Privacy Policy

Elementice Pty Ltd

 

 

Elementice Pty Ltd (Elementice, we, us, our) complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

 

Our privacy policy applies to all your personal information that we obtain.

 

1: Our services and your personal information

1.1 The services we provide

This is what we do and how we do it (services):

  1. You sign up with a Partner;
  2. A Partner takes a photograph of you and you scan the personal ID provided to you for that purpose on one of our readers;
  3. We receive one or more photographs of you taken by a Partner together with the appropriate metadata;
  4. We place the Partner’s watermark on the photograph/s we receive;
  5. We keep electronic copies of the watermarked photographs (including their metadata) on our servers;
  6. We provide an electronic copy of the watermarked photograph/s to the Partner;
  7. We also make the watermarked photograph/s accessible to you through your account which you access through our dashboard.

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:

  • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
  • Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
  • Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs
  • Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts.
  • Data from device settings: information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.
  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
  • Cookie data: data from cookies stored on your device, including cookie IDs and settings.

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:

  • GPS
  • IP address
  • Sensor data from your device
  • Information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices
  • Elementice devices working in combination with the above.

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:

  1. Each time you agree with a Partner to use our services and our Partner provides your personal information to us;
  2. Each time your personal ID is scanned on one of our readers;
  3. Each time one of our cameras takes a photograph of you;
  4. Each time you log in to your account, either through the website or through the smartphone application;
  5. Each time you share a photo or other media using the Elementice dashboard (either through the website or the smartphone application).

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

  • We will store your personal information in accordance with the APPs. 
  • We will only retain personal information for as long as is required for the primary purpose defined above. Information that is no longer required will be destroyed or de-identified.

4: What we do with the information

  • We will only use or disclose personal information for the primary purpose (see clause 2.2).

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:

  1. required or authorised by or under an Australian law or order of an Australian Court or Tribunal;
  2. a use or disclosure of the kind described as a “permitted general situation” in section 16A of the Privacy Act 1988;
  3. a use or disclosure of the kind described as a “permitted health situation” in section 16B of the Privacy Act 1988; or
  4. reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

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:

  1. We reasonably believe that the recipient of the information is subject to a binding scheme, that has the effect of protecting the information in a way that, overall, is substantially similar to the way in which the APPs protect the information, and that there are mechanisms that you can access to take action to enforce the protection of the law under the binding scheme;
  2. Where express consent has been sought and given to a disclosure of personal information in circumstances where the user is aware that the recipient may not adhere to the APPs;
  3. The disclosure of personal information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party.

 

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:

  1. we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
  2. giving access would have an unreasonable impact on the privacy of other individuals; or
  3. the request for access is frivolous or vexatious; or
  4. the information relates to existing or anticipated legal proceedings between Elementice and the individual, and would not be accessible by the process of discovery in those proceedings; or
  5. giving access would reveal the intentions of Elementice in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
  6. giving access would be unlawful; or
  7. denying access is required or authorised by or under an Australian law or a court/tribunal order; or
  8. both of the following apply:
    1. Elementice has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Elementice’s functions or activities has been, is being or may be engaged in; and
    2. giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
  9. giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
  10. giving access would reveal evaluative information generated within Elementice in connection with a commercially sensitive decision‑making process.

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

9.1      Should you wish to obtain further information about our privacy policy or submit a complaint about an alleged breach of it, email us at the following address:

privacy@elementice.com