Privacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Pooltrackr Pty Ltd (ACN 613
848 221) trading as “Pooltrackr” and its related entities or body corporates. We are committed to respecting your privacy. Our Privacy
Policy sets out how we collect, use, store and disclose your Personal Information.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our Site. We encourage you to check our Site periodically to ensure that you are aware of our current Privacy Policy.

Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information and bank details.

Definitions
1. In this Privacy Policy, the following capitalised terms have the following meanings:
  Data Protection Laws means the Privacy Act, the GDPR and the UK GDPR.GDPR means the General Data Protection Regulation (EU) 2016/679 and national laws implementing or supplementing it.Non-personal Information means information that does not relate to a person and/or cannot be used to identify a person.
  Personal Information means any information which can be used to identify an individual, and described in detail in clause Privacy Act means the Privacy Act 1998 (Cth).
  Services means the provision of the Site and any other goods or services offered through the Site or by us.
  Site means our website https://pooltrackr.com/ or any landing
  page, app, platform and any other User interface offered by us, including, without limitation, surveys, correspondence and/or
  marketing activities under the name “Pooltrackr”.
  Spam Act means the Spam Act 2003 (Cth).
  UK GDPR means the UK Data Protection Act 2018 and the UK General Data Protection Regulation.
  User means any person using or registering on the Site whatsoever.
What Personal Information do we collect?
1. We may collect Personal Information about you when you use the Site, register on the Site or interact with us in any way.
2. Information you provide to us: We collect all information that Users voluntarily provide to us through using the Site or interacting with us by any other means including, without limitation, surveys, correspondence and/or marketing activities. This includes
  information provided:
  1. (a) during registration;
  2. (b) during correspondence, enquiries, support services or
    phone calls, or customer surveys; or
  3. (c) uploaded onto the Site in any way.
  The Personal Information we may collect includes without limitation:
  1. (a) basic information such as your first and last name;
  2. (b) contact information including email address and phone number;
  3. (c) demographic information such as postal code, age, and gender;
  4. (d) information related to Services used by you;
  5. (e) other relevant information in relation to your Service needs;
  6. (f) geographic location;
  7. (g) login credentials for third-party websites;
  8. (h) other information obtained by your use of the Site; and
  9. (i) any other information that enables users to be personally identified.
3. Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Site (Automatic Data). Automatic Data, includes without limitation, a
  unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Site, details of the Services we have supplied to you or that you have enquired about, including any additional information necessary to deliver those Services and respond to your enquiries, or information about how you came to the Site. We collect Automatic Data based on your consent which was granted to us by you when you registered as a User and accepted this Privacy Policy.
4. Information we obtain from others: We may also collect or receive Personal Information from third party sources, such as other Users, suppliers, social media or other third-party integrations.
5. Non-Personal Information: When you interact with the Site, we may collect Non-Personal Information. The limitations and requirements of this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-Personal Information. When you register for the Site or otherwise submit Personal Information to us, we may associate other Non-Personal Information (including Non-Personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.
Why do we collect, use and disclose Personal Information?
1. We may collect, hold, use and disclose your Personal Information for the following purposes:
  1. (a) to enable you to access and use our Site, use the Services and interact with other Users;
  2. (b) to operate, protect, improve and optimise our Site, business and our Users’ experience, such as to perform analytics and
    conduct research;
  3. (c) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and
    information requested by you;
  4. (d) to send you marketing and promotional messages and other information that may be of interest to you, including
    information sent by, or on behalf of, our business partners that we think you may find interesting;
  5. (e) to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
  6. (f) to comply with our legal obligations, resolve any disputes that we may have with any of our Users, and enforce our agreements with third parties.
2. We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the Services that you receive.
3. The information we collect is not distributed, sold or leased to third parties for commercial purposes, except to provide Services you have requested or for other purposes when we have your permission or when we are obliged to do so.
Do we use your Personal Information for direct marketing?
