banner-img

Privacy Policy

Last Updated: 01/03/2019

 

  1. General

 

1.1 This Privacy & Cookies Policy (“Policy”) is provided by Formee Holdings Pty Ltd (“we”, “our” and “us”) which sets out our commitment to protecting the privacy of Personal Information (defined below) provided to us, or otherwise collected by us, offline or online, including through our website at https://formee.com.au/ (“Site”) and associated mobile application (“App”) for the purposes of or in connection with our services provided via the Site and/or App (“Services”).

 

1.2 This Policy describes how Personal Information of users of the Site, App and/or Services (“you”, “your” and “yours”) will be collected, used and shared in connection with your use of our Site, App and/or Services as well as your rights and choices regarding the information you provide to us. “Personal Information” means, as defined under the Australian Privacy Act 1988 (“Privacy Act”), information or an opinion about an identified individual, or an individual who is reasonably identifiable (a) whether the information or opinion is true or not, and (b) whether the information or opinion is recorded in a material form or not.

 

1.3 Whenever we require you to provide us with your Personal Information, you will be notified of this Policy and your consent to be abide by this Policy will be sought. However, by using, or continuing to use, our Site, App and/or Services, or interacting with us using your Personal Information, or voluntarily submitting your Personal Information to us when using the Site, App and/or Services, you are deemed to have agreed and consented to providing your Personal Information and the manner in which your Personal Information will be handled as set forth in this Policy.

 

1.4 We may modify, vary or update this Policy from time to time to reflect any changes to our privacy practices. You should periodically visit this page to review the current terms of this Policy so that you are aware of any updated terms to which you are bound. If we do so, we will either notify you via e-mail to your email address that you registered with us or post the changes on this page and update the “Last Updated” date at the top of this page as the effective date of change. However, any changes will not apply retrospectively.

 

1.5 If you have any questions, concerns or complaints about this Policy, or if you wish to exercise your rights pursuant to the Privacy Act or this Policy, please contact us via registered mail or email (which must be sent from your email address that you registered with us as we may not respond to any third party acting on your behalf) at: -

 

Formee Holdings Pty Ltd

 

E-mail: info@formeeholdings.com

 

2. Your Rights

 

  1. Choice and consent: Please read this Policy carefully. By providing Personal Information to us, you consent to us collecting, holding, using and disclosing your Personal Information in accordance with this Policy. You may decline to provide us with your Personal Information. If you choose not to provide any Personal Information whenever required by us, this may limit your ability to use certain features of the Site, App and/or Services, or we might not be able to provide or adequately deliver our Services to you.

 

  1. Information from third parties: If we receive Personal Information about you from a third party, we will protect it as set out in this Policy. If you provide us Personal Information on behalf of someone else, you represent and warrant that you have obtained the consent from that person to provide such Personal Information on his/her behalf and that other person has agreed that you can act on his or her behalf to (i) provide consent to the processing and use of his/her Personal Information in accordance with this Policy, (ii) receive any data protection notices, and (iii) view or change his/her Personal Information. You agree to indemnify and hold us (including our shareholders, directors, officers, employees, agents, contractors or affiliates) harmless from any claim that such authority did not exist.

 

  1. Restrict: You may choose to restrict the collection or use of your Personal Information. If you have previously agreed to us using your Personal Information for direct marketing purposes, you may change your mind at any time by contacting us using the details above.

 

  1. Access: You may request details of the Personal Information that we hold about you.  An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act, we may refuse to provide you with Personal Information that we hold about you and provide you our reasons accordingly.

 

  1. Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details above. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

 

  1. Withdrawal of Consent: You may, by notice in writing to us, withdraw your consent to providing your Personal Information to us. We shall as soon as practicable cease processing your Personal Information, destroy or delete the information, or remove the means by which the data can be associated with you within thirty (30) days from the receipt of your notice, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect our interests.

