Privacy - All Tribal Habits Users

This is Tribal Habits Pty Ltd’s privacy policy dated 18 February 2019 which applies to all Users of the Tribal Habits Website (“Privacy Policy”).

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information, including any Personal Information. It applies to use of the Tribal Habits Website, your User Account, if any, and all related sites, applications, services and tools regardless of how you access them.

This Privacy Policy is available at https://tribalhabits.com/privacy.

Definitions and Interpretation

4. In this Privacy Policy, each of the following terms has the corresponding meaning:

(a)     “Associated User” means either an Associated Individual, or an Associated Organisation as the case requires.

(b)     “Associated Individual” means an individual User that has been granted access to our Services by an Associated Organisation.

(c)     “Associated Organisation” means an organisation User that contracts with us, and grants access to our Services to one or more Associated Individuals.

(d)     “Delegate Account” means a User Account issued to a Subscribing Organisation’s delegate to perform a particular function for or on behalf of that organisation, such as administration of other User Accounts associated with that organisation. Any reference to a Subscribing Organisation, whether express or implied, includes an additional reference to each of its Delegate Accounts as the case requires.

(e)     “Subscribing Organisation ” means customers that subscribe to our Tribal Habits software as a subscription service, as governed by the terms and conditions located at: https://tribalhabits.com/terms. Any reference to a Subscribing Organisation, whether express or implied, includes an additional reference to each of its Delegate Accounts as the case requires.

(f)      “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(i)      whether the information or opinion is true or not; and

(ii)     whether the information or opinion is recorded in a material form or not.

(g)     “Previous Privacy Policy” means our privacy policy previously located at: https://tribalhabits.com/privacy, which is dated prior to this Privacy Policy.

(h)     “Services” means any services provided by Tribal Habits Pty Ltd accessible through the Tribal Habits Website, as the case requires.

(i)      “Security Practices Page” means the page located at https://tribalhabits.com/security/.

(j)      “Tribal Habits Website” means the software platform offered by Tribal Habits Pty Ltd through https://tribalhabits.com, or any other domain through which you request or receive services from us.

(k)     “Terms and Conditions” means the terms and conditions, or any of them, which apply to our provision of Services, or any of them, to you.

(l)      “Us”, “our” means Tribal Habits Pty Ltd.

(m)    “User” or “you” means a user of the Tribal Habits Website  including without limitation any person or entity that:

(i)      views the Tribal Habits Website in a browser;

(ii)     submits any information to an User Account;

(iii)     submits any information to the Tribal Habits Website, through use of an enquiry form, or otherwise;

(iv)    signs up for an account with the Tribal Habits Website;

(v)     contracts for payment for Services using the Tribal Habits Website;

(vi)    conducts any other type of transaction on the Tribal Habits Website; or

(vii)   accept any Services from us..

(n)     “User Account” means a User account on the Tribal Habits Website that has user credentials such as a login and password, and includes any Delegate Accounts.

Parties bound

5. You accept this Privacy Policy when you sign up for a User Account, access the Tribal Habits Website, or otherwise accept our Services.
6. We may amend this Privacy Policy at any time by posting a revised version on the Tribal Habits Website. The revised version will be effective as follows:

(a)     for any User registering for the first time, the revised version will apply immediately; and

(b)     for any existing User the revised version will apply 7 days after it being posted on the Tribal Habits Website.  

As an existing User, if you continue to use the Tribal Habits Website after those changes are in effect, you agree to the revised policy.  For the avoidance of doubt, the current version of the Privacy Policy will remain in effect until the revised version takes effect.  You are responsible for determining the suitability of the Privacy Policy in force from time to time for your particular purposes.  After the revised version has been posted, you may obtain a copy of the previous version by contacting us at the details provided at the end of this Privacy Policy.

7. Tribal Habits Pty Ltd is not currently bound to comply with the Australian Privacy Principles, and nothing in this policy shall be read to impose any obligation beyond that set out in this Privacy Policy.

How we collect information

8. We collect information sent to us by your computer, mobile phone, or other access device when you:

(a)     navigate to the Domain, or any related pages with web browser;

(b)     submit any information using an enquiry form or by any other method provided on the Tribal Habits Website;

(c)     access a User Account; or

(d)     otherwise use the Tribal Habits Website to obtain Services from us. 

