POWER OF THE PUSHY PTY LTD

PRIVACY POLICY

  1. Power of the Pushy, KashKom and Privacy

    Power of the Pushy Pty Ltd ACN 604 072 004 (“Power of the Pushy”, “us”, “we” or “our”) recognises the importance of protecting the privacy of your personal information.
    This privacy policy outlines how we manage the personal information that we collect, hold, use and disclose through our KashKom competition, our Apps and our websites.
    References to ‘App’ means any mobile device application developed and administered by Power of the Pushy.
    In handling personal information, we will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act (subject to exemptions that may apply under the Privacy Act, such as the related bodies corporate exemption).
    By providing us with personal information, you consent to that information being collected, used, disclosed and stored in accordance with this privacy policy. If you do not give personal information to us, it may affect its ability to provide you with our services and/or products, including entry to the KashKom platform and its competitions.
    We will regularly review our policies and procedures regarding personal information and may therefore update and amend this privacy policy from time to time. Any updated Privacy Policy will be made available on the website http://www.kashkom.com/ , or App or otherwise on request to us.

  2. Who does Power of the Pushy collect personal information about?

    Personal information is information or an opinion about an identified, or reasonably identifiable, individual.
    In order to conduct our business as a provider of cycling tracking and competitions, and similar services, we may collect personal information about:

    • Individuals who acquire services or products from us or otherwise interact with us, particularly users of the KashKom App and participants in the platform’s competitions; and
    • Individuals who participate in the sports or other events in respect of which we provide services.
  3. What kinds of personal information does Power of the Pushy collect?

    1. 3.1General personal information

      The kinds of personal information we collect will vary depending on the types of dealings or interactions we have with you.
      If you acquire services or products from us, or otherwise interact with us regarding our services or products, including through the KashKom platform and its competitions, the kinds of personal information we may collect include your name, residential or business address, telephone number, email address, date of birth, credit card or other payment related information and information regarding the services or products you have previously acquired from us or enquired about.
      We may collect statistical or other information relevant to your participation in the sports in respect of which we provide services or competitions, including the KashKom platform and its competitions.
      To use the KashKom App and enter the competition services provided by us, you will be required to complete the registration process on the App and agree to our Terms and Conditions. During registration you will be required to provide your:

      • Full name;
      • Date of birth;
      • Cycling ability; and
      • Credit card or payment details.

      KashKom does not intentionally collect personal information from children under 13 years of age. If KashKom or a third party service provider requires a date of birth to order a specific product or service, you will not be permitted to enter a birth date that indicates that you are less than 13 years old.
      In some cases we will also collect health information about individuals, including heart rate and cycling activity data, who participate in the KashKom platform’s competitions in order to verify the accuracy of competition results. We will collect, use and disclose any such health information for the purpose of running the KashKom platform’s competitions and as outlined in this policy.

    2. 3.2Aggregate data

      We may collect certain statistical and other data to optimise our services and goods, including our App and websites, from your mobile device or computer (eg, the identity of your web browser, the type of operating system you use, your IP address and the domain name of your internet service provider). We may use such data for internal statistical purposes and to improve our App and websites. We will not use such data to identify you.
      We may use such statistical and other data in aggregate form to improve our services and goods including our App and websites and make them more responsive to your needs. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.

    3. 3.3Cookies

      We may use ‘cookies’ on our App and websites to provide you with a better and more effective App and website experience. A cookie is a small text file placed on your mobile device or computer by an App or website server which may later be retrieved by an App or website server. The cookies assist us to maintain the continuity of your App usage or browsing session and to remember your preferences when you return, and are thus designed to improve your experience on our App and websites. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. Cookies may collect and store personal information about you.
      If you wish, you can generally configure your App or browser so that it does not receive cookies. Each App and browser is different, so check the ‘Help’ or ‘Settings’ menu of your mobile device, App, or browser to learn how to change your cookie preferences.
      If you disable the use of cookies on your App or web browser or remove or reject specific cookies from our websites or linked sites, then you may not be able to gain access to all of the content and facilities on such sites.

