal information as otherwise permitted or required by Australian Privacy Laws.
    • Non-provision – You may elect not to provide us with personal information. However, where you choose not to provide your personal information, we may not be able to provide you with the full range of goods or services.
  3. How do we use your personal information?
    • General – In general, we only collect, use, hold and disclose your personal information where it is reasonably necessary for our business functions, activities or operations.
    • Specific – More specifically, your personal information may be used for purposes, including:
      • offer / provision – to offer and provide you with our goods and/or services;
      • communication – to communicate with you about our goods and/or services;
      • improvement – to improve our goods and/or services;
      • Platforms – to operate our Platforms, which allow users to connect with each other and (among other things) share information by direct messaging and post information to open forums on our Platforms;
      • channels – to develop, protect and improve our Platforms;
      • relationship – to consider you for a job or other relationship with us;
      • responses – to contact you in relation to customer surveys and feedback;
      • notifications – to provide notifications to you of special offers or promotions;
      • information – to provide our newsletter or any alerts;
      • winners – to contact winners of competitions or promotions conducted by us;
      • updating – to update database(s) and other records;
      • records – for internal record keeping purposes;
      • OH&S – to protect the security, health and safety of our premises, facilities, personnel or visitors;
      • identity – to confirm your identity;
      • compliance – to ensure compliance with our contractual and other legal obligations to you;
      • issues – to address any issues or complaints that we or you have in respect of our relationship; and
      • administration – to administer our relationship with you by responding to your enquiries and to contact you regarding the above, including by electronic messaging such as short message system (“SMS”) ‘texts’, by email, by mail, by phone or in any other lawful manner.
    • Other – We may also collect, use, hold and disclose your personal information for any purpose related to the purposes above that could be reasonably anticipated at the time your personal information was collected, or for other purposes to which you have consented (including as disclosed to you in an information collection statement at the point where we collect your personal information) and any other purpose required or authorised by law (including the Australian Privacy Laws).
    • Sensitive information – To the extent that our obligations under the Australian Privacy Laws in relation to our use of your sensitive information vary from our obligations with respect to use of your personal information that is not sensitive information, we will comply with the obligations applicable to sensitive information.
  4. Who do we share your personal information with?

In the course of conducting our business and providing our goods and services to you, we may disclose your personal information to third parties if this is necessary. By submitting your personal information to us, you consent to us disclosing your personal information in connection with the purposes described in paragraph 4 above. This may include disclosing your personal information to the following third parties:

