PRIVACY POLICY
PricesPuff by LEGISHARE
This Privacy Policy explains how Timothy Paul Harvey trading as LEGISHARE, ABN 32 823 410 621 (we, us or our) collects, holds, uses, discloses and otherwise handles your personal information in connection with the PricesPuff mobile application, the website at www.pricespuff.com and any related services (together, the App). It applies to your use of the App.
1About this Privacy Policy
1.1We are committed to protecting your privacy and to handling personal information in accordance with the Privacy Act and the APPs.
1.2We comply with the APPs, and we handle your personal information in accordance with them, whether or not the small business exemption in the Privacy Act would otherwise apply to us.
1.3By using the App, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with how we handle personal information, you should not use the App.
1.4This Privacy Policy forms part of, and should be read together with, our Collection Notice and the App Terms and Conditions.
2Definitions
2.1In this Privacy Policy:
- App Terms and Conditions
- means our app terms and conditions, as made available to you in the App and on our website and updated from time to time.
- APPs
- means the Australian Privacy Principles set out in Schedule 1 to the Privacy Act.
- Collection Notice
- means the privacy collection notice we make available to you in the App and on our website.
- Device Identifier
- means the anonymous identifier that the App assigns to your device.
- Handle
- means the display name you choose to identify your contributions in the App.
- Leaderboard
- means any feature of the App that publicly recognises contributors, including any "Top Contributors" listing.
- personal information
- has the meaning given in the Privacy Act, and generally means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
- Price Report
- means a report you submit to the App of a price you have observed in a Store, comprising the item, the quantity or unit, the price, the Store and the time of the report.
- Privacy Act
- means the Privacy Act 1988 (Cth).
- sensitive information
- has the meaning given in the Privacy Act, and includes information about a person's health, racial or ethnic origin, political opinions and religious beliefs.
- Store
- means a retail store or other outlet at which a price the subject of a Price Report is observed.
- you
- and your mean the individual using the App.
3The kinds of personal information we collect
3.1The kinds of personal information we collect depend on how you use the App. They include the categories described in this clause.
(a)Device Identifier: the anonymous identifier the App assigns to your device, which links your Price Reports to one another.
(b)Price Reports: the item, the quantity or unit and the price you report, the Store you nominate, and the date and time of your report.
(c)Handle: the display name you choose, if you choose one.
(d)Location information: your approximate location. Approximate location is necessary for the App to work, because the App shows you the prices reported at Stores within a radius that you choose. If you do not allow the App to access your approximate location, you will not be able to use the App.
(e)Contact information: your email address, if you give it to us when you contact us or, once we make accounts available, when you register an account.
(f)Technical and usage data: information about your device and how you use the App, including device model, operating system version, app version, in-app activity, crash reports and performance data.
(g)Communications: the content of any enquiry, support request, price complaint or other communication you send us.
(h)Consent record: a record that you have accepted this Privacy Policy and the App Terms and Conditions, comprising an irreversible hash of your Device Identifier, the version of each document you accepted and the version of the App.
3.2We treat this information as personal information. Although the Device Identifier does not carry your name, the combination of the Device Identifier, your approximate location and your reporting history may make you reasonably identifiable.
3.3We do not collect sensitive information. We do not collect payment card details, and we do not collect your precise location.
4How we collect personal information
4.1We collect personal information in the following ways:
(a)directly from you, when you submit a Price Report, choose a Handle, make a price complaint or contact us;
(b)from your device, when you permit the App to access your approximate location, which you must do in order to use the App; and
(c)automatically, through your use of the App, using the analytics and infrastructure tools of the service providers described in clause 8.
4.2Where it is reasonable and practicable, we collect personal information about you directly from you. If we receive personal information about you that we did not solicit, we will deal with it in accordance with the APPs.
4.3Before you use the App for the first time, we show you a privacy summary and ask you to accept the App Terms and Conditions and this Privacy Policy. We keep a record of that acceptance. We ask for permission to access your approximate location only after you have given it.
5Why we collect, hold, use and disclose personal information
5.1We collect, hold, use and disclose personal information for the following purposes:
(a)to publish your Price Reports in the App to other users;
(b)to show you the prices reported near you;
(c)to calculate and display the figures explained in the "How PricesPuff numbers work" guide, including medians and price ranges;
(d)to maintain the integrity of the price information, including by detecting outlying, duplicated or manipulated Price Reports, by applying rate limits and by keeping an audit trail;
(e)to operate any Leaderboard in which you choose to take part;
(f)to investigate and respond to a complaint about a price, including a complaint made by a Store;
(g)to respond to your enquiries and provide support;
(h)to maintain, secure, test and improve the App, including diagnosing faults and analysing usage;
(i)to produce the aggregated and de-identified information described in clause 7;
(j)to send you service messages and, where permitted, communications about the App, as described in clause 10; and
(k)to comply with our legal obligations and to establish, exercise or defend legal claims; and
(l)to record and evidence your acceptance of this Privacy Policy and the App Terms and Conditions.
5.2We will not use or disclose your personal information for a purpose other than the purpose for which it was collected, unless you would reasonably expect us to do so for a related purpose, you have consented, or the use or disclosure is otherwise permitted or required by law.
6Information that is public in the App
6.1The App is a public noticeboard. When you submit a Price Report, the item, the quantity or unit, the price, the Store and the time of the report are published in the App and can be seen by other users.
6.2A Price Report does not display your name, your email address or your Device Identifier.
6.3If we make a Leaderboard available, and you choose a Handle and take part in it, your Handle and the number of Price Reports you have made may be seen by other users. Taking part is optional, and you can turn it off at any time in the App's settings.