  4. How does Power of the Pushy collect personal information?

    We will generally seek to collect personal information directly from you, for example, when you enter the KashKom platform’s competitions, sign up for a KashKom newsletter or similar service, or otherwise interact with us through our App or websites.
    Personal information obtained from you includes cycling, geographical, and health information provided by you through KashKom’s App or websites, or recorded directly by our App.
    In some cases, we may collect your personal information from sources other than you, such as from:

    • An information services provider;
    • A publicly maintained record, or other publicly available sources of information; or
    • Our own information collection resources such as direct recording of information through your use of our App.

    Generally, we will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information directly from you. We may seek external data when verifying results for the KashKom platform’s competitions.

  5. Why does Power of the Pushy collect, hold, use and disclose personal information?

    We primarily collect, hold, use and disclose personal information for the purposes of providing KashKom’s cycling tracking and competition services and other similar services.
    This may include using and disclosing personal information to facilitate or otherwise in connection with us:

    • Providing our cycling tracking and competition services and other similar services;
    • Keeping and maintaining statistics databases of App and website users and competition participants;
    • Verifying your identity, processing payments made by you or otherwise managing your relationship with us;
    • Communicating with you regarding our cycling tracking and competition services and other similar services;
    • Providing you with information about our events, services or products or those of our commercial partners that may be of interest to you;
    • Promoting and marketing the KashKom platform's competitions or the related products, services or events;
    • Accounting, billing and other internal administrative purposes; and
    • Complying with our obligations under any applicable laws.

    We may also use and disclose your personal information for purposes related to the above purposes, and for which you would reasonably expect us to do so in the circumstances, or where you have consented or the use or disclosure is otherwise in accordance with law.
    Where personal information is used or disclosed, we take steps reasonable in the circumstances to ensure the personal information is relevant to the purpose for which it is to be used or disclosed.
    You are under no obligation to provide your personal information to us. However, without certain information from you, we may not be able to provide our services to you, including allowing you entry to the KashKom competition.

  6. Disclosure of personal information by Power of the Pushy

    We disclose personal information for the purposes for which we collect it. As a result, generally, we will only disclose personal information for a purpose set out at paragraph 5 of this privacy policy. This may include disclosing personal information to:

    • Other users and participants of our cycling tracking and competition services and other similar services;
    • Third parties engaged by us to perform administrative or other business management functions for the KashKom platform and its competitions, including (without limitation) web hosting providers, IT systems administrators, mailing houses, payment processors, data entry service providers and electronic network administrators;
    • Our commercial and business partners (including sponsors, shareholders and other parties that we have a commercial relationship with from time to time);
    • Developers to develop our websites and App, enhance our websites and App, and to test that our websites and App are working properly;
    • Government bodies, regulatory authorities and law enforcement bodies as required under applicable laws and regulations; and
    • Our professional advisors, contractors, consultants and related bodies corporate.

    We may also disclose personal information to a third party with the consent of the relevant individual or if the disclosure is required or authorised by law.
    We will not otherwise disclose your personal information without your consent, unless the disclosure is:

    • In accordance with this privacy policy or any agreement you enter into with us; or
    • Required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).

    There will be occasions on the KashKom App and websites that you will be required to share personal information about yourself with us and other users of the App and websites. This includes your identification as a competitor in one of the KashKom platform’s competitions, and your progress in that competition and other associated competitions generally.
    This could include information about:

    • Your cycling equipment and activities;
    • Your cycling routes;
    • Your name, postcode, and e-mail address.
  7. Overseas disclosure

    The service providers or other parties to whom we disclose personal information will be located in Australia. We do not intend to disclose personal information to overseas providers.

