This Privacy Policy governs how SPLOSE PTY LTD ACN 614 286 636 (we, us, our) will deal with your personal information (as defined under the Privacy Act) and sensitive information (as defined in clause 7 of this Privacy Policy and the Privacy Act) (collectively, Personal Information) collected in connection with the provision of our software application known as ‘splose’ (Platform), and such other products and services as may be provided through our website at https://splose.com/ (Website) and any other technological means from time to time (Services). We are the controller of (and are responsible for) your Personal Information.

This Privacy Policy also applies to Personal Information collected by us in connection with our Platform, as well as in connection with any direct communication between you and us.

We use third parties located both locally and overseas in addition to our own resources to provide these Services.

1 Scope

(a) We understand that when accessing our Services, the privacy and confidentiality of Personal Information is important to you and your customers. That’s why we fully respect your rights to privacy and are committed to protecting the personal and financial details you provide us in line with this Privacy Policy. This Privacy Policy applies to our Services and all individuals who use our Services or whose Personal Information is processed by us.

(b) We are committed to protecting the privacy of everyone who uses our Platform and/or our Services, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and with complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act), Privacy Act of 1974 (US Privacy Act), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Children's Online Privacy Protection Act (COPPA), California Consumer Privacy Act (CCPA), the General Data Protection Regulation (EU) 2016.679 (GDPR) and the UK General Data Protection Regulation (UK GDPR) (collectively, the Applicable Privacy Laws).

(c) It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Information about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

2 Types of information collected

(a) We may collect Personal Information that allows us to identify who an individual is and share Personal Information.

(b) The types of information we may collect includes:

(i) User Account Credentials - your usernames, account numbers, security codes or passwords when you access our Platform and Services;

(ii) Personal Details - personal details such as an individual’s name, location, date of birth and, nationality and other identification details (e.g. passport or driver’s licence) allowing us to identify who the individual is;

(iii) Contact Information - information such as an individual’s email address, telephone and fax number, geo-location, Internet Protocol (IP) address, unique device identifiers, your mobile number, your device model and name, your operating system, your browser type third-party user names, residential, business and postal address and other information that allows us to contact the individual;

(iv) Health Information - information such as the health conditions, illness, disability or injury of an individual;

(v) Device Information - information relating to your device, such as your device model and name, your operating system, your browser type third-party user names, your Internet Protocol (IP) address or other online or device identifiers;

(vi) Financial Information - financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Services; and

(vii) Statistical Information - behavioural and statistical information about an individual and businesses in connection with the Services and/or the Platform.

(c)We may also collect Personal Information about third parties which you may provide to us from time to time so that we can provide products and services to you and those third parties. If you provide Personal Information about a third-party individual to us, you must ensure that the third-party individual is aware of this Privacy Policy, understands it and agrees to accept it. If you provide Personal Information about a third-party individual and that individual does not have the capacity to understand and agree to these terms (for example, a minor), we require a parent or guardian to acknowledge and agree to this paragraph. The acknowledgement will be through the acceptance of the Terms of Service of the Platform.

3 Collection of Anonymous Information

(a) In order to measure the success of our online advertising we may use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our Website and/or Platform. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our Website and/or Platform via online advertisements allowing us to see which online advertisements bring us the most visitors to our Website and/or Platform. Most web browsers automatically accept cookies but you can change your browser to reject them. It is still possible to access our Website and/or Platform without having cookies enabled.

(b) The information collected on our behalf is anonymous and does not personally identify you, which, for statistical purposes includes:

(i) your server address;

(ii) your top level domain name (e.g. .com, .gov, .au, etc.)

(iii)the date, time and length of your visit to the Website and/or Platform;

(iv) the pages you accessed;

(v) the previous website you visited;

(vi) the type of browser you are using; and

(vii) the protocol version used (e.g. HTTP, FTP).