 

  1. Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details above and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

 

  1. Unsubscribe: When you register for an account with us on the Site or App, you may be given the option to elect to receive updates on our latest services, news and special offers, and those of our valued affiliate service providers or business partners ("Marketing Material"), via your account with us, e-mail address, post and/or telephone. Once you opt-in to receive Marketing Material, you may, at any time, opt-out of receiving Marketing Material. To opt-out or unsubscribe from receiving Marketing Material, please contact us using the details above or opt-out using the opt-out facilities provided in the communication.

 

  1. If you wish to exercise any of the rights above, please:

 

  1. address your request in writing to us using the contact details above;

 

  1. provide us with sufficient information, or we may request for further information, for us to verify your identity as our security measures to ensure that Personal Information is not disclosed to any person who has no right to receive it; and

 

  1. specify the right which you wish to exercise and identify the relevant Personal Information for this purpose.

 

We will endeavor to respond to all legitimate requests within thirty (30) days unless your request is particularly complex or you have made multiple requests.

 

3. Types of Data that we collect

  1. Personal Information that you provide directly to us. When you use our Site, App and/or Services, your Personal Information may be collected by us through your voluntary submission. When you provide Personal Information to us, you are responsible for ensuring that such information is accurate, complete, not misleading and up-to-date. The types of Personal Information we may collect about you include:

 

  • your name;

 

  • images of you;

 

  • your contact details, including email address, mailing address, street address and/or telephone number;

 

  • your credit card details;

 

  • your demographic information, such as postcode;

 

  • GPS location of your web browser or device as our Site or App may make use of the Google Maps API to assist with location based information. More information about the Google Maps API and the related privacy policy can be found here http://www.google.com/privacy.html;

 

  • your preferences and/or opinions;

 

  • information you provide to us through customer surveys;

 

  • details of products and services we have provided to you and/or that you have enquired about, and our response to you;

 

  • additional Personal Information that you provide to us, directly or indirectly, through your use of our Site, App, associated social media platforms and/or accounts from which you permit us to collect information; and

 

  • any other Personal Information requested by us and/or provided by you or a third party.

 

3.2 Personal Information from third party sources. We may also collect certain of your Personal Information from third party sources, for example, from credit reporting agencies, social media sites, our affiliates, analytics providers, advertisers, data brokers, and identity verification and compliance service providers.

 

3.3 Non-Identifiable or Aggregated Data. When you interact with us through our Site/App, we may receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Site/App, the number of visitors to each page of the Site/App, the domain names of our visitors' Internet service providers, and how users use and interact with our Site/App. Also, in an ongoing effort to better understand and serve users of our Services, we often conduct research on our customer demographics, interests and behavior based on Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share such non-identifiable and aggregate data with our affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes. However, if we combine or connect such non-identifiable or aggregated data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Privacy.

 

3.4 Sensitive Information. “Sensitive information” is a subset of personal information, which include information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. If we collect, use or disclose any information from you that is sensitive information (such as information relating to police checks conducted on users of our Site or App), then we will seek consent directly from you each time we collect, use or disclose your sensitive information. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.

 

3.5 Data Minimalisation. We collect only relevant and minimal Personal Information limited to what is necessary in relation to the purposes for which they are collected and processed.

 

4. How we use your Personal Information

 

4.1 Our primary objective in collecting and using your Personal Information is to provide, facilitate, maintain, personalise and/or improve our Site, App and/or Services. Below are the more detailed examples of relevant purposes for which we may collect and use your Personal Information (collectively, “Purposes”):

 

  1. for identification and authentication purposes so as to enable you to access and use our Site, App and associated social media platforms or otherwise our Services;

 

  1. to provide you with products and/or services which you have subscribed for and to notify you about important changes or developments to the features;

 

  1. to enable the sharing, transfer, retrieval, updating and processing of your Personal Information as well as creation of member profile and user accounts between our related corporations, affiliates subsidiaries, associates and business partners, where applicable, to enable you to receive and enjoy the services, benefits and privileges related to our Services;

 

