Mentis Technologies Pty Ltd /TA 'ELEMENTICE' (Elementice, we, us, our) complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
1: Our services and your personal information
1.1 The services we provide
This is what we do and how we do it (services):
Our services may change over time as we find better ways to provide you with our services and/or technology improves.
For the purposes of this policy, Partner means the person who organises the event or activity at which your photograph is taken. To be clear, Elementice may sometimes perform the functions of a Partner for the purposes of this policy.
We provide you with access to your account through a dashboard accessible through our website and smartphone applications, but only you, and others who are in a photo that you have also agreed to be in, initially have access to your personal information. Other than as set out in this clause 1 and clause 2.2, only you, and others who are in a photo that you have also agreed to be in, can share your personal information.
1.1.1 Personal information we may collect
We may collect any or all of the following personal information relating to you: name; address; date of birth; marital status; email address; phone numbers; personal preferences and opinions; other personal information required by us or our Partner or posted by you or a third party.
1.1.2 Information about how you use our services
We collect information about how you use our services, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our services, and what posts, videos and other content you share or view using our services.
1.1.3 Things others do and information that they provide about you
We may also receive and analyse content, communications and information that other people provide when they use our services. This can include information about you, such as when others share or comment on a photo of you, send a message to you or upload, sync or import your contact information.
1.1.4 Device information
We collect information from and about the computers, phones, and other web-connected devices you use that integrate with our services, and may combine this information across different devices that you use.
For example, we may use information collected about your use of our services on your phone to better personalise the content or features that you see when you use our services on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device.
Information that we may obtain from these devices includes:
1.1.5 Your location information
We may collect information about your location when you use our services, which helps us offer and improve our services. Your location can be determined with varying degrees of accuracy by:
1.2 Our use of technology
With the information we gather, we may use various technologies to collect and store that information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.
2: When and why we collect your information
2.1 When personal information is collected from you
We collect personal information from you when you use our services, including:
In addition, we may collect sensitive personal information from you, for example information about your racial or ethnic origin, in so far as such information would be apparent from any photograph.
2.2 Purpose of collection of personal information
Elementice’s purpose in collecting personal information is to provide automated and image manipulation services to customers and third parties including data analytics (primary purpose).
2.3 Collection of unsolicited personal information
It is not our policy to collect unsolicited personal information.
3: Storage of your information
4: What we do with the information
4.2 Provide personalised services
4.2.1 We use the information we collect to customise our services for you, including
providing recommendations and personalised content based on your location and interests.
4.2.2 We may use the information we have about you – including information about your interests, actions and connections – to select and personalise ads, offers and other sponsored content that we show you.
4.2.3 We won’t show you personalized ads based on sensitive categories, such as race, religion, sexual orientation, or health.
4.2.4 If you do not wish us to share information that personally identifies you with advertisers, such as your name or email, you may opt out at any time by amending your user preferences in your account or contacting us at the email address provided at clause 9.1 of this policy.
4.3 Communicate with you
4.3.1 We use information we collect, like your email address, to interact with you directly. Or we may let you know about upcoming changes or improvements to our services. And if you contact us, we’ll keep a record of your communication in order to help solve any issues you might be facing.
4.4 Sharing information
4.4.1 Please see clause 5 below “When Elementice shares your information.”
5: When Elementice shares your information
5.1 Your personal information may be shared with our Partners for the purpose of providing you with our services.
5.2 For marketing purposes
5.2.1 We use your information to help advertisers and our Partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps and services.
5.2.2 When you choose to use third-party apps, websites or other services that use, or are integrated with, our services, we can receive information about what you post or share.
5.2.3 You will be able to view and in certain circumstances amend your preferences in your account with regard to which information is shared and with whom.
5.3 For legal reasons
5.3.1 We will also share personal information outside of Elementice if we have a good-faith belief that access, use, preservation, or disclosure of the information is:
5.4 Prohibited Content
5.4.1 Elementice does not allow content that sexually exploits or endangers children, and where we are alerted to such content we will move expeditiously to remove it and take the appropriate action to alert relevant authorities.
5.4.2 We will also remove images that depict incidents of sexual violence and intimate images shared without permission from the people depicted and take the appropriate action to alert relevant authorities.
5.5 Limitation of responsibility
5.5.1 We will make every effort to ensure that any information we gather and share with our Partners will be used responsibly. That being said, Elementice accepts no responsibility for the actions of its Partners with respect to the information it provides to them.
6: Cross-border disclosure of personal information
6.1.1 Before disclosing personal information to an overseas recipient, we will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs in relation to that personal information.
6.1.2 Nevertheless, we may disclose your personal information to an overseas recipient where one or more of the following applies:
7: Access to your information
7.1 If you send a request to us at the email address in clause 9.1, we will provide you with access to your personal information within 30 days of us receiving that request and in a form determined by us.
7.2 We may refuse to give such access in circumstances where:
7.3 We will take reasonable steps to ensure that your information is up to date and complete.
7.4 You will be able to update your information whenever you log in to your account.
8: Storage and security of personal information
8.1 We will take reasonable steps to protect your information:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
9: Complaints and further information