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Privacy Policy

  1. Definitions

    1. In this Privacy Policy (Policy):

      1. Company Platform means the YOUR FISH APP or other platforms and websites of or managed by us and used by us to provide the Services, the system and server software used to provide the Services, as well as any other cloud based platform and includes any computer hardware on which the YOUR FISH APP or other platform, database, system or server software managed by us is installed.

      2. User, you means you as an individual, who is either an individual or the company or other legal entity on behalf of which you have been granted access to the YOUR FISH APP. Where you are accepting this Policy on behalf of a company or other legal entity on behalf of which you are accessing the YOUR FISH APP, you represent that you are authorised by that company or other legal entity to accept this Policy on its behalf.

      3. Personal Information means information about an identifiable natural person.

      4. Privacy Officer means the Privacy Officer, with contact details provided at clause 18.1.

      5. Services means any services that we provide through the YOUR FISH APP or other services offered by us from time to time either through the YOUR FISH APP or other Company Platform, as described on the YOUR FISH APP or other Company Platform. 

      6. YOUR FISH APP means the Company Platform known as the “YOUR FISH” App, managed by us to provide the Services. 

      7. YOUR FISH, us, we, our means YOUR FISH PTY LTD A.C.N 671 647 304 and all Related Body Corporates (across any jurisdiction).

  2. Introduction

    1. We are NOT subject to the Australian Privacy Principles (APPs), however, notwithstanding this have prepared this Policy to set out how we collect, handle and use Personal Information.

    2. We reserve the right to update this Policy at any time without notice.

    3. In certain circumstances we may also be subject to the EU General Data Protection Regulation (Regulation 2016/679) as it applies to residents in the European Economic Area.

    4. This Policy sets out how we collect, handle and use information that identifies you, for example: your name, email and address.

    5. We care about your privacy and have put measures in place to protect you and the information you have entrusted to us.

    6. We may update this Policy from time to time. While we will not provide notice of the changes to you and you can view the latest version of this Policy on the YOUR FISH APP at any time. 

    7. In this Policy we set out:

      1. the types of information that we may collect; and 

      2. how that information will be used, handled, stored, and disclosed. 

  3. Application 

    1. This Policy applies to Personal Information that we may collect about you in the manner outlined in this Policy. To the extent permitted by YOUR FISH, or as otherwise set out in the Policy, this Policy does not apply to any information that may be collected by a third party and how that third party may use, handle, store or disclose your Personal Information.

  4. Information we collect about you 

    1. We may collect, use, store and transfer Personal Information about you, which information is generally grouped into one of the following types of data:

      1. being your first name, last name, title, address, email address, telephone number and username collected through the YOUR FISH APP or collected and input directly by you; 

      2. where you have elected to ‘opt in’ to provide your location to use the shared location Services of the YOUR FISH APP, the details and history of your location and whereabouts;

      3. details of Services we have provided to you; 

      4. information regarding the IP addresses used to connect your computer or mobile phone to the internet, browser type and version, time zone setting, browser plug-in types and versions, cookies, operating system and platform or type of device;

      5. your username or password from the YOUR FISH APP;

      6. details regarding your interests, preferences, feedback and reviews; 

      7. information about how you use the YOUR FISH APP and our Services, being information regarding your preferencing in receiving marketing from us and your communication preferences;  

      8. subject to clause 9.2, information we may receive from third-parties such as business partners, sub-contractors in technical and delivery services, advertising networks, analytics providers and search information providers, third party applications that plug into the Services;

      9. information, communication or opinions about any of our Services and transactions; and

      10. digital media and content such as video, footage and audio. 

  5. Collection of ‘sensitive information’

    1. We will not request any sensitive information from you as defined under section 6(1) of The Privacy Act 1988 (Cth), unless:

      1. you are adequately informed before giving consent;

      2. you give consent voluntarily;

      3. the consent is current and specific; 

      4. you have the capacity to understand and communicate their consent; or

      5. as required or authorised by or under an Australian law or a court/tribunal order.

  6. How do we collect information from you

    1. We use different methods to collect data from you and about you, including:

      1. (direct interactions) – you may give us your identity, contact, such as your name, sex, age, date of birth, address, email address, phone number, bio, photographs, voice recordings or when you communicate with us by email or through social media financial, profile and proof of identity data by creating an account with us, completing online forms or corresponding with us. 

