This policy forms part of our Terms & Conditions

  1. Application of this Privacy Policy

    The website https://www.peakhour.io (Site) and certain (Services) regarding the optimisation of third party websites (Third Party Website) are provided on behalf of Peakhour Technologies Pty ltd (“us”, “we” or “our” (as context requires)).

    The purpose of this Privacy Policy is to inform you of how we collect, use, disclose, manage and store the personal information that you may provide to us, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of the Privacy Act 1988 (Cth). To the extent that you are one of our clients, this Privacy Policy should be read in conjunction with our Terms and Conditions, a copy of which can be found here [insert link].

    Please take some time to read through this Privacy Policy before you provide us with any personal information. We also encourage you to check this Privacy Policy regularly as it may change from time to time. If you have any suggestions or concerns that are not addressed in this Privacy Policy, please contact us.

  2. Personal Information

    In this Privacy Policy, Personal Information means any information about an individual that may be used alone or in conjunction with other information to identify an individual, including an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. If you do not agree with this Privacy Policy, please do not provide us with Personal Information or otherwise use the Software.

    You acknowledge and agree that photographs and videos of individuals are likely to constitute 'Personal Information' for the purposes of this Privacy Policy.

  3. What kind of personal information do we collect?

    We will only collect Personal Information about you if it is reasonably necessary for our functions and activities. The Personal Information we may collect when you deal with us includes your name, postal address, email address, telephone number and date of birth; and your account name and any authorisation token generated when you sign into your account.

    1. Pseudonyms

      You may have the option of using a pseudonym when dealing with us. However, you will appreciate that, in some circumstances, if you do not correctly identify yourself, it may not be possible for us to deal with you or you may not be able to fully access the Site.

    2. Sensitive information

      We generally will not collect sensitive information about you (such as racial or ethnic origin, political opinions, religious or philosophical beliefs or details of health or disabilities). However if we do collect sensitive information we will do so in compliance with the APPs

    3. Non-Personal Information

      Through the operation of the Software on Third Party Websites, we will have access to all information that you submit or that is delivered to you via that website. The only information that we collect, store, use and disclose as a result of the operation of the Software, however, is limited to information other than Personal Information, including your IP address, browser, request path, query string and headers for each access request.

      We may also collect non-Personal Information through third party service providers, including through cookies, which are small text files used to help the Site and the Software work and make your experience better.

      If our collection of non-Personal Information (together with other information) enables you to be identified, then that information will be considered to be Personal Information for the purposes of this Privacy Policy.

  4. Collection of Personal Information

    You consent to us collecting your Personal Information in accordance with this Privacy Policy.

    1. Collection from you

      We may collect Personal Information from you when you:

      1. purchase Software or services from us;
      2. create or log into an account with us;
      3. communicate with us, including by email; and
      4. use the Software.
  5. Use of Personal Information

    You consent to us using your Personal Information in accordance with this Privacy Policy to:

    1. Provide the Software: We will use and store your Personal Information for the purposes of providing the Software to you (and the services that are provided in association with the Software).
    2. Internal purposes: We may use your Personal Information and other information for internal operational and administrative purposes including storing your user preferences and customising and improving the Software and our service offerings.
    3. Anonymised information: We may use aggregate and anonymised data about you for analytical purposes including determining traffic patterns and related Software information. We may disclose this data to our clients, our service providers and our third party vendors for their internal, marketing and business development purposes. In respect of our clients, we may also provide aggregated and anonymised data for the development and improvement of their websites.
    4. Communication with you: By contacting us, you agree we may use your Personal Information to respond to you. If you create an account with us, or register for any mailing service, you agree to receive administrative and direct marketing communications that we believe may be of interest to you. You can opt out of receiving direct marketing communication at any time by clicking the relevant link in any such message you receive from us or following the unsubscribe link on each email. You agree that whilst you have an active account with us, you cannot opt out of receiving administrative communications from us.
    5. Legal exception: We may also use Personal Information to the extent required or permitted by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and our Terms and Conditions that you agree to before using the Software) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.
  6. Disclosure of Personal Information

    You consent to us disclosing your Personal Information in accordance with this Privacy Policy. We take reasonable steps to ensure that third parties that we disclose your Personal Information to protect your Personal Information to the same standard expected of us.

    1. Partners: In some cases, we may engage third party partners (Partners) as resellers of our Software and services parts of the Software (Partner Services). To the extent you are interested in acquiring our Software or services, we and our Partners may share your Personal Information for that purpose.
    2. Service Providers: You agree we may disclose your Personal Information to our third party service providers that provide services on our behalf, including marketing services, analytical services, data storage, and support and maintenance services solely to provide those services on our behalf.
    3. Successors: You agree we may disclose and transfer your Personal Information to a third party in the event of a sale, merger, acquisition or other restructuring transaction of our business.
    4. To protect certain rights: You agree we may disclose your Personal Information to parties that we deem necessary to protect our Software, or other users of the Software, or to enforce compliance with our terms.
    5. As permitted or required: You agree we may disclose your Personal Information to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.
  7. Security of Personal Information

    We understand the need to prevent online fraud. To do so, we take reasonable steps to protect your Personal Information from theft, alteration and unauthorised inspection. Please remember that no data transmission over the Internet (or otherwise) is guaranteed to be 100% secure. Thus, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us or through the Software. Therefore, you understand, acknowledge and agree that you transmit Personal Information at your own risk.

  8. Minors

    We do not intend to collect Personal Information of individuals under the age of 18 years. To the extent that we do, we will comply with this Privacy Policy. For tips on your privacy (including minor’s privacy online), please see the website for the Office of the Australian Information Commissioner

  9. Access to Personal Information

    We take reasonable steps to keep your Personal Information complete, accurate and up-to-date. You may contact us to find out if we hold any Personal Information about you in which case we will provide you with a complete list of your Personal Information. We may charge you a reasonable fee to provide you with this list.

    You may also contact us to correct any of your Personal Information that is inaccurate or to request that your Personal Information be deleted in which case we will amend or delete your records in accordance with your request if it is reasonable to do so. If we do not make such amendment or deletion, you may ask us to include a statement that your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading.

    If applicable, any legal requirement on us to maintain certain records of your Personal Information shall prevail over your requests.

  10. Updates

    We may revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective immediately upon posting. Therefore, we encourage you to frequently visit our website to review this Privacy Policy.

    Your continued access to our website, and to your use of the Software, indicates your acceptance of this Privacy Policy.

  11. General

    If any provision of this Privacy Policy shall be adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

    Your use of the Software and/or providing us with your Personal Information is subject to the law of Australia including the Privacy Act 1988 (Cth) and the APPs. You agree to submit to the exclusive jurisdiction of the courts of Australia

  12. Inquiries and complaints

    If you have any inquiries or complaints about our compliance with the APPs, you may contact us at:

    Contact: Privacy Officer, Peakhour Technologies
    Email:
    Postal

    We will respond to any inquiry or complaint within a reasonable time.

    Alternatively, the Office of the Australian Information Commissioner can be contacted at:

    Telephone: 1300 363 992
    Email: enquiries@oaic.gov.au
    Postal: GPO Box 5218, Sydney NSW 2001

LAST UPDATED: February 2019