  1. to fulfil our transactions with you and your transactions, including but not limited to enabling delivery of products or services by our registered vendors or service providers with whom you have confirmed a booking, appointment or purchase, processing your payment transactions, sending notifications to you or to the relevant vendors or service providers (including sharing of location and contact information to enable communication between end-users and vendors) and for other operational and administrative purposes;

 

  1. to update and manage the accuracy of our customer database and records;

 

  1. to send you information on our products, services, programs (e.g. loyalty programs where applicable) or transactions you have undertaken with us, and special promotional offers, programs (e.g. loyalty programs), newsletters or customer survey forms and questionnaires;

 

  1. to conduct research and development, including to perform market, demographic or trend analysis/survey for research and marketing purposes, and for data aggregation and analytics;

 

  1. to provide you with information of our products and services and those of our related corporations, affiliates, subsidiaries, associates and business partners (where applicable) for cross selling, marketing and promotions including administering offers and competitions, driving engagement in respect of our Services and third-party products and services which may be of interest to you based on your interactions with us. Such communication may be in the form of postal mails, emails, text messages, social media channels, newsletters, brochures or other printed or digital communication;

 

  1. for communications and to ensure customer satisfaction, which may include to provide customer support, to contact you regarding any complaints, feedback, queries or requests or to generally resolve disputes, to conduct surveys for improvement of our products and services, or to enforce our terms and conditions relating to our Site, App or Services;

 

  1. for security measures, including to prevent, detect or prosecute crime; to facilitate investigations into any suspicious or illegal activity on the Site or App or relating to the use of our Services; and to otherwise comply with legal and regulatory obligations;

 

  1. for such other purposes as set out in any other terms and conditions (including product terms and conditions) and campaign terms and conditions (if applicable); and

 

  1. to protect our interests and other ancillary or other purposes reasonably relate to the aforesaid;

 

  1. for any purpose made known to you at the time of collection of your Personal Information;

 

  1. for any purposes exempted under the applicable laws.

 

4.2 If we intend to use, handle or process any Personal Information in any manner that is not consistent with the Purposes or this Policy, you will be notified in accordance with paragraph 1.4 above.

 

4.3 You are not anonymous to us when you log onto our Site or App or post any content (including advertisements, job or service requests, bookings or appointments, items to be supplied, comments or feedback) on or through our Site, App, social media channels or any associated forum. To enable us to improve our existing services and to create new service features, we may collect, and share with other users and service providers on our Site or App, information about the way you use our Services, including (but not limited to) the transactions you enter into on or through the Site or App, your feedback rating the comments you post, and the transactions you enter into with our valued affiliate service providers.

 

4.4 When you (i) use our Site or App to post a content, or request for a job or service, or make a purchase, or provide feedback on other users; or (ii)  otherwise communicate in a public forum on our Site or App to which other users have access, your name or user ID and all the material that you post is visible to other users of the Site or App and may also be publicly available to other internet users. We strongly encourage you to use caution and discretion when posting any publicly viewable content. We do not in any way control, and do not accept any responsibility or liability whatsoever for, the disclosure or use of Personal Information which is voluntarily posted by you in any publicly accessible area of the Site or App.

 

4.5 Additionally, we may also collect data on your internet behavior from Facebook, other social media sites, and other services. If you use a location- enabled service provided by us, we may collect and process information about your actual location (for example, GPS signals sent by your mobile device). We may also use a range of different technologies to confirm your location.