1. We and/or our carefully selected business partners may send you direct marketing communications and information about the Services offered on our Site. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us through the contact us feature below, or by using the opt-out facilities provided (e.g. an unsubscribe link).
To whom do we disclose your Personal Information?
1. We may disclose Personal Information for the purposes described in this Privacy Policy to:
  1. (a) our employees;
  2. (b) our related bodies corporate;
  3. (c) third-party suppliers and service providers (including providers for the operation of our Site and/or our business or in connection with providing our Services to you);
  4. (d) professional advisers, dealers and agents;
  5. (e) payment systems operators (e.g., merchants receiving card payments);
  6. (f) our existing or potential agents, business partners or partners;
  7. (g) our sponsors or promoters of any competition that we conduct via our Services;
  8. (h) anyone to whom our assets or businesses (or any part of them) are transferred;
  9. (i) specific third-parties authorised by you to receive information held by us; and/or
  10. (j) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Using our Site and cookies
1. We may collect Personal Information about you when you use and access our Site. While we do not use browsing information to identify you personally, we may record certain information about your use of our Site, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
2. We also use cookies, web beacons and other tracking technologies to collect certain information about your equipment, browsing
  actions, and patterns. Below we describe what are cookies and web beacons, why we use cookies and web beacons, the types of cookies and web beacons that we use as well as what you can do in order to manage and delete cookies and web beacons.What are cookies and web beacons?
  1. (a) Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors to their websites. A cookie contains a unique number, which is used to recognize your computer or mobile device when you return to our Site. Cookies can remain on your computer or mobile device for different periods of time. The cookies can be either “persistent” cookies or “session” cookies. Persistent cookies are stored by a web browser and remain valid until a set expiration date. Session cookies only exist while your internet browser is open and are automatically deleted once you close your browser.
  2. (b) Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small electronic files contained on pages of websites that permit companies to count users who have visited certain webpages on a website and are used for other related website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity).
  What do we use cookies and web beacons for?
3. We use a variety of cookies, web beacons and other tracking technologies for different purposes. Specifically, we use cookies
  and web beacons to enhance the experience of our visitors to our Site (for example, by remembering your preferences and letting you navigate between pages efficiently) and to better understand how our Site is used. Cookies may tell us, for example, whether you have visited our Site before or whether you are a new visitor.
4. We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected
  by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.
  What types of cookies and web beacons are used by us?
5. We use both first-party and third-party cookies and web beacons. First-party cookies and web beacons are cookies and web beacons that are served directly by us to your computer or mobile device. Third-party cookies and web beacons are served by a third-party
  service provider on our behalf of us. Third-party cookies are most commonly used for advertising and analytics purposes.
6. There are four categories of cookies and web beacons used by us. Specifically, we use essential, performance, functionality and
  advertising cookies and web beacons.
  1. (a) Essential cookies, web beacons and other tracking technologies are necessary for the operation of our Site. These tracking technologies enable you to move around on our Site and use our Site’s features. You may not opt-out of these types of cookies because they are required to operate our Site.
  2. (b) Performance cookies, web beacons and other tracking technologies collect information about how you have used our Site. We use performance cookies, web beacons and other tracking technologies to improve the user experience with our Site.
  3. (c) Functionality cookies, web beacons and other tracking technologies allow us to remember how you are logged into our Site, when you logged in or out and the actions you have taken while you have been logged into our Site.
  4. (d) Advertising cookies, web beacons and other tracking technologies are used by our third-party service providers to deliver advertising to you on other third-party websites as well as help measure the effectiveness of our advertising campaigns. We also use these types of cookies to analyse our Site visits and ad conversions from third-party websites.
  What are your choices about cookies?
7. It is your choice as to whether or not to accept cookies. Most browsers allow you to configure the browser settings so that cookies from websites cannot be placed on your computer or mobile device. If you choose not to accept cookies, then you may be able to continue browsing our Site but we may not be able to provide you with certain features. If you would like further information about cookies and how to manage and delete them, please visit www.allaboutcookies.org or www.youronlinechoices.eu.
