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Privacy Policy

Guardbay Privacy Policy

Updated June 2024

A copy of this document can be downloaded as a PDF here.

1. OVERVIEW

  • Guardbay Pty Ltd ACN 676 507 421 and its related entities (“we”, “us” or “our”) are committed to protecting your privacy. This Privacy Policy provides details of how we collect, use, store and protect your Personal Information. This Privacy Policy is available on our website: https://guardbay.app/privacy-policy/ (“website”)
  • We use your data to provide and improve the provision of our Services. By accessing our Services, you accept and agree to our Term and Conditions of Use (“Terms of Use”) and agree to the collection and use of your information in accordance with this Privacy Policy.
  • We comply with the applicable privacy principles and laws of Australia which regulate how we collect, use, and protect your personal information.
  • This Privacy Policy and our Terms of Use form the entire agreement between you and Guardbay. This Privacy Policy may be subject to change and is available on our website and mobile application.

2. CONTACT DETAILS

Name: Guardbay Pty Ltd ACN 676 507 421

Email:

Contact Number:

Postal Address: Level 10, 12 Creek Street, Brisbane City QLD 4000

3. DEFINITIONS

In this Privacy Policy:

Account Credentials means the selected unique User ID and password chosen by a User when setting up Your Account.

Australian Privacy Principles (APP) means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law.

Authorised Representatives has the same meaning as defined in our Terms of Use.

Cookies are small files stored on your device (i.e., computer or mobile device). These small files are pieces of information stored on your computer’s hard drive. It records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.

Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Controller of your Personal Information.

Employer refers to Users, representatives or entities seeking to engage a Guard or otherwise access Security Services.

Guard refers to people or entities providing or seeking or purporting to provide Security Services in the Platform.

Personal Information means data or information about a natural person who can be identified, directly or indirectly, from such information or data in our possession or likely to come into our possession. This includes a name, an identification number, location data, an online identifier or to one or more factors specific to the identity of that natural person, but does not include data that is anonymous or a pseudonym in its source.

Platform means the online marketplace made available by Guardbay, including without limitation all websites and/or subpages, the Guardbay app, and any other affiliated platform that may be introduced from time to time.

Purposes means those purposes for the collection and holding of information in accordance with Clause 5.1.

Relevant Authority means the Office of the Australian Information Commissioner.

Relevant Laws means the provisions contained in the Privacy Act 1988 (Cth) and APPs therein.

Security Services means home security, mobile security, commercial or venue security, crowd control, loss prevention, or similar or other services approved from time to time by Guardbay.

Services means Guardbay’s mobile application, products, software, services and Platform.

User means a person or organisation who establishes an account with Guardbay and includes Employers and Guards.

User Services means the Services only available to Users.

User Account means a User account with Guardbay.

4. APPLICABLE PRIVACY LAWS

  • This Privacy Policy aims to comply with the applicable privacy laws and principles of Australia. This Privacy Policy has been created in accordance with The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) therein.