      2. (interactions you have with other sources) – subject to clause 9.2, we may receive identity, contact, financial, transaction, usage, marketing and communications data from third-parties such as business partners, sub-contractors in technical and delivery services, advertising networks, analytics providers, search information providers and third party applications that plug into the Services;

      3. (automated technologies or interactions) – we may collect information automatically when you download and access our YOUR FISH APP and Services, for example your IP address and device type or details of what you looked at and used in the YOUR FISH APP, what links you clicked on. This information is useful for us to improve the value of our Services to you. We may use the following technologies to collect technical and third-party data:

        1. “cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, please see: https://allaboutcookies.org; 

        2. "log files” track actions occurring on the YOUR FISH APP, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps; and

        3. “web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the YOUR FISH APP and Services.

  7. How do we use your personal information?

    1. We may use your personal data to:

      1. Provide the Service to you;

      2. communicate with you;

      3. to register you as a new user or create an account with us;

      4. to provide technical or other support to you;

      5. to enhance, administer and manager the YOUR FISH APP and Services and develop new ones to administer and protect our business and the YOUR FISH APP; 

      6. to deliver relevant YOUR FISH APP content and measure or understand the effectiveness of the YOUR FISH APP and to ensure the proper function of the YOUR FISH APP and online software;

      7. to protect you;

      8. to market to you including a newsletter and SMS messaging (if we choose to) and make suggestions and recommendations to you about goods, services or promotions that may be of interest;

      9. to analyse, aggregate and report; 

      10. to improve the Services or businesses that we undertake;

      11. to maintain a record in the event of any Service or warranty request;

      12. to manage our relationship with you which may include, notifying you about changes to our terms or this Policy, asking you to leave a review or take a survey, engaging with you in relation to any support request or communication that you may submit;

      13. to facilitate internal training, ensure the effective delivery of Services and to resolve disputes or problems, whether initiated by us or you;

      14. to improve our Services and business activities we undertake,

(the Primary Purposes).

  1. Where we collect Personal Information, we will process the information only for the Primary Purpose, and:

    1. where we have legitimate interests to process the personal data and they are not overridden by your rights;

    2. in accordance with a legal obligation; and

    3. where we have your consent.

  1. Whether giving it is compulsory or voluntary

    1. YOUR FISH will ensure that where possible, any Personal Information requested from you can be provided voluntarily or when requested, anonymously. In that event, you do not have to provide us with the personal data we request, but this may mean that you cannot use some parts of our YOUR FISH APP or the Services.

  2. Data Retention 

    1. We will retain your Personal Information for as long as is necessary for a lawful purpose connected to our relationship with you or for the Primary Purposes.

    2. If it is determined that we should not have possession of Personal Information under a relevant law, we will destroy the Personal Information or ensure that the Personal Information is de-identified. 

    3. We will only collect Personal Information from a third party where it is reasonably necessary for, or directly related to YOUR FISH’s functions or activities as outlined in clause 7 of this Policy.

  3. Do Not Track Settings 

    1. Please note that we do not alter our YOUR FISH APP data collection and use practices when we see a ‘Do Not Track’ signal from your browser.

  4. Storing your Information 

    1. To offer a consistent service to you we may store and manage data electronically or in paper form. Where data is stored electronically, it is done so by a third-party cloud service provider that may store your Personal Information (or a backup of your Personal Information) in a data centre or an online cloud service, as determined by the third-party provider from time to time.

    2. The data that we collect from you may be transferred to and be stored to these servers or subject to clause 14, processed by staff operating in other jurisdictions or who work for us. 

    3. We will take all steps reasonably necessary to ensure that your information is secured from misuse, interference, loss, unauthorised access, unauthorised modification, or unauthorised disclosure. Any information will be handled in accordance with this Policy and applicable privacy laws. Despite using all steps reasonably necessary, the transmission of information through the internet is not completely secure.

    4. Submission of any information to us is an acknowledgement that you agree to such use, storage, and disclosure as outlined in this Policy.

  5. How we disclose your Information 

    1. There may be times when we need to share your Personal Information with third parties. 

    2. If we receive Personal Information from any third party, we will take reasonable steps to ensure that before we collect the information:

      1. we are satisfied that you would reasonably expect us to obtain the Personal Information;

      2. you have authorised the collection of that information; and

      3. that the information is accurate.