  8. Online links to third party and co-branded sites

    The KashKom App and websites have links to other third party internet sites. These links are usually provided for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by Power of the Pushy of the content, policies or practices of those third party sites. Once you leave our App or websites, the guidelines of this privacy policy no longer apply. Please read carefully the relevant privacy policies or terms and conditions governing these linked sites to ensure your privacy is protected.
    Our App and websites may also contain links to the websites of our third party service providers. Some of these sites may be ‘co-branded’ with our logo and other trademarks of Power of the Pushy, however these sites may not be operated or maintained by or on our behalf. These third party websites may collect information about you, to which we may have access. For more details you need to check the relevant privacy policy of the third party service provider.

  9. Public information

    Any information posted on competition leader boards, discussion threads, bulletin boards and/or communicated in chat areas becomes public information. Whilst we strive to protect and respect your privacy, we cannot guarantee the security of any information you disclose in a chat room, discussion thread, or bulletin board.

  10. Direct marketing

    We may use and disclose your personal information in order to inform you of services and products of Power of the Pushy, our related bodies corporate or our commercial or business partners that may be of interest to you.
    This may include disclosing your personal information to our related bodies corporate or other entities with which we have a commercial relationship or arrangement for the purpose of such other entities contacting you regarding offers or information (which may include offers or information about the services or products of such other entity).
    If you do not wish to receive such communications, you can opt-out by contacting us via the contact details set out in this privacy policy or through any opt-out mechanism contained in a marketing communication to you.

  11. Security of personal information

    We take steps reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
    We hold personal information in both hard copy and electronic forms in secure databases on secure premises. We implement data security and physical security practices and procedures including firewalls, data encryption and premises access controls.
    We strive to ensure the security, integrity and privacy of all personal information within our direct control. We use a variety of physical and electronic security measures including restricting physical access to our offices, and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.
    Personal information may also, in certain circumstances, be held on our behalf in hard copy or electronic forms by our service providers (such as offsite document storage providers or electronic data storage providers). We enter into agreements with such service providers which impose confidentiality and privacy obligations on the service provider. Such providers will be located in Australia.
    Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.
    You agree to the disclosure and use of such personal information in accordance with this privacy policy, and consent to its disclosure and its use by third parties, including our service providers, where it may be used solely for the purposes described in this privacy policy, without us being responsible for such use (or for any breach).

  12. Access and correction

    We take steps reasonable in the circumstances to ensure personal information we hold is accurate, up-to-date, complete, relevant and not misleading.
    In order to keep your personal information as current as possible, we ask that you let us know of any changes to your personal details.
    Under the Privacy Act, you have a right to seek access to, and correction of, your personal information that is collected and held by us.
    If at any time you would like to access or correct the personal information that KashKom holds about you, please contact our Privacy Compliance Officer on the details set out in paragraph 13 below.
    We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
    To obtain access to your personal information:

    • You may be required to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
    • We request that you be reasonably specific about the information you require; and
    • We may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.

    In some circumstances, we may not be able to allow you access to your personal information, for example, where:

    • Giving access would have an unreasonable impact on the privacy of other individuals;
    • Giving access would be against the law; or
    • The information would reveal our commercially sensitive decision making process.

    If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of complaint mechanisms available to you.
    If we provide access to your personal information, we will take steps reasonable in the circumstances to provide you with access in a manner that meets your needs and our needs.
    We will respond to your request within a reasonable period after the request is made, by either providing you with access or by notifying you of our refusal to give access.

  13. How to contact us

    For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact our Privacy Compliance Officer, using any of the following contact details:

    Email: info@kashkom.com

  14. Privacy complaints

    Please direct all privacy complaints to our Privacy Compliance Officer (contact details are set out in paragraph 13 above). At all times, privacy complaints:

    • Will be treated seriously;
    • Will be dealt with promptly;
    • Will be dealt with in a confidential manner; and
    • Will not affect your existing obligations or affect the commercial arrangements between you and us.

    Our Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.