This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Kirbyzone Pty Ltd (doing business as “Kirbyzone”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services.
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
Automatic collection of anonymous information
When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other anonymous statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is anonymised — eg., IP addresses are stored in a hashed, encrypted format — and not aggregated in such a way that would identify any particular User of the system.
Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific individual If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you create an account, publish content make a purchase, or fill any forms on the Website. When required, this information may include the following:
Account details (such as user name, unique user ID, hashed password, etc.)
Contact information (such as email address, phone number, etc.)
Basic personal information (such as name, country of residence, etc.)
Any other materials you willingly submit to us (such as images, feedback, support requests, etc.)
Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, marketing partners and contracted suppliers — for example, our payment processing gateway (when processing your payments and managing your account), our email marketing provider (when sending you email notifications and updates), or third-party domain registrars and hosting providers (when helping you troubleshoot issues with your server).
You can choose not to provide us with your Personal Information, but then you will not be able to use many of the features on the Website, nor take full advantage of our services. Users who are uncertain about what information is required in order to enjoy specific features of our products and services are welcome to contact us.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
Use and processing of collected information
We may act as a data controller and/or a data processor in terms of the GDPR when handling Personal Information.
We act in the capacity of a data controller when we ask you to submit your own Personal Information, that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with the data controllers’ obligations set forth in the GDPR.
We act in the capacity of a data processor in situations when you submit Personal Information on behalf of third-parties - such as your own clients, suppliers and partners - through our Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, you (the User providing the Personal Information) acts as a data controller in terms of the GDPR.
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Deliver products or services
- Fulfil and manage orders
- Send administrative information
- Respond to inquiries and offer support
- Improve products and services
- Improve user experience
- Send product and service updates
- Send marketing and promotional communications
- Request user feedback
- Post customer testimonials
- Enforce terms and conditions and policies
- Protect from abuse and malicious users
- Respond to legal requests and prevent harm
- Comply with legal and fiscal obligations of operating the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies:
- you have given your consent for one or more specific purposes — this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law;
- provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which you or we are subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
- processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, as defined in the GDPR.
We rely on the following legal bases as defined in the GDPR upon which we collect and process your Personal Information:
- User’s consent
- Performance of a contract
- Compliance with the law and legal obligations
- Our own lawful, legitimate interests
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a contractual prerequisite.
In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use a third-party payment processor, Airwallex, to assist us in processing your payment information securely.
Airwallex adheres to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for Users. We will share payment data with Airwallex only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.
If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account on the Website.
You are also able to edit and delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you edit or delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our legal and fiscal obligations, as well as with the obligations to our affiliates and partners, and for the purposes described below.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorised to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorise them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, as long as your user account remains active, until our and our affiliates and partners obligations are fulfilled, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own, including Australia, Canada, Germany,India, Japan, Singapore, United Kingdom and the USA. The transfer of your Personal Information to countries outside the European Union will be made only if you have explicitly requested or consented to it, or in the cases provided for by the GDPR, and will be processed in your interest.
You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organisation governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
Data protection rights under the GDPR
If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you have any questions about the Personal Information we hold about you, or if you need assistance to removed it from our systems, please contact us. In certain circumstances, you have the following data protection rights:
- You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
- You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.
- You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.
- You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.
- You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defence of legal claims for the protection of the rights of another natural, or legal person or for reasons of important public interest.
- You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defence of legal claims.
- You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.
California privacy rights
Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.
As described in this Policy, we have collected the categories of Personal Information listed below in the past twelve (12) months:
- Personal identifiers (such as email address, phone number, etc.)
- Internet or other electronic network activity
- Purchase history
In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.
Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include: gifting, selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.
How to exercise your rights
Any requests to exercise your rights can be directed to us through the contact details provided in this document. You must include sufficient details to allow us to properly understand the request and respond to it.
Please note that we may ask you to verify your identity before responding to such requests. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorised representative of such person. If we receive your request through an authorised representative, we may request evidence that you have provided such an authorised representative with a valid written authority to submit requests on your behalf.
Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you will not be able to use and experience the features of the Website and Services. You may learn more about our cookies and how they work here.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. We will collect anonymous statistical data on your visit, regardless of your browser's Do Not Track signal — we we will not track you as you move onto other websites or services. As described in more detail throughout this Policy, we limit our use and collection of your Personal Information, and to the best of our knowledge we do not use nor allow any third-party tracking technologies on our Website and Services.
Social media features
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilising a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our updates, newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential administrative, legal and other transactional emails.
Links to other resources
Apart from the Social Media features mentioned in this Policy, the Website and Services also contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
All information you submit or exchange with our Website and Services is transmitted using the industry-standard internet security and encryption protocols. We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorised access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be absolutely guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that:
there are security and privacy limitations of the Internet which are beyond our control;
the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and
any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information — for example, by always using the latest browsers to access the Website and Services, limiting physical access to your computer and internet devices, and changing your account password periodically.
In the event we become aware that the security of the Website and Services has been compromised, or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach, or if notice is otherwise required by law. When we do, we will post a notice on the Website, and also send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the top of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy, unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
By accessing and using the Website you acknowledge that you have read this Policy and agree to all its terms and conditions, and that you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorised to access or use the Website and Services.
If you have any questions, concerns, or complaints regarding this Policy or the information we hold about you, of if you wish to exercise your rights, we encourage you to contact us using the email address below:
We will attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.