    3. We may share your information with:

      1. any and all of our affiliates;

      2. third parties including business partners, suppliers and subcontractors;

      3. where we are required to disclose your information in order to comply with any legal obligation, to enforce any agreements; or to protect the rights, property, or safety of us and our customers, or others. This includes, where relevant, exchanging information with organisations for the purposes of fraud protection and credit risk reduction; 

      4. an actual or potential buyer (and its agents and advisors) in connection with an actual or proposed purchase, merger or acquisition of any part of our business; and

      5. other third-parties where we have your consent, including your implied consent given where disclosure is required for the performance of a contract with you; and

      6. other users (in the event you have elected to ‘opt in’ to share your location and enabled the use of location services on your mobile phone setting for the YOUR FISH App) and in which case, the information will be limited to your username, location and Profile Picture and in the manner designed in the Service and thereby consented to by you.

  6. When will we disclose personal information 

    1. Personal Information will only be used or disclosed for purposes related to the Primary Purposes for which it was collected and is relevant to you (as outlined in clause 7.1.) We will obtain consent from you where appropriate and necessary. Exceptions to this include where:

      1. the use or disclosure is required to lessen or prevent a serious and imminent threat to an individual’s life, health or safety, or to public health and safety; 

      2. we suspects fraud or unlawful activity; 

      3. the use or disclosure is necessary to assist a law enforcement agency in its law enforcement functions; or

      4. the use or disclosure is required or authorised by or under law.

  7. International Data Transfers

    1. We may collect and store Personal Information globally from each jurisdiction we operate in and from each legal entity that is owned or operated by us in different international jurisdictions and may transfer, process and store your Personal Information outside of Australia, to wherever we or our third-party service providers operate for the Primary Purposes. We will take reasonable steps to ensure that any third-party service providers engaged outside of Australia to process and store your Personal Information, do so in accordance with this Policy and any applicable law.

  8. Accessing and Correcting your Information 

    1. You may request access to Personal Information that we hold about you at any time by contacting our Privacy Officer (using the details set out in clause 18 of this Policy.) We will respond to any such request for access to Personal Information within a reasonable time and will provide you access to the Personal Information that we hold relating to you unless we are authorised not to do so by law.

    2. Where permitted by law, we may charge you a reasonable fee for processing your request to access your Personal Information and should we decline you access to your Personal Information, a written explanation will be provided setting out the legal reasoning for doing so. For example, but not limited to, if the information doesn’t exist, cannot be located, the information may involve an unwarranted breach of someone else’s privacy, or releasing it may pose a serious threat to someone’s safety.

    3. If upon receiving your Personal Information, or at any other time, you believe the Personal Information that we hold about you is incorrect, out of date, incomplete, irrelevant, or misleading, please notify our Privacy Officer (using the details set out in clause 18 of this Policy.) We will take reasonable steps in the circumstances to ensure, having regard to the lawful purpose that it was collected, to ensure that the information is accurate, up to date, complete and not misleading.

    4. If we decline to correct your Personal Information as requested by you, a reason for refusal will be provided.

  9. Complaints

    1. If you believe we have not fulfilled our obligations under any relevant law or have not complied with the terms of this Policy or would like to appeal a decision made by us in relation to your Personal Information, you can make a complaint in writing to our Privacy Officer, using the contact details set out in this Policy.

    2. We will respond to you within a reasonable period of time (or where a period is specified by any law, that period) to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint.

    3. In Australia if after getting our response you are still not satisfied that your complaint has been resolved or adequately dealt with, you may direct your complaint to the Australian Information Commissioner (AIC). The contact details of the AIC are listed on their website: www.oaic.gov.au

 

  1. General Data Protection Regulation

    1. Application

      1. This clause applies to residents in the European Economic Area (EEA) only.

    2. Your rights

      1. If you are a European resident, you have the right to access personal information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

      2. Additionally, if you are a European resident we note that we are processing your information in order to fulfil the contract we have with you, by way of the Terms of Service, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.

    3. Data retention

      1. When you create an account with our Service, we will maintain your Personal Information for our records unless and until you ask us to delete this information.

    4. Minors

      1. Our Store is not intended for individuals under the age of 18. 

 

  1. Unsubscribe

    1. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. When it comes to marketing communications, such as emails, text messages, push notifications, alerts and other messages,  you can ask us not to send you these at any time by following the unsubscribe instructions contained in our communication, disable push notifications on your mobile device or make your request from to the Privacy Officer, the details of which are outlined in clause 18 of this Policy.

  2. Contact 

    1. If you have any comments, concerns or questions regarding this Policy or Personal Information that we hold about you, please contact our Privacy Officer by email to : Yourfishapp@gmail.com or by post at:

Privacy Officer
1/2 Honeysuckle Court

Buderim 4556 QLD

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