Cherry Hub Pty Ltd ABN 61 642 144 992 (“CHUB”) provides a wide variety of products and services via our websites and applications, including, but not limited to, compliance tools, gamification products and CRM/communication tools. This website www.cherryhub.com.au is owned and operated by CHUB.

Application of Privacy Policy

By using a CHUB website (“Website”) or CHUB application (“App”), or entering into an agreement with us in relation to the Website or App or placing advertisements with us (collectively the “Services”), you are taken to have read, and agreed to the collection, use, disclosure and handling of your personal information in accordance with this Privacy Policy.

This Privacy Policy is in addition to any other terms and conditions applicable to the Services. Specific privacy terms contained in any documents made available by us should be read together with this Privacy Policy. We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy at any time. Reasonable notice of material changes to the Privacy Policy will be provided before the changes takes effect. You should review this Privacy Policy periodically.

At CHUB, we understand the importance you attach to your personal information. This Privacy Policy details how we handle personal information. Under the Privacy Act 1988 ‘personal information’ means information or an opinion which is, or can be, used to identify an individual (or from which an individual is reasonably identifiable).

We are committed to complying with Australian Privacy laws and the Spam Act.

Primarily, we use personal information for the provision of our Services. Not all of the information collected and held by us will be personal information.

Collection of Information

We collect personal information to enable us to provide our Services. We also collect a broad range of non-personal information. Some of the information we collect includes:

• information about your use of our Websites and Apps (including browser statistics, IP Address, how long you spend on our Websites, the pages you visit and the date and time of your visits);
• information that you provide for the purpose of registering with our Websites and/or Apps or using our other products or services, such as your name, contact details, such as phone number, email address and postal address;
• information that you provide for the purpose of subscribing to our Websites ,Apps or other Services, such as: name, contact information, and employer details, where you are a representative of our current or prospective customers or partners;
• information that you provide to us when you communicate with us by email, phone, via our Websites or Apps or in person; and
• information about your marketing preferences, such as whether you have consented to receiving direct marketing messages

We do not ordinarily record phone calls: however, if we do, we will let you know at the commencement of the call and give you an opportunity to opt-out of having the call recorded.

We may collect this information directly from you when you use our Services.

If you provide data to us which includes the personal information of another individual, you must first obtain consent from that person. By providing that information to us, you represent that you have obtained such consent.

We collect information on our own behalf and on behalf of others. Where we collect information on behalf of others, such as our customers and partners, we require that they comply with Australian privacy laws.

We may engage third parties to provide services to us, such as our software and technology providers and related managed service providers, which may include collecting and processing personal information on our behalf. We require that such third parties comply with Australian privacy laws.

We may also collect your personal information from our customers or partners, including, for example, data from marketing opt-in lists and consumer surveys. Our customers and partners may provide us with your personal information so that we may provide them with our Services, such as marketing services, games or compliance tools.

Use and Disclosure

Personal information

To the extent that CHUB obtains your personal information, it may use it to:

• provide products and services to you
• notify you about changes to our services
• verify your identity
• enable you to participate in features of our Services which are interactive should you wish to do so do
• provide you with news and information, as well as promote and market products, services and special offers made available by us, our related companies and third parties (unless you ask us not to)
• to comply with our regulatory obligations
• generate records and reports based on your use of our Services
• enable your access to and use of the Website and/or App
• conduct research about our products and services
• develop products and services
• respond to any specific request you make of us and to provide customer support
• identify and address any technical issues
• prevent or investigate any fraud or crime (or a suspected fraud or crime)
• audit and monitor the Services we provide

We may disclose information about you to:

• your authorised representatives and agents
• our agents, contractors and third-party service providers to enable them to provide services on our behalf or for them to provide administrative and other services for or to us
• our customers, partners and subscribers as part of a product or service we provide to them
• third parties, such as our customers and partners, to enable them to provide you with news and information and to promote and market products, services and special offers (unless you ask us not to)
• others where the disclosure is required by law, for example, to government agencies and regulatory bodies as part of our statutory obligations, or for law enforcement purposes
• an organisation that acquires all or part of our assets or businesses
• protect and defend our rights
• investigate possible misuse of the Services
• protect the safety of users of our Services

We may also use or disclose information about you where we have obtained your consent, or where we have obtained the information from another party for a specified purpose, or as required by relevant laws, statutes, regulations, codes and external payment systems.

