Last Updated: May 2023
This Privacy Policy applies to all personal information collected by POD-E PTY LTD (ACN 667 062 437) (Pod[e]/We/Us/Our) via the website located at www.pod-e.co (Website).
Pod[e] respects Your right to privacy and is committed to safeguarding the privacy of Our customers. Pod[e] provides this Privacy Policy to help You (You/Your) make an informed decision about whether to use or continue using the Website. If You do not agree with Our practices, please do not use the Website.
This Privacy Policy is subject to the Terms and Conditions located at [insert Terms and Conditions link]. Your use of the Website and the products or services available through the Website (collectively Services) and any personal information You provide through the Service remains subject to the terms of this Agreement.
This Privacy Policy outlines the specific legal obligations Pod[e] has when collecting and handling Your personal information. Those obligations are outlined in the Privacy Act 1988 (Cth) (Privacy Act) and, in particular, the Australian Privacy Principles found in that Act.
1. What is “Personal Information”?
(a) The Privacy Act currently defines “Personal Information” as meaning 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.
(b) If the information does not disclose Your identity or enable Your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this Privacy Policy.
2. What information do We collect?
The kind of personal information that We collect from You will depend on how You use the Website. The personal information which We collect and hold about You may include:
(a) Personal information You voluntarily provide to us:
This includes personal information provided by the user directly (whether face-to-face, by telephone, email, online forms, post, through social media or by communicating with us in any way), when You make an enquiry through Our Website or over the phone or when You enter into a transaction with us by purchasing the Services You are voluntarily giving us the personal information that We collect.
Categories of personal information:
The personal information We may collect includes Your full name, date and place of birth, medical information, physical address, email address, password, phone and mobile number, billing information (e.g., credit card details), passport, drivers licence, ID card, details of products and services We have provided to You and/or that You have enquired about, additional personal information that You provide to us, directly or indirectly, through Your use of Our Website, and/or accounts from which You permit us to collect information; and any other personal information requested by us and/or provided by You or a third party, and Our response to You and feedback on the Services.
(b) Our email marketing list:
If You elect to sign up for Our email marketing list, We may collect Your name, email address, and email marketing preferences.
(c) Personal information We collect automatically:
When You use Our Services or browse Our Website, We may collect information about Your usage and web browsing. We may collect the personal information as log files or through cookies or other tracking technologies (see the “Cookies and tracking” below for more information), store it, and link it to the other personal information We hold about You.
Categories of personal information:
The personal information We may collect includes Your IP address, Your operating system, Your browser ID, time, date, Your browsing activity, and Your interaction with the Services.
(d) Statistical information:
We may collect statistical (non-personal) information about Your use of the Website and the Services to improve the features and overall user experience. This may include statistical information such as pages accessed on the Website and the Services, search terms, links that are clicked on, Website and Service visit times, browsers and operating systems, IP address, and cookies.
(e) Cookies and tracking:
We may use various technologies to collect and store information when You use Our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. You may control the use of cookies at the individual browser level, however, Your use of the Website and Service may be affected.
The Website does not currently recognize Do Not Track (DNT) signals sent by Our users’ web browsers.
If We are not able to collect information about You, We may not be able to provide
you with products, services and assistance to the extent that they require us to
collect, and use disclosed personal information.
3. How We collect Your personal information
(a) We may collect personal information from You whenever You input such information into the Website or via a third-party agent on Our behalf, eg: a booking engine or payment facility.
(b) We also collect cookies from Your computer, which enables us to tell when You use the Website and to help customise Your Website experience. As a general rule, however, it is not possible to identify You personally from Our use of cookies.
4. Purpose of collection
We collect Your personal information for the primary purpose of;
(a) Providing a personalised experience in providing Our services to You through the Website.
(b) To respond to enquiries, feedback and complaints.
(c) To perform authorised financial transactions in the provision of the Services.
(d) Advertising and marketing, including sending You promotional information about Our products and services and information about third parties that we consider may be of interest to You.
(e) To comply with Our legal obligations and resolve any disputes that we may have.
(f) We may also use Your personal information for secondary purposes, such as Our service providers who assist us in operating the Website or analytics, market research and business development, including to improve Our Website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
5. Sensitive Information
(a) Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's sexual orientation or practices, racial4or ethnic origin, political opinions, membership in a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information, genetic information, biometric information.
(b) Sensitive information will be used by us only:
(i) For the primary purpose for which it was obtained;
(ii) With Your consent, or where required or authorised by law.
