Privacy Policy

KAYA VENTURES AUSTRALIA PTY LTD (Kaya) (ABN 23 662 706 256) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

·       Identity Data including your name, age, job title and gender.

·       Contact Data including your telephone number, address and email.

·       Financial Data including bank account and payment card details (through our third party payment processor, including Stripe, who stores such information and we do not have access to that information).

·       Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.

·       Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.

·       Profile Data including your username and password for our platform, profile picture, purchases or orders you have made with us, content you post, send receive and share through our platform, and support requests you have made. 

·       Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events. 

·       Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

·       Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.

·       Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of doing business with you, we may collect, or come across such sensitive information in different situations, including during the course of collecting employee information to provide consultation services, and when reviewing your CV.

How we collect personal information

We collect personal information in a variety of ways, including:

·       when you interact directly with us, including face-to-face, over the phone, over email, or online;

·       when you complete a form, such as registering for any events or newsletters, or responding to surveys;

·       when you apply for a job with us;

·       from third parties, such as details of your use of any website we operate (from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies); or

·       from publicly available sources, such as social media or the Australian Securities and Investment Commission (ASIC).

Why we collect, hold, use and disclose personal information

Personal information: We collect, hold, use and disclose your personal information for the following purposes:

·       to enable you to access and use our software, including to provide you with a login;

·       to do business with you, including to provide our consultation services to you, and manage your appointments;

·       to contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us;

·       to contact and communicate with you about any enquiries you make with us via any website we operate;

·       for internal record keeping, administrative, invoicing and billing purposes;

·       for analytics (including profiling on our website), market research and business development, including to operate and improve our business, associated applications and associated social media platforms;

·       for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;

·       to run promotions, competitions and/or offer additional benefits to you;

·       if you have applied for employment with us, to consider your employment application; and

·       to comply with our legal obligations or if otherwise required or authorised by law.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

·       any purposes you consent to;

·       the primary purpose for which it is collected, to provide you with our consultation services;

·       secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you; and

·       if otherwise required or authorised by law.

Our disclosures of personal information to third parties

Personal information: We may disclose personal information (excluding sensitive information) to:

·       our employees, contractors and/or related entities;

·       IT service providers, data storage, web-hosting and server providers;

·       marketing or advertising providers;

·       professional advisors, bankers, auditors, our insurers and insurance brokers;

·       payment systems operators or processors, including Stripe;

·       our existing or potential agents or business partners;

·       sponsors or promoters of any promotions or competition we run;

·       anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

·       courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

·       courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

·       third parties to collect and process data, such as analytics providers and cookies; and

·       any other third parties as required or permitted by law, such as where we receive a subpoena.

Sensitive information: We may disclose sensitive information to:

·       our employees, contractors and/or related entities;

·       IT service providers, data storage, web-hosting and server providers;

·       professional advisors;

·       anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

·       courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

·       third parties to collect and process data, such as analytics providers and cookies; and

·       any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We have enabled Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here.  To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

To find out how Google uses data when you use third party websites or applications, please see here.

Overseas disclosure

We may store personal information overseas, including but not limited to in the US, Europe, and Singapore. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information outside of Australia, including but not limited to in the US, Europe, and Singapore. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, 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.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

SMEV SPV 4 PTY LTD (Kaya) (ABN 23 662 706 256)

Email: legal@teamkaya.co

© LegalVision ILP Pty Ltd

Website Terms of Use

This website (Site) is operated by KAYA VENTURES AUSTRALIA PTY LTD (Kaya) (ACN: 662 706 256) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.

Information and availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

(a)         copy or use, in whole or in part, any of Our Intellectual Property;

(b)         reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or

(c)         breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

(d)         you do not assert that you are the owner of the Content or Our Intellectual Property;

(e)         unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(f)          you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(g)         you comply with all other terms of these Terms.

Conduct we don’t accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

(a)         anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)         using the Site to defame, harass, threaten, menace or offend any person;

(c)         using the Site for unlawful purposes;

(d)         interfering with any user of the Site;

(e)         tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

(f)          using the Site to send unsolicited electronic messages;

(g)         using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(h)         facilitating or assisting a third party to do any of the above acts.

Content you upload

We encourage you to interact with the Site. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.

If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.

You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:

(a)         you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)         neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms

These Terms are governed by the laws of New South Wales.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions and notices, please contact us at:

SMEV SPV 4 PTY LTD (Kaya) ABN 23 662 706 256

Email: legal@teamkaya.com  

© LegalVision ILP Pty Ltd