6.4A Handle, together with the pattern of your Price Reports, may make you identifiable to a person who knows you. You should not choose a Handle that identifies you unless you are content for it to be public. We do not display your approximate location, or your full reporting history, alongside your Handle.
6.5Once information has been published in the App, another user may have seen, saved or recorded it. We cannot retrieve information that another user has already accessed.
7Information we may provide to Stores
7.1We do not at present provide information about reported prices to Stores, or to any other third party. If we do so, we will provide it only in aggregated and de-identified form. Examples of the information we may provide include the number of users who report prices at a Store, the general areas in which those users report prices, and price trends over time.
7.2We do not provide a Store with information about the behaviour of an individual user, including which items a particular user reports, when that user reports them, or which other Stores that user reports at.
7.3Where we provide aggregated information, aggregation protects you only where the group is large enough. We suppress any figure that is drawn from a small number of users, so that it cannot be traced back to an individual.
7.4We do not sell personal information. We do not disclose personal information to a Store, or to any other person, for a benefit, service or advantage.
7.5We do not provide a Store with a real-time or near real-time feed of the prices reported at its competitors.
7.6If we later decide to provide information of a different kind, or to monetise personal information, we will update this Privacy Policy and obtain your express consent before we do so.
8Disclosure of personal information
8.1We do not sell your personal information. We disclose personal information only as described in this Privacy Policy, including:
(a)to other users of the App, to the extent described in clause 6;
(b)to our service providers, who help us operate the App, including the providers of our cloud hosting, application infrastructure, analytics, crash reporting and mapping services, and Apple Inc. and Google LLC for app distribution;
(c)to professional advisers, such as our lawyers and accountants, where reasonably necessary;
(d)to a purchaser or potential purchaser if we sell or reorganise our business, subject to equivalent privacy protections; and
(e)to a person or body where we are required or authorised by law to do so, including to a court, tribunal or regulator.
8.2We require our service providers to handle personal information consistently with this Privacy Policy and applicable law, and to use it only for the purpose of providing their services to us.
9Overseas disclosure
9.1Some of our service providers, or their infrastructure, may be located outside Australia. Where we disclose personal information to an overseas recipient, we take reasonable steps to ensure that the recipient handles it consistently with the APPs, and we remain accountable for the way in which it is handled.
10Communications and direct marketing
10.1We may send you service messages that are necessary to operate the App, such as security and account notices. You cannot opt out of these while you use the App.
10.2We will only send you promotional communications where you have consented, or where we are otherwise permitted to do so under the Spam Act 2003 (Cth) and the Privacy Act. You can opt out of promotional communications at any time using the unsubscribe function or by contacting us.
10.3We do not disclose your personal information to a Store, or to any other person, for that person to use in direct marketing to you.
11How we keep personal information secure
11.1We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. These steps include encrypting data in transit and at rest, restricting access to personal information to those who need it to do their work, storing credentials and keys securely rather than in plain text, and reviewing our security arrangements.
11.2No method of transmission or storage is completely secure. While we work to protect your personal information, we cannot guarantee absolute security.
11.3You are responsible for keeping your own device secure.
12Data breaches
12.1We maintain procedures to detect, assess and respond to data breaches. If we become aware of an eligible data breach, we will notify the affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act.
13Retention, de-identification and deletion
13.1We hold personal information only for as long as it is needed for the purposes described in this Privacy Policy, or as required by law. When personal information is no longer needed, we take reasonable steps to destroy it or to ensure that it is de-identified.
13.2You can delete your Device Identifier at any time using the tool we provide in the App. When you do:
(a)we delete the Device Identifier, and the link between it and your Price Reports, within 14 days;
(b)we delete your Handle and remove it from any Leaderboard within 14 days;
(c)your Price Reports remain in the App without any identifier linking them to you, because they form part of the price history that other users rely on; and
(d)aggregated or de-identified information that does not identify you may be retained indefinitely; and
(e)we retain the record of your acceptance described in clause 4, which does not identify you once the Device Identifier has been deleted.
13.3We may retain information for longer where we are required to retain it by law, or where we need it to resolve a dispute, to investigate a complaint about a price, or to enforce our agreements.
14Access and correction
14.1You have the right to ask for access to the personal information we hold about you, and to ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading.
14.2To make an access or correction request, contact us using the details in clause 19. We will respond within a reasonable period. There is no charge for making a request, although we may charge a reasonable amount for giving access in some cases. If we refuse a request, we will tell you why in writing and how you can complain.
15Complaints
15.1If you have a concern or complaint about how we have handled your personal information, please contact us using the details in clause 19. We will acknowledge your complaint and aim to resolve it within a reasonable period.
15.2If you are not satisfied with our response, you may complain to the OAIC at oaic.gov.au or by telephone on 1300 363 992.
16Children
16.1The App is intended for adults. We do not knowingly collect personal information from anyone under 18 years of age. If you believe that a person under 18 has provided us with personal information, please contact us and we will take reasonable steps to delete it.
17Our website
17.1Our website may use cookies and similar technologies to help it function and to understand how it is used. You can manage cookies through your browser settings. Our website may link to third-party sites, which have their own privacy practices that we do not control.
18Changes to this Privacy Policy
18.1We may update this Privacy Policy from time to time. If we make a material change, we will take reasonable steps to notify you, such as through the App or by email, and we will update the date at the top of this Privacy Policy. The version that applies is the one in effect when you use the App.
19How to contact us
19.1If you have any questions about this Privacy Policy, or wish to make a request or a complaint, please contact us:
(a)Privacy contact: Timothy Paul Harvey trading as LEGISHARE
(b)Email: support@pricespuff.com
This Privacy Policy is governed by the laws of South Australia.