Privacy Policy

Last updated: October 12, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Bilby referred to as either “We”, “Us” or “Our” in this Agreement refers to the Australian Business name BILBY MANAGEMENT SOFTWARE
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Australia
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Partner refers to a club, association or organisation that administers a portion of the Service.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of Bilby. It refers to third-party companies or individuals employed by Bilby to facilitate the Service, to provide the Service on behalf of Bilby, to perform services related to the Service or to assist Bilby in analysing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• User refers to an individual or collective of people that hold an Account with a Bilby Partner.
• Website refers to Bilby, accessible from https://mybilby.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Year of Birth
• Other data requested by a Partner
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service. For more information about the cookies we use and your choices regarding cookies, please visit our Cookie Policy page.

Use of Your Personal Data

Bilby may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You.

• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Bilby assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

Bilby will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Bilby will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at Bilby’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Bilby will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If Bilby is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, Bilby may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Bilby may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of Bilby
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies. We use third-party Service Providers to provide better improvement of our Service.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Third-party Services

We may use third-party Service Providers to provide better improvement of our Service. Third party services in use include, but is not limited to:

• Stripe

  Stripe is an online payment system that makes paying for things online and sending and receiving money safe and secure.

  Stripe brings together everything that’s required to build websites and apps that accept payments and send payouts globally. Stripe’s products power payments for online and in-person retailers, subscriptions businesses, software platforms and marketplaces, and everything in between.

  Stripe also helps companies beat fraud, send invoices, issue virtual and physical cards, reduce friction at checkout, get financing, manage business spend, and much more.

  Their Privacy Policy can be viewed at https://stripe.com/au/privacy

• Amazon Web Services

  Amazon Web Services (AWS) is a platform that offers cloud computing solutions. We use Amazon Web Services (AWS) as our hosting service provided by Amazon Inc (amazon.com) for the purpose of hosting the Service.

  Their Privacy Policy is found in the following link https://aws.amazon.com/privacy/.

• Google reCAPTCHA

  reCAPTCHA is a service from Google that helps protect websites from spam and abuse. A “CAPTCHA” is a Turing test to tell humans and bots apart. It is easy for humans to solve, but hard for “bots” and other malicious software to figure out.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

• Google Maps

  Google Maps is a web mapping platform and consumer application offered by Google. It offers satellite imagery, aerial photography, street maps, 360° interactive panoramic views of streets, real-time traffic conditions, and route planning for travelling by foot, car, bike, air and public transportation.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

• Google Analytics

  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Your responsibilities as a Partner

If you are a Partner with Us, you acknowledge and agree that, with respect to all Personal Data (including the Personal Data of your Users) that your Administrators or any of your other Users (including your Members) enter into our Services, you are acting as a joint data controller along with Bilby with respect to such Personal Data.

As a data controller, you have the following responsibilities that you must adhere to:

Comply with all Data Protection Laws

You must comply with your obligations under all applicable Data Protection Laws.

Obtain consent

You have obtained or shall obtain all consents necessary under Data Protection Laws, for Bilby to process the Personal Data through Our Services as you direct, and that such consent is obtained from the correct person. For example, the express consent of a User (where Sensitive Data of a User is being entered into the Service).

Withdrawn consent or objection to processing

You must notify us without undue delay if any User withdraws their consent, or any part of their consent, or objects to any processing of Personal Data through our Services. This shall include any withdrawal of consent, or objection received by you from a User to whom the Personal Data relates.

Accuracy of Personal Data

You will make sure to update any Personal Data stored within your account that relates to another person when requested to do so by that person.

Security breach

Upon becoming aware of a Security Incident, or any other (suspected) breach of your security safeguards, You must notify us without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Us.

Sensitive Data

You will not input or transfer (or allow any User to input or transfer) Sensitive Data into our Services, unless the necessary consents have been obtained.

Security

You are responsible for you and your Users secure use of our Services, including securing your account authentication credentials and following data security responsibilities as outlined above.

Evaluation of our Services

You are responsible for reviewing the information made available by Bilby relating to data security and making an independent determination as to whether our Services meet your requirements and legal obligations under Data Protection Laws.

Privacy Governance

We are committed to the protection and safe handling of your personal information. We handle your personal information using the guidelines in accordance with the Australian Privacy Principles (APPs). For more information about the APP’s see: https://www.oaic.gov.au/privacy/australian-privacy-principles.

If you believe there is something in the Service that does not follow the advice set out in the APP’s please Contact Us.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://wiki.mybilby.com/contact