 

  1. Use of Cookies and Similar Technologies

 

    1. Cookies

In order to improve our Services, we may collect data by way of “cookies”. A cookie is a small text file containing small amounts of information which are automatically downloaded into your computer (or other electronic device) when you access to the Site/App. Cookies help us to measure the number of visits, average time spent, page views and other statistics relating to your access to the Site/App. This information allows us to better administer the Site/App, and provide a more tailored and user-friendly service to users. Cookies also enable you to use or access certain features or services of the Site/App. Each time you visit the Site/App from the same computer or device, the cookie will be retrieved from your computer or device, enabling the Site/App to recognise your computer or device as having previously visited the Site/App and thereby increase the functionality of the Site/App on your computer or device. Therefore, generally, we use cookies to:

 

  1. recognise your browser as a previous visitor and save any preferences that may have been set during your last visit to the Site/App;

 

  1. obtain information about your preferences, online movements and use of the Internet;

 

  1. track website analytics and carry out research and statistical analysis to help improve our content, products and services and to help us better understand our visitors’ or customers’ requirements and interests;

 

  1. customise and target our marketing and advertising campaigns and those of our partners more effectively by providing personalised interest-based advertisements;

 

  1. measure and research the effectiveness of our interactive online content, features, advertisements, and other communications;

 

  1. make your online experience more efficient and enjoyable.

 

The information we obtain from our use of cookies will not usually contain your Personal Information. Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.

 

In most cases, we will obtain your consent in order to use cookies on the Site/App. The exception is where the cookies are strictly necessary in order for us to operate the Site/App and/or to provide you with a service you have requested. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent. If you use these features, you may limit the functionality we can provide you when you visit the Site/App. You are free to block, delete, or disable the cookies if your device permits so. You can manage your cookies and your cookie preferences in your browser or device settings.

 

5.2 Third-Party Cookies

 

Third-party cookies are set by third-party sites separate from the Site/App. We work with third-party service providers who are authorised to place third-party cookies and may also set cookies on the Site/App. These third-party service providers are responsible for the cookies they set on the Site/App. If you want further information, please visit the website of the relevant third party. If you would like to opt-out of all other types of technologies we employ on the Site/App, you may do so by changing your browser settings to block, delete or disable these technologies as your browser or device permits.

 

5.3 Log Files

Log file information is automatically reported by your browser each time you access a web page. When you use the Site/App, our servers automatically record certain information your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

 

5.4 Clear GIFs Information (Web Beacons)

 

When you use the Site/App, we may employ clear GIFs (also known as web beacons or tracking pixels) to anonymously track online usage patterns. No personally identifiable information about you is collected using these clear GIFs. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients. The information collected is used to enable more accurate reporting and make the Site/App better for users.

 

  1. How we share your information

6.1 We are not in the business of selling your information. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, such as with:

 

  1. third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

 

  1. our employees, contractors and/or related entities;

 

  1. our existing or potential agents or business partners;

 

  1. sponsors or promoters of any competition we run;

 

  1. anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

 

  1. credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

 

  1. courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

 

  1. third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and

 

  1. third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

6.2 We may also share non-Personal Information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Services or conduct independent research based on such anonymous usage data.

6.3 If you request that we remove your Personal Information in exercise of your rights, we will convey that request to any third-party with whom we have shared your data. We are not, however, responsible for revising or removing your Personal Information obtained by any third party who has previously been provided your information by us in accordance with this Policy or any third party to whom you have provided such information (whether by sharing your login and password, or otherwise).

6.4 Recipients of your Personal Information may be located outside of Australia. You agree that we may transfer your Personal Information to our affiliates, subsidiaries and/or other authorised third parties located outside of Australia as long as the Personal Information is handled in accordance with this Policy and all applicable laws.

 

7. Period of Retention and De-identification

Personal Information provided by you will be retained and stored as long as the purpose for which the data was required continues, unless you request that we remove your Personal Information in exercise of your rights. Thereafter, your Personal Information will be de-identified, which involves removing or altering information that identifies an individual or is reasonably likely to do so. Generally, de-identification includes (i) removing personal identifiers, such as an individual’s name, address, date of birth or other identifying information, and  (ii) removing or altering other information that may allow an individual to be identified, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect our interests. We also need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services or even if your account with us has been deactivated or terminated, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted. If your account with us is deactivated or terminated by us due to your violation of our Terms of Service, certain necessary Personal Information about you will be retained for purposes of enforcing our legal rights.