5. OUR COLLECTION AND DISCLOSURE OF YOUR PERSONAL INFORMATION

  • For the purposes of providing the Services, we may collect, hold, process, verify and disclose your Personal Information for the following purposes:
    1. to enable your access to our Services;
    2. to operate, protect, optimise and improve our Services;
    3. to provide you with information about our Services and/or intended services;
    4. to ensure the safety and security of Users and Guards;
    5. to facilitate contractual obligations between you and/or us and/or a third party;
    6. to monitor and manage hosting and back-end infrastructure;
    7. to allow for User registration and authentication;
    8. to carry out commercial affiliation;
    9. to manage our User database;
    10. to send you service, support, and administrative messages, reminders, technical notices, updates, security alerts and information requested by you;
    11. to comply with our legal obligations;
    12. to establish, pursue or defend legal claims, or resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
    13. to otherwise facilitate your dealings with us and for any other purpose with your consent.
  • We will only collect and hold information for the Purposes or as otherwise reasonably necessary for the provision or expansion of our services, or the conduct of our business and operations.
  • Your Personal Information may be collected and held by our Authorised Representatives. Any enquiries, complaints, comments or the exercise of any rights under the Relevant Laws should be directed to us via the contact methods in clause 2 above.
  • While using our Services, we may ask you to provide us with certain Personal Information that can be used to contact or identify you, including, but not limited to your: first and last name; date of birth; email address; mobile number; location information; IP address; postal address; financial information, including bank details and credit and debit card information; and User ABN, licensing and/or qualification information.
  • We may also obtain your Personal Information through email, text messaging, social media or any other communication that you send to us.
  • You acknowledge that Personal Information you provide us must be accurate, complete and not misleading. You must inform us of any change to your Personal Information during the period in which you are accessing the Services.
  • We may, and by providing us your Personal Information you authorise us to, disclose Personal Information for the purposes, including to: our employees and related bodies corporate; potential Employers; third party suppliers and service providers (including providers for the operation of our websites, mobile applications and/or our business or in connection with providing our products and Services to you); professional advisers, dealers and agents; payment systems operators (e.g. merchants receiving card payments); our existing or potential agents, business partners or partners; our sponsors or promoters of any competition that we conduct via our Services; anyone to whom our assets or business (or any part of them) are transferred; specific third parties authorised by you to receive information held by us; and/or other persons, including government agencies, regulatory bodies and law enforcement agencies authorised or permitted by law.

6. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

  • You have specific data protection rights under the Privacy Act 1988. These rights include the right to:
    1. know why your personal information is being collected, how it will be used and who it will be disclosed to;
    2. have the option to not identifying yourself, or use a pseudonym in certain circumstances;
    3. request access to your personal information on our records;
    4. request correction of your personal information on our records ;
    5. request deletion or removal of your personal information on our records ;
    6. request the transfer of your personal information to you or a third party;
    7. request the restriction of the processing of your personal information;
    8. object to the processing and storing of your personal data; and
    9. lodge a complaint if you think we have mishandled your personal information.

7. MARKETING

  • We may send you direct marketing communications and information about our Services or products. This may take the form of emails, SMS, mail, notifications or other forms of communication. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by following the opt-out links on any marketing messages sent to you or by emailing us with a request to opt-out.
  • If you opt out of receiving marketing communications, this opt-out does not apply to personal information provided as a result of other transactions, including, but not limited to purchases, warranty registrations, returns and replacements.

8. OUR WEBSITE AND COOKIES

  • We may collect Personal Information about you when you use and access our website, including via the use of Cookies or other similar tracking technologies.
  • While we will not ordinarily use browsing information to identify you personally, we may record certain information about your use of our website, such as the which pages you visit, the time and date of your visit and internet protocol address assigned to your computer.
  • We may use Cookies to enable us to collect data that specifically includes Personal Information when you create a User Account. Where a Cookie is linked to your account, it will be considered Personal Information under the Relevant Laws. We will handle any Personal Information collected by Cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.
  • We will ask you what Cookies you wish to accept when you first visit our website. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. By not blocking Cookies and continuing to browse, you are authorising the use of Cookies. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website or may encounter reduced website functionality.

9. SECURITY

  • We may hold your Personal Information in either electronic or hard copy form.
  • We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and have procedure in place to protect your Personal Information and deal with any suspected data breach. For example, we:
    1. store Personal Information in an encrypted format; and
    2. delete Personal Information when no longer required for the Purposes or required to be held by law;
  • While we take reasonable, technical and organisational precautions to prevent the loss, misuse, disclosure or alteration of your Personal Information, you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of personal data sent over the internet.
  • Should there be a breach of security which results in the disclosure of your Personal information, we will either:
    1. notify you personally; or
    2. if not reasonably practicable to notify you personally, issue a public notice regarding the nature and extent of the data breach.
  • Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for, nor provide any warranty as to the security, privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, and we encourage individuals to read them before using those websites.

10. COMPLAINTS

  • If you think we or our Authorised Representatives have breached the Privacy Act, or you wish to make a complaint about the way your personal information has been handled, please contact us via the methods in clause 2 above.
  • We will aim to acknowledge your complaint and endeavour to respond within a reasonable period of time. If you are unsatisfied with the resolution of your complaint, we will provide you with information about further steps that may be taken.