Where you provide information to us, you consent to use and disclosure of that information in accordance with this Policy.

Where you have access to the personal information of someone else by virtue of the products and or services we supply you, your use of this information must be in accordance with the rules contained in the terms and conditions of your contract with us, which may be amended from time to time.

When we provide personal information to our customers and subscribers as part of a product or service offered by us, we require them to comply with the Privacy Act.

Websites and Apps

We are committed to ensuring the security of our Websites and Apps, and we incorporate security practices and procedures which we consider are consistent with Australian industry standards. CHUB will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Each time you visit our Websites, web servers may collect certain information including your IP address, the date, time and duration of your visit and the pages, documents and services accessed. We use these non-personalised statistics about the use of our Websites to continually improve our Websites and customer service.

We may also use (and may engage third parties to use) this information to help improve and tailor our Websites, and to select advertisements that may be displayed to you on our Websites.

Our Websites may contain links to the websites of third parties. If you access those third-party websites, they may collect information about you. You will need to contact them to ascertain their privacy standards. We are not responsible for the conduct of the operators of third-party websites.

Our Websites may use a technology called “cookies”. A cookie is a small text file placed on your computer hard drive by a web page server. Cookies may be accessed later by our web servers. Cookies store information about your use of websites. Cookies also allow us to provide you with more personalised service. We use cookies to:

• determine whether you have previously accessed our Websites
• identify the pages you have accessed
• aid in the security of your use of our CHUB Websites
• aid in the log-in process
• facilitate administration of CHUB Websites.

Most web browsers are set to accept cookies but you may configure your browser not to accept them. If you set your browser to reject cookies you may not be able to make full use of our Websites.

We cannot guarantee the security of information transmitted over the internet. We recommend that you take all necessary precautions to protect your personal information while you are online, including installing appropriate operating system updates, browser updates, virus protection software and firewall software.

Credit card details

If you provide us with your credit card details for payment of products and services, we will only use that information for the purpose of processing your payment, which includes disclosing the information to our third-party credit card gateway provider. Information relating to electronic transactions entered into via our Websites or Apps will be protected by encryption technology.

Access and Correction

We take reasonable steps to ensure that all personal information about you that we collect, use or disclose is accurate.

If you have submitted details about yourself to us, you may request access to or a copy of the personal information that we hold about you by contacting our Privacy Officer (contact details below). You may also request correction of your personal information that we hold. Before providing you with access to the personal information that we hold about you, we may require that you first provide us with documentary evidence verifying your identity. Subject to us being satisfied with such verifying documents, we will only decline an access or correction request in circumstances prescribed by the Privacy Act. If complying with your request for access requires considerable time and expense on our part, we may charge you a reasonable fee for providing you with the information.

If we do refuse your access or correction request, we will provide you with written reasons for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction (if you askus to do so).

Opt-out

If, at any time, you do not wish to receive marketing correspondence or email newsletters from us, please use the “unsubscribe” form provided or advise our Privacy Officer, and we will cease future correspondence and, if requested, remove your personal information from our marketing database.

Sensitive Information

We will only collect sensitive information about you with your consent (unless we are otherwise allowed or required by law to collect that information). The Privacy Act defines “sensitive information’ to include information about, for example, your health, your race or ethnic origin and religious beliefs.

How to make a complaint

CHUB welcomes your comments regarding this Privacy Policy. Should you wish to make a complaint about the way in which CHUB has handled your personal information or if you believe CHUB has breached the Australian Privacy Principles, please contact us on support@cherryhub.com.au.

We will acknowledge your complaint as soon as we can after receipt of your complaint. We will let you know if we need any further information from you to resolve your complaint.

We aim to resolve complaints as quickly as possible. We strive to resolve complaints within five business days but some complaints take longer to resolve. If your complaint is taking longer to consider, we will let you know what is happening and a date by which you can reasonably expect a response.

If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner by calling them at 1300 363 992, online at www.oaic.com.au or writing to the Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001.