  • public – the public, if you advertise with us or post information to certain public parts of our Platforms;
  • counterparties – our clients, suppliers, contractors and organisations that we provide services to or which provide us with services;
  • advisers – our accountants, insurers, lawyers, auditors and other professional advisers;
  • permitted – any other third parties you have directed or permitted us to disclose your personal information;
  • acquirers – if we or our assets are acquired or considered for acquisition by a third party, that third party and its advisors; and
  • law – where disclosure is authorised, compelled or permitted by law.
  1. Can you remain anonymous or use a pseudonym?
    • Identity – We will, if practicable, allow you to use a pseudonym or to not identify yourself, unless this is impractical or against the law (including the Australian Privacy Laws). However, actual names associated with third party payment methods will be collected during the billing process, if you pay for anything through our Platforms.
    • Restrictions – In some instances, if you do not provide us with your personal information, we may not be able to provide you with the relevant goods, services and/ or information. This may have an effect on whether we can begin or continue a relationship with you.
  2. Do we disclose your personal information overseas?
    • Disclosure
      • Overseas – We may disclose your personal information to third parties located outside Australia, in order to assist us in providing goods and/or services to you.
      • Countries – We generally disclose your personal information to recipients located in the United States of America.
    • Service providers – We may also engage overseas service providers to provide services to us (like cloud storage services or other types of network or electronic systems) from time to time, which may not necessarily always involve a disclosure of your personal information to that overseas service provider.
    • Approval – By providing us with your personal information, you:
      • consent – consent to your personal information being used, stored and disclosed to overseas recipients for the purposes necessary to operate our business; and
      • acknowledgement – acknowledge that:
        • not bound – any such overseas recipients will not be required to comply with the Australian Privacy Laws; and
        • breaches – in the event that an overseas recipient breaches the Australian Privacy Laws, that entity will not be bound by, and you may not be able to seek redress under, the Australian Privacy Laws.
  1. Is your personal information protected and secure?
    • Protection
      • Steps – We take all reasonable steps to keep your personal information secure and to ensure it is protected against misuse, loss, unauthorised access, modification or inappropriate disclosure.
      • Methods – We do this by:
        • technical installing security and access requirements for our information technology (IT) systems, such as passwords, firewalls and virus scanning software;
        • policies having document storage and destruction policies;
        • identity only providing you with your personal information where we are satisfied as to your identity; and
        • encryption encrypting data and other personal information during internet transactions (if any).
      • Storage – We may hold and store your personal information in both hard copy and electronic forms, and will take reasonable steps to store it in secure systems accessible only to authorised personnel.
      • End of use – If we no longer need your personal information for any valid purpose for which the information may be used or disclosed, or there is no need for it to be kept by law, it will be destroyed or permanently de-identified.
      • Comments – When you leave comments on our Platforms, we collect the data shown in the comments form, and also your IP address and browser user agent string to help with spam detection. The comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically, instead of holding them in a moderation queue.
      • Accounts – If you register for an account on our Platforms, we also store the personal information you provide in your user profile. You can see, edit or delete your personal information at any time (although you cannot change your username). Our Platform administrators can also see and edit this information. We may also provide an anonymised string created from your email address (also called a ‘hash’) to the ‘Gravatar’ service to see if you are using it. (The Gravatar service’s privacy policy is available at: automattic.com/privacy/.)
      • Images – After approval of any comment you make on our Platforms, your profile picture will be visible to the public in the context of your comment.
      • Location data – If you upload images to our Platforms, you should avoid uploading images with embedded location data (‘EXIF GPS’ – exchangeable image file format, global positioning system) included. Visitors to our Platforms can download and extract any location data from images on our Platforms.
      • Security – The security of your personal information is important to us, but remember that no method of transmission over the internet, or method of electronic storage, is completely secure. Whilst we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.
  1. Employees
    • Staff information
      • Collection – We collect information in relation to employees as part of our recruitment process and during the course of employment.
      • Types – If you apply for a job with us, we may collect your personal information, which typically includes the information in your application or resumé, such as your name, address, contact details, employment details, referees, details and other information related to your career.
      • Third parties – We may obtain personal information about you from a third party (for example, nominated referees, professional bodies you claim to be affiliated with, educational institutions or other training organisations you claim to have qualifications from, and employment or recruitment consultants).
    • Requirements – Under Australian Privacy Laws, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship.
  2. Direct marketing
    • Use – We may use your personal information to provide you with information about goods and services, special offers and promotions, either from us or from third parties which we consider may be of interest to you, by email, phone or SMS, where you have consented to us doing so or it is otherwise permitted by law.
    • Opting out – You may ‘opt out’ at any time if you no longer wish to receive marketing information. You may make this request by contacting us, or by ‘unsubscribing’ from our marketing messages.
  3. Cookies
    • Platforms – Our Platforms use ‘cookie’ technology in order to provide information and services to Platform Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our Platforms.
    • Tracking technologies – We use cookies and similar tracking technologies to track the activity on our Platforms and store certain information. Tracking technologies used are beacons, tags and scripts to collect and track information and to improve and analyse our Platforms.
    • Opt-in – If you leave a comment on our Platforms you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one (1)
    • Visiting – If you visit a login page on our Platforms, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
    • Login – When you login, we will also set up several cookies to save your login information and your screen display choices. Login cookies will last for two (2) days, and screen options cookies last for one (1) If you select “Remember Me”, your login cookies will persist for two (2) weeks. If you log out of your account, the login cookies will be removed.
    • Articles – If you edit or publish an article or other post on our Platforms, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post identity of the article you just edited. It will expire after one (1)
    • Nature – Cookies can be ‘persistent’ or ‘session’ cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your browser.
    • Refusal – If you do not wish to receive any cookies you can instruct your browser to refuse all cookies, or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some or all parts of, or take full advantage of the products and services available on, our Platforms.
  4. Links and embedded content from other websites
    • Third party sites – Our Platforms may contain links to other websites operated by third parties. We are not responsible for any third party websites and we make no representations or warranties in relation to the privacy practices of those third party websites. We encourage you to read the privacy policy of any third party website that we may provide a link to on our Platforms.
    • Embedded contents – Any articles available on our Platforms may include embedded content (for example, videos, images, articles, and the like). Embedded content from other websites behaves in exactly the same way as if you have visited that These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
  5. Changes to our Privacy Policy
    • Updates – We may update our Privacy Policy from time to time and the changes will be effective immediately upon being made public on our Platforms.
    • Availability – An up-to-date copy of our privacy policy is available on our Website.
  6. How to access, correct or update your personal information
    • Access
      • Steps – We take reasonable steps to ensure that your personal information we collect, use and disclose is accurate, complete and up-to-date.
      • Access – You may request access to your personal information that we hold about you and/or to make corrections to that information at any time.
      • Identity – To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections to your personal information.
      • Laws – We will provide access to your personal information in accordance with the Australian Privacy Laws, subject to certain exemptions which may apply.
      • Refusal – In circumstances where we refuse access, we will provide you with a written notice stating our reasons for refusing access.
      • Costs – We may seek to recover reasonable costs we may incur for providing you with access to your personal information we hold about you.
    • Requests
      • Method – You can make a request to access or make a correction to your personal information by contacting us (see section 16 below).
      • Response – We will endeavour to respond to any request for access to or correction of your personal information within a reasonable time.
  1. What to do if you have a privacy complaint or concern
    • Concerns
      • Contact – If you have a question or want to make a complaint about our privacy policy or how we handle your information, please contact us (see section 16 below).
      • Details – When contacting us, please provide full details of your question, concern or complaint.
      • Investigation / resolution – We take all complaints very seriously and we will take steps to investigate and resolve complaints within a reasonable period.
      • Further information – Please note, we may require further information from you in order to investigate and resolve any complaints.
      • Time – If we need more time, we will notify you about the reasons for the delay and seek to agree a longer period with you. (If you do not agree, we may not be able to resolve your complaint.)
    • OAIC – If we cannot resolve your complaint or you dissatisfied with the handling of your complaint, you may contact:

Office of the Australian Information Commissioner
Address:           GPO Box 5218, Sydney NSW 2001
Telephone:        1300 363 992
Email:               enquiries@oaic.gov.au
Website:           www.oaic.gov.au.

  1. Contact us

The contact details for our Privacy Officer are:

MotoCloud Pty Ltd (ABN 88 646 914 847)
Attention:       the Privacy Officer
Email:            info@motocloud.online
Website:        www.motocloud.online

 

Last updated: 19 November 2021.

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