4. Purpose of collection

(a) We collect your Personal Information so that we can carry out the following actions:

1. to enable you to use our Platform;

2. to provide our Services and ensure third parties are able to provide similar services to you;

3. to communicate with you, including about our Services and offers which might interest you;

4. to provide you with information or advice;

5. to undertake research in relation to (and to improve) our Services;

6. to process payments by or to you in connection with our Services;

7. to create accounts, tax invoices or receipts;

8. to provide your Personal Information to third parties in order for them to supply the Services to you, or to undertake research in relation to (and to improve) our Services;

9. to consider and respond to complaints made by you;

10. to consider an application for employment with us;

11. to perform identification and security checks; and

12. to comply with our legal and regulatory obligations.

5. How information is collected

9(a)Personal Information is collected in association with your use of the Services, an enquiry about us or generally dealing with us directly or via our Platform, including but not limited to:

1. when you purchase products or services from us;

2. when you register for an account on our Platform;

3. when you contact us via our social media pages;

4. when you contact us with an enquiry or complaint in relation to our services;

5. when authorised people provide us with your Personal Information on your behalf;

6. when you attend one of our events;

7. through your access and use of our Platform;

8. when you apply for a job with us; and

9. from third parties including data analysis agencies.

6. Use and disclosure of personal information

6.1 General use and disclosure

1. We may disclose your Personal Information to:

   1. our employees, related bodies corporate, contractors or service providers for the purposes of operating our Platform or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, suppliers and manufacturers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, archivists and professional advisors such as accountants, solicitors, business advisors and consultants;

   2. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;

   3. government and regulatory bodies and law enforcement agencies; and

   4. any other organisation for any authorised purpose with your express consent, including your insurers and your solicitors.

2. We will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission or as otherwise outlined in this Privacy Policy. Most commonly, we will use your Personal Information in the following circumstances:

   1. where we need to perform the contract we are about to enter into or have entered into with you;

   2. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and

   3. where we need to comply with a legal obligation.

3. We have set out below a description of the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

4. We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

5. Subject to clauses 10 and 17, we will not sell or otherwise provide or share an individual’s Personal Information to unrelated third parties unless:

   1. you consent to the sharing of your Personal Information, and you have not withdrawn your consent; and/or

   2. in connection with, or during negotiations of any merger, sale, financing or acquisition of our assets where this information may be disclosed or transferred as one of our business assets.

6. There are some circumstances in which we must disclose an individual’s information:

   1. where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

   2. to enforce or apply this Privacy Policy, or our terms, conditions and policies and/or agreements;

   3. as required by any law (including the Privacy Act, GDPR and UK GDPR); and/or

   4. in order to sell our business (in that we may need to transfer Personal Information to a new owner).

7. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

8. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

9. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6.2 Use and Disclosure Relating to AI

1. You acknowledge and understand that:

   1. certain features and functionalities of the Services (AI Features) are powered by (and utilise) technologies provided by OpenAI LLC TN32080278065 (OpenAI); and

   2. to optimise outcomes of the AI Features and facilitate data exchange with OpenAI, which may involve the collection, transmission, receipt and disclosure of your Personal Information to and from OpenAI, we may transmit and disclose your Personal Information outside of Australia to certain third parties for the purpose of improving our prompts to OpenAI.

2. You hereby consent to our collection, use, and disclosure of your Personal Information in accordance with clause 6.2(a).

3. If you wish to withdraw your consent to the practices as set out in clause 5.2(a), you may opt-out by contacting us at the details provided in clause 19 of this Privacy Policy at any time.

7 Sensitive Information

1. Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record (Sensitive Information).

2. It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.

8 Opt in and opt outs

1. An individual may opt to not have us collect their Personal Information (for example by unsubscribing to any marketing emails received). This may prevent us from offering them some or all of our Services and may terminate their access to some or all of the Services they access with or through us.

2. Where we rely on your consent to process your Personal Information, or to send you direct marketing, you can withdraw your consent at any time by either following the link to unsubscribe in the email sent to you, or by contacting us at the details provided in clause 19 of this Privacy Policy.

3. If an individual believes that they have received information from us that they opted out of receiving, they should contact us on the contact details set out in clause 20.