 

8. Security

8.1 We use industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information from loss, misuse, and unauthorised access or collection, disclosure, alteration, or destruction. We limit access to your Personal Information to those employees who have a business need to have such access. All such people are subject to a contractual duty of confidentiality. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that your information through our Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, managerial, or technical safeguards. While we will use all reasonable efforts to safeguard Personal Information, you acknowledge that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any Personal Information that are transferred from you or to you via the Internet.

8.2 By providing us with Personal Information or using otherwise using our Site, App and/or Services, you consent to the transfer, storage and processing of Personal Information to where our servers, central database and system facilities are located and/or operated, which may be outside of Australia, your country of domicile or the location where you access our Site, App and/or Services to provide Personal Information.

 

9. Monitoring and Checking

9.1 We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.

9.2 For the prevention of fraud and money laundering, we may search the files of credit reference from fraud prevention agencies (who will record the search). If you provide false or inaccurate information and we suspect fraud, we may disclose information about how your interaction with the Site, App and/or Services to such agencies and if the situation warrants it, we may have to report to law enforcement authorities.

9.3 We may preserve the content of any email or "Contact Us" or other electronic message that we receive. Any Personal Information contained in those messages will only be used or disclosed in the manners set out in this Policy. The message content may be monitored by our service providers or employees for purposes, including but not limited to, compliance, auditing and maintenance or where email abuse is suspected.

 

10. Third Party and Exclusions

10.1 This Policy applies to all users of the Site, App and/or Services only. Please note that we do not control, and do not accept any responsibility or liability for, the privacy policy of, and use of your Personal Information by, any party other than Formee, including any user of our Site, App or Services, the operators of any website to which our Site or App links, or third party vendors or service providers to whom you directly provide your Personal Information (including sensitive information if relevant) to.

10.2 While you may encounter links on the Site or App to other websites, such as those relating to our third party partners, advertisers and other parties whom we collaborate with (“Third Party Platforms”), this Policy does not apply to the activities of such Third Party Platforms that may collect your Personal Information when you access or use such third party’s services. The privacy practices of those third parties are not covered by this Policy. The links from the Site do not imply that we endorse or have reviewed the policies of such Third Party Platforms. We suggest you to contact those platforms directly for information on their terms and conditions or policies.

10.3 The Site or App may contain links to third party websites including the networks of our valued affiliate service providers, advertisers, and PayPal, or make available services obtained from third parties, including verification services by third party verification providers. If you follow a link to any of these websites, for instance PayPal payment system, or use any services obtained from third party service providers via the Site or App that requires you to provide Personal Information (including sensitive information if relevant) directly to such third parties (for instance third party verification providers), note that they have their own privacy policies. If you use our Site or App to link to another site, or use a service obtained from a third party service provider via the Site or App, you will be subject to that terms and conditions of use, privacy policy and security statement of that third party’s website or platform. For the avoidance of doubt, if you use any verification services made available by us via our Site or App that is not performed by us but a third party verification provider, then any Personal Information (including sensitive information if relevant) that you provide as required by that third party in order to perform its verification services, will be collected directly by the relevant third party verification provider and will not be collected, handled, stored or otherwise used by us. We will only receive your verification status from the third party verification provider (for example, 'granted' or 'not granted' or such other like status) in order to issue any relevant verification badge on our Site or App. The use and handling of Personal Information (including sensitive information if relevant) remains the responsibility of the third party verification provider under its own privacy policy. We strongly encourage you to view these before disclosing any of your Personal Information on such third party sites.

10.4 This Policy shall not apply to any unsolicited information you provide to us through the Site, App or any other means. This includes, but not limited to, information posted to any public areas of the Site or App, such as message boards, any ideas or feedback, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

 

11. Governing Law

Irrespective of the country from which you access or use the Site, App and/or Services, to the extent permitted by law, this Policy shall be governed in accordance with the laws of Australia without regard to choice or conflicts of law principles.