6. Disclosure of Personal information
Your personal information shall not be used or disclosed except:
(a) where Your consent is obtained expressly or impliedly;
(b) where required in the delivery of personalized services, which may include to:
(i) disclose personal information to third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
(ii) Our employees, contractors and/or related entities;
(iii) Our existing or potential agents or business partners;
(iv) anyone to whom Our business or assets (or any part of them) are, or may (in good faith) be, transferred;
(v) credit reporting agencies, courts, tribunals and regulatory authorities, in the event You fail to pay for goods or services We have provided to You;
(vi) third parties, including agents or sub-contractors, who assist us in providing; information, products, services or direct marketing to You. This may include parties located, or that store data, outside of Australia;
(vii) third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.(c) as authorized by the law to courts, tribunals, regulatory authorities and law enforcement officers in connection with any actual or prospective legal proceedings or in order to establish, exercise or defend Our legal rights.
7. Security of Personal Information
The transmission and exchange of information are carried out at Your own risk. We take reasonable steps to protect Your personal information from misuse, loss, unauthorized access and use and unauthorized disclosure to third parties. Nevertheless, We cannot assure You that the personal information We collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Except to the extent, liability cannot be excluded due to the operation of the statute, Pod[e] excludes all liability (including negligence) for the consequences of any unauthorised access to
Your personal information. Please notify us immediately if You become aware of any breach of security.
Your personal information will be deidentified once it is no longer needed for the purpose for which it was collected.
8. Access and correction
You may access Your personal information to correct and/or update in certain circumstances as required by the Australian Privacy Principles. If You would like to obtain such access, please contact us via email at admin@pod-e.co.
You may direct us by writing concerning what and how We should use Your personal
information. You acknowledge and agree that Your personal information is subject to
the third party’s privacy policy while collected by each such third party.
To ensure confidentiality, details of Your personal information will be passed on to
You only if We are satisfied that the information relates to You. A fee will not be
charged for an access request, but You may be charged the reasonable expense
We incur (such as search and copying costs). If We refuse to provide You with
access or correct the personal information held about You by Us (in accordance with
the Privacy Act), then We will provide reasons for such refusal.
9. Overseas transfer
Your personal information will not be disclosed to recipients outside Australia unless
You expressly request us to do so except for circumstances referred to in clause
6(b) of this Website Privacy Policy. If You request us to transfer Your personal
information to an overseas recipient, the overseas recipient will not be required to
comply with the Australian Privacy Principles, and We will not be liable for any
mishandling of Your information in such circumstances.
10. GDPR
(a) In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. Pod[e] complies with Your rights under the GDPR as to how Your personal information is used and controlled if You are an individual residing in the Europe. Except as otherwise provided in the GDPR, You have the following rights:
(i) to be informed how Your personal information is being used;
(ii) access Your personal information (We will provide You with a free copy of it);
(iii) to correct Your personal information if it is inaccurate or incomplete;
(iv) to delete Your personal information (also known as the right to be forgotten);
(v) to restrict processing of Your personal information;
(vi) to retain and reuse Your personal information for Your own purposes;6(vii) to object to Your personal information being used; and
(viii) to object against automated decision making and profiling.
(b) The fact that You may be located in Europe does not, however, on its own entitle You to protection under the GDPR. Our Website do not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union.
(c) Please contact us at any time to exercise Your rights under the GDPR at the contact details in this Privacy Policy. We may ask You to verify Your identity before acting on any of Your requests.
(d) We are based in Australia, so some information about users is transferred and /or stored there. In respect of Our responsibilities under the GDPR, the appropriate safeguard in place for such a transfer is the existence of an adequacy decision under Article 45 of the GDPR.
11. Updates to Privacy Policy
(a) You acknowledge that the Services are subject to technical progress and development and that We may update or modify this Privacy Policy from time to time, and You agree to the latest version of this Privacy Policy from time to time available on Our Website.
(b) All modifications will be effective immediately upon Our posting of the modifications on Our Website or notice board. Please check back from time to time to review Our Privacy Policy.
(c) From time to time, We will review Our Privacy Policy to keep pace with changes in Our Service and any data protection and privacy laws applicable to the processing of Personal Data that We are committed to complying with, including:
(i) the Privacy Act 1988 (Cth, Australia);
(ii) the Privacy Act 2020 (New Zealand);
(iii) the Personal Data Protection and Electronic Documents Act, SC 2000, c5 (federal, Canada);
(iv) the Personal Data Protection Act (Alberta, Canada);
(v) the Personal Data Protection Act (British Columbia, Canada);
(vi) all applicable United States federal and state privacy laws, including, but not limited to, the California Online Privacy Protection Act (CalOPPA), Early Learning Personal Data Protection Act (ELPIPA);
(vii) the General Data Protection Regulation (EU);
(viii) the Data Protection Act 2018 (UK);
(ix) any other applicable privacy legislation.
(the above is collectively referred to as “Data Protection Laws”)7
(d) This Privacy Policy is Our most recently updated Privacy Policy. Your continued use of the Service constitutes Your agreement to this Privacy Policy and any amendments. We encourage You to read Our Privacy Policy carefully.
12. How to contact us about privacy
If You have any queries, or if You seek access to Your personal information, or if You have a complaint about Our privacy practices, You can contact us by email: at admin@pod-e.co.