9 Inability to collect personal information

If you do not provide us with the Personal Information described above (see Use and Disclosure of Personal Information), some or all of the following may happen:

1. we may not be able to provide the requested products or Services to you, either to the same standard as if we did have access to Personal Information, or at all;

2. we may not be able to process any third party discounts or benefits;

3. we may not be able to notify you of any updates to our Privacy Policy and/or Terms of Service;

4. we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or

5. we may be unable to tailor the content of our Platform to your preferences and your experience of our Platform may not be as enjoyable or useful.

10 De-identified information

1. We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and Personal Information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties.

2. When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

11 Cookies

We may use temporary (session) cookies or permanent cookies when you access our Services. This allows us to recognise your browser and track the web pages you have visited. Some of these cookies also help improve your user experience on our Platform, assist with navigation and your ability to provide feedback and assist with our promotional and marketing efforts. You can switch off cookies by adjusting the settings on your web browser.

12 Safety and Security

1. We may hold your Personal Information in either electronic or hard copy form.

2. If you provide information to us electronically we retain this information in our computer systems and databases. If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.

3. We use industry standard security measures to safeguard and protect your information.

4. Subject to clause 21 below (where applicable), we may disclose your Personal Information to third parties and service providers located overseas, including to overseas cloud computing hosts. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.

5. We are not responsible for the privacy or security practices of any third party, including retailers and third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this Privacy Policy or any applicable laws. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

6. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

7. Where we become aware of any breach to our security systems that breaches or is likely to result in a breach of your rights or freedoms with respect to your Personal Information, we will notify you and any supervisory authority as required.

8. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

9. We are not responsible for the privacy policies of any third party, and we accept no liability on behalf of any third party. Third parties are responsible for informing you about their own privacy practices. The third-party providers (i.e. the subprocessors) that we use are listed at https://support.splose.com/en/....

13 Destruction of information

1. If the Personal Information we collect is no longer needed for any purposes and we are not required by law to retain it, we have procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy.

2. We will immediately remove your Personal Information from its database if requested by you.

14 Indemnity

1. Whilst we will use all reasonable endeavours to safeguard your Personal Information, we cannot guarantee that your Personal Information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties.

2. We also assume no responsibility or liability for third parties such as advertisers or other entities who utilise banner advertisements and links from our Website and/or Platform. If you click through a banner, advertisement, or link and submit your information to a third party, you will be subject to the privacy policies of that third party.

3. We ensure that all employees and contractors are bound by a confidentiality agreement requiring that they do not use or disclose your Personal Information in a manner contrary to this Privacy Policy.

4. We retain your Personal Information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above (see Use and Disclosure of Personal Information) or until you request that we remove the information by contacting us.

5. You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Platform or your breach of the Terms of Service available at https://splose.com/terms.

15 Accessing and updating information

1. If you would like us to update or amend your Personal Information, please contact us on the contact details set out in clause 20 and we will make the requested amendments.

2. We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.

3. You will be able to access Personal Information that we hold about you if it can be readily retrieved, subject to some exceptions allowed by law. Where we hold information that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you).

4. To request access to your Personal Information, please contact us in writing. We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making the request and will not charge for making any corrections to your Personal Information.

5. There may be instances where we cannot grant you access to the Personal Information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. In these instances, we will provide written reasons for any refusal.

6. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.

16 Connecting via social networks

1. You may be able to access the Services by signing into social networks such as Facebook or an Open ID provider. Providers such as Facebook provide the option of posting and sharing information with others within your social network. If you stop using the network from which you signed in to use the Service, you agree that we will still retain the personally identifiable information from the social network that you provided us access to in accordance with this Privacy Policy.

2. Social media features such as the Facebook “like” and “share” buttons and widgets and interactive mini-programs which run within the Service may collect your IP address and set a cookie to enable the feature to function properly. Your interaction with these features is under the Privacy Policy of the company providing them.