Information that we collect

9. The information sent to us may include data on the pages you access, device identifiers, your location, standard web log data, transaction data, and other information as described in paragraphs 10 through 15.
10. Web log data incudes without limitation the user agent (such as the browser type you’re using), traffic to and from any User Account, your IP address, pages requested, HTTP code, bytes served, and any referrer.
11. Transaction data includes:

(a)     data relating to the activities relating to your User Account, or

(b)     details relating to any communication otherwise completed by, or in relation to, you through the Tribal Habits Website.

12. If you create a User Account on the Tribal Habits Website, we may collect the following types of information:

(a)     contact information, such as your name, address, phone, email and other similar information;

(b)     detailed Personal Information, such as your date of birth or other personal identifiers;

(c)     if you are an Associated User, then anything relating to the provision of our Services regarding any related Associated User, and we may:

(i)      hold additional records about the other Associated User and associated it with you; or

(ii)     hold additional records of such information about you, and associate that information with the other Associated User.

13. We may also obtain any information about you from third parties such as credit bureaus, payment processors, and identity verification services.
14. In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with any User Account on the Tribal Habits Website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
15. We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the Tribal Habits Website or a User Account.

How we use Cookies

16. When you access your User Account or use the Tribal Habits Website, we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively “Cookies”).  We use Cookies to:

(a)     identify and authenticate you as a User;

(b)     enable functionality on and to customise the Tribal Habits Website and related content;

(c)     measure promotional effectiveness;

(d)     mitigate risk and prevent fraud; and

(e)     to promote trust and safety with our Users’ and the Tribal Habits Website.

17. We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your User Account or close your browser.  Persistent Cookies remain on your browser until you erase them or they expire.
18. We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so will interfere with, and may prevent you from using your User Account or the Tribal Habits Website. 
19. You may encounter Cookies on websites that we do not control. For example, if you access a third party website through your User Account, there may be a Cookie placed by the web page or an application within it.
20. We use third parties like Google Analytics for website analytics. You may opt-out of cookies from Google Analytics on their respective websites.  We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance.

How we protect and store Personal Information

21. Throughout this Privacy Policy, we use the term “Personal Information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific individual User. Please note that organisations do not have “Personal Information”, and any reference to “Personal Information” relates solely to information about and belonging to individuals.
22. Nothing in this Privacy Policy is to be read as limiting how we may use de-identified or anonymous data.
23. We store and process your Personal Information on our computers in Australia and other locations around the world including the United States of America. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse and unauthorised access, disclosure and alteration.

Security

24. We use reasonable steps to protect information you provide to us from loss, misuse, and unauthorised access or disclosure while in transit, during processing, and while at rest (being stored).
25. We encrypt the transmission of data through public networks using secure socket layer technology (SSL).
26. Nothing in this Privacy Policy or the Security Practices Page is to be interpreted as a warranty or guarantee about the security of your information, it is merely a description of the measures that we take to secure data from time to time. And, by submitting any information to us you acknowledge that no electronic or email transmission or digital storage mechanism is ever fully secure or error free.
27. To learn more about current practices and policies regarding security and confidentiality, please see our Security Practices Page; we keep that document updated as these practices evolve over time.

How we use the Personal Information we collect

28. Our primary purpose in collecting Personal Information is to provide you and each other User with a secure, smooth, efficient, and customised experience. We may use your Personal Information to:

(a)     provide the Tribal Habits Website, our Services, and customer support;

(b)     resolve disputes, collect fees, and troubleshoot problems;

(c)     prevent potentially prohibited or illegal activities including without limitation abuse (of persons or systems) or fraud, and to enforce our Terms and Conditions, which can be viewed at https://tribalhabits.com/terms;

(d)     customise, measure, and improve the Tribal Habits Website and the content, layout, and operation of User Accounts, including without limitation verifying your identity or authenticating access to the Services;

(e)     communicate with you using any contact details that you enter into the Tribal Habits Website or otherwise provide to us, including without limitation by contacting you using any telephone number, by placing a voice call or through text (SMS), or email messaging, unless we agree otherwise in our Terms and Conditions; or

(f)      compare information for accuracy, and verify it with third parties.

29. In relation to Associated Users, in addition to anything else described in this Privacy Policy:

(a)     A User who enters an email address which has been issued by, or is associated with a domain controlled by, any one of our Subscribing Organisations irrevocably consents to being deemed an Associated Individual for the purposes of this Privacy Policy. IF YOU DO NOT WANT YOUR INFORMATION SHARED with a Subscribing Organisation, DO NOT USE YOUR WORK EMAIL when registering on the Tribal Habits Website.