Security
1. We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal
  Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information.
Processing and transfer of your Personal Information
1. Your information, including Personal Information, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. For example, some of the data servers used by us and our third-party service providers are located in Australia, New Zealand, United States of America, Canada, Asia and any other countries where we have a presence or engage third parties.
2. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
3. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and Personal Information.
Retention
1. Ordinarily, we will retain your Personal Information as long as you are registered to the Site as a User, and for a period of 3 months following you closing your account. You may close your account by contacting us. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
Exclusions
1. Links: Our Site may contain links to websites operated by third parties. Those links are provided for convenience and may not
  remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.
2. Personal Information Provided to Others: This Privacy Policy does not apply to any Personal Information that you provide to
  another User or visitor through the Site or through any other means, or information posted by you to any public areas of the Site.
Limits of our Policy
1. This privacy policy covers you only if:
  1. (a) you are a visitor to our Site;
  2. (b) you are a client or you register to use our Services; or
  3. (c) we have received your Personal Data in connection with our surveys, correspondence and/or marketing activities or by other means.
2. We are the controller of your Personal Data to the extent that the above applies to you.
3. For clarity, this privacy policy does not apply to any data collected by our clients even if it’s processed through our Services. With respect to data collected by our clients, the client is the controller and we are a processor. We may process the data collected by our clients sent to us only in accordance with the instructions of our clients.
4. Our clients, not us, choose the type of data collected by our clients in using our Services, and it is processed, transferred and stored through our clients use of our Services. We may process the data collected by our clients only according to the instructions of our clients and our legal obligations with respect to the data collected is set forth in the agreement between us and our clients. The
  collection of data by our clients through our Services is governed by our clients’ privacy policies, and if you have provided data to a
  client then you should review the client’s privacy policy to learn more about the client’s data handling practices.
5. While we recognize that an individual has the right to access, delete and amend the data collected about that individual, we do
  not have a relationship with a person providing data to a client but rather only with our clients. If you have provided data to a client in
  using our Services and you would like to access, amend or delete your data, then you need to contact the client directly and we will respond within a reasonable period of time to any such request by our client.
6. We only retain the data collected by our clients that we process on behalf of our clients for as long as necessary to provide our Services to our clients or as required to comply with legal obligations, resolve disputes and enforce any agreement.
Accessing or correcting your Personal Information
1. You can access the Personal Information we hold about you by contacting us using the contact us feature below. Sometimes, we
  may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.
2. If you think that any Personal Information we hold about you is inaccurate, please contact us using the contact us feature below and we will take reasonable steps to ensure that it is corrected.
3. We will consider and respond to all requests in accordance with all applicable laws.
GDPR Privacy
1. To the extent that the GDPR or UK GDPR applies to us and your Personal Information, this clause applies. Legal Basis for Processing Personal Information under GDPR
2. We may process Personal Information under the following conditions:
  1. (a) Consent: You have given your consent for processing Personal Information for one or more specific purposes.
  2. (b) Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  3. (c) Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which we
    are subject.
  4. (d) Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
  5. (e) Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in us.
  6. (f) Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by us.
3. In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
  Your Rights under the GDPR
4. We undertake to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights.
5. You have the right under this Privacy Policy, and by law if you are within the EU or the UK, to:
  1. (a) Request access to your Personal Information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your Account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal
    Information we hold about you.
  2. (b) Request correction of the Personal Information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
  3. (c) Object to processing of your Personal Information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
  4. (d) Request erasure of your Personal Information. You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it.
  5. (e) Request the transfer of your Personal Information. We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  6. (f) Withdraw your consent. You have the right to withdraw your consent on using your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.
  Exercising of your GDPR Data Protection Rights
6. You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
7. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA) or the UK, please contact your local data protection authority in the EEA
  or the UK.
Making a complaint
1. If you think we have breached the Privacy Act or any other relevant privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the contact us feature below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Contact Us
1. For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:
2. info@pooltrackr.com

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