17 Right to be forgotten

In the event that you decide that you no longer want us to hold your Personal Information, you may notify us in writing on the contact details set out in clause 20of your desire for us to delete your Personal Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Personal Information, unless we are required by law to retain such information.

18 Links

Links from our Platform or via our Services to third party services that we do not operate or control are provided for your convenience. We are not responsible for the privacy or security practices of services that are not covered by this Privacy Policy. Third party services should have their own privacy and security policies which we encourage you to read before supplying any Personal Information to them.

19 Direct Marketing

1. We (and/or our carefully selected third party business providers) may contact you with direct marketing communications and information about the Services or other products and services offered by us via telephone, email, SMS, or regular mail.

2. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

3. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us on the contact details set out in clause 16. You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

20 Complaints and Disputes

1. If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:

   1. Address: Ground Floor, 153 Flinders Street, Adelaide SA 5000

   2. Email: hello@splose.com

2. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.

3. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them and any supervisory authority as required, at the earliest practical opportunity once we have established what was accessed and how it was accessed.

21 International Transfers

1. We may share your Personal Information with our group for the purposes set out in clause 6 of this Privacy Policy. This will involve transferring your data outside of Australia.

2. Whenever we transfer your Personal Information out of Australia, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

   1. we will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information; and

   2. where transfers to the EU or the UK take place, we may (if required by law) use specific contractual clauses approved for use in the UK and EU which give Personal Information the same protection it has in the UK and EU.

3. We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers or any group member to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.

22 Foreign Laws

(a) Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as defined under the GDPR and UK GDPR), Personal Information (as defined under the US Privacy Act, CCPA and COPPA), Protected Health Information (as defined under HIPAA), and any other equivalent terms under other Applicable Privacy Laws.

(b) We take the security and privacy of your Personal Information seriously and we have prepared this privacy policy and taken measures to collect, process and hold all Personal Information in compliance with the Applicable Privacy Laws regardless of the user.

(c) We have set out below a summary of the rights you have in relation to your Personal Information, depending on the country you are based. Please note that the list of countries provided is non-exhaustive, and you should contact us if you require further information regarding your rights under the specific Applicable Privacy Laws in your country.

(d) To exercise your rights listed under clause 22(c), please submit your request via one of the methods listed at clause 20 of this Privacy Policy. Note that we may need to verify your identity before fulfilling your request.

(e) For California residents:

(i) submitting a request to erase your Personal Information under the CCPA does not guarantee the complete removal of your Personal Information or content you have shared with us. There are instances where the law allows or requires us to retain certain information, such as for legal compliance, enforcing agreements, or resolving disputes. Additionally, we may continue to use aggregated or de-identified data that does not personally identify you;

(ii) you are not required to create an account to exercise your Right to Opt-out from Sales or Sharing. We will only use the Personal Information provided in an opt-out request to process and comply with your request. Under the CCPA, you may exercise your rights directly or appoint an authorised agent to act on your behalf;

(iii) please note that the effectiveness of your request to opt-out from sales or sharing may be affected by our ability to link cookies or pixels from your web session to your identity, device, or browsing activity. To maximise the effectiveness of your request, we recommend:

1. avoiding the deletion of cookies from your browser;

2. not using private or ‘Do Not Track’ (DNT) browsing modes; and

3. providing us with the same Personal Information you previously shared.

23 Information about Minors

(a) As our Platform operates on a business-to-business model for commercial entities, the Platform and our Services are not intended for individuals under 18. Individuals under 18 are not permitted to provide Personal Information on our Platform, use its features, or create an account with us.

(b) If:

(i) you submit Personal Information of an individual under 18 to us, you acknowledge and agree that such disclosure complies with the Applicable Privacy Laws (such as the US Privacy Act);

(ii) we become aware that we have collected Personal Information from an individual under 18 without verified parental consent, we will delete such Personal Information; and

(iii) you believe we may have information from or about an individual under 18, please contact us at hello@splose.com.

24 Changes to this Privacy Policy

If we decide to change this Privacy Policy, we will post the changes on our Platform. Please refer back to this Privacy Policy to review any amendments.