(b)     As an Associated Individual:

(i)      you authorise us to share your name, email address, User Account identifiers and usage data with the relevant Associated Organisation;

(ii)     if you communicate with us to resolve a technical or account problem, if we deem necessary you authorised us to discuss the issue with the relevant Associated Organisation;

(iii)     if you upload information to the Tribal Habits Website, you authorise us to disclose some or all of that information to the relevant Associated Organisation, and you acknowledge that the Associated Organisation may have the right to take ownership of that information (subject to any agreement to the contrary that you have with that Associated Organisation), and that we may deal with the Associated Organisation accordingly; and

(iv)    you acknowledge that this Privacy Policy does not govern the collection, use, storage, or retention of your information by the relevant Associated Organisation, which may be subject to other agreements, policies and arrangements with that organisation – please contact the relevant Associated Organisation directly in relation to this issue.

(c)     as an Associated Organisation you authorise us:

(i)      to associated any information we collect under clause (b) with your User Account; and

(ii)     disclose any such information to each of your Delegate Account holders as the case requires.

Marketing

30. We do not sell or rent your Personal Information to third parties for their marketing purposes. This clause 30 is subject to clause 33.
31. We may combine your information with information we collect from other companies and use it to improve and personalise the Tribal Habits Website, content, and advertising.
32. If you do not wish to receive marketing communication from us, outside of the Tribal Habits Website then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you.
33. To the extent that we offer third party services on the Tribal Habits Website, and you subscribe for, purchase, or request such third party services, you authorise us to share your information, including Personal Information, with that third party, and acknowledge that we do not limit such third parties’ use of your information, including its marketing purposes. You further acknowledge that we have no control over that third party’s information practices, or the manner in which that third party uses your information.

System related communication

34. You cannot opt-out of system messages that relate to your User Account and use of the Tribal Habits Website.

No limit on use of your data for analysis and development of our systems and Services

35. Information generated by the Tribal Habits Website, which includes data relating to your use of the Tribal Habits Website, is used by us for our internal development purposes, and nothing in this Privacy Policy is to be read as limiting our right to use that information to analyse usage, and develop our systems and Services.

How we share Personal Information with other parties

36. We may share your Personal Information with the following persons, or classes of persons.

(a)     Associated Users.

(b)     Our Users,  from whom you have requested, purchased, or otherwise contracted services to be delivered by them through or relating to the Tribal Habits Website, including where that User has the right to manage or administer your User Account, or the services (including any Services) you receive.

(c)     Service providers under contract who help with our business operations and administration such as security, fraud prevention, bill collection, marketing, shipping and transport, technology services (including without limitation hosting providers, analytical services providers, payment processors, developers, backup service providers), and other contractors and agents working on our behalf.

(d)     Companies that we plan to merge with or be acquired by.  Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.

(e)     Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Tribal Habits Pty Ltd or one of its affiliates.

(f)      To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms and Conditions.

(g)     Other third parties with your consent or direction to do so.

37. Please note that these third parties may be in other countries where the laws on processing Personal Information may be less stringent than in your country. However, we will take reasonable steps to ensure the third parties do not breach the Australian Privacy Principles in relation to the Personal Information.
38. Unless specifically described otherwise in this Privacy Policy or disclosed to you prior to purchasing any particular Services, Tribal Habits Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission, and will only share your Personal Information with third parties as described in this Privacy Policy.
39. If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information.  Tribal Habits Pty Ltd is not responsible for the content or information practices of third parties.

How you can access or change your Personal Information

40. You can review and edit your Personal Information by logging into the Tribal Habits Website profile settings page; or otherwise by contacting our Privacy Officer at [email protected].

How you can contact us about privacy questions

41. If you have questions or concerns regarding this Privacy Policy, you should contact us by email at [email protected]. If you have a privacy complaint, you should report it by either:

(a)     emailing us at [email protected]; or

(b)     post at Tribal Habits Pty Ltd, PO Box 1299, Kenmore Qld 4069 Australia.

Handling your complaints

42. We aim to:

(a)     Acknowledge receipt of all complaints within 5 business days; and

(b)     Resolve all complaints within 60 days, however, this may not be possible in all circumstances.

43. Where we cannot resolve a complaint within 60 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.