This Policy applies to Gaia App, operated by Life And Passing Digital Pty Ltd (ACN: 677 453 235) and its related entities from time to time, together (Us, we, our)
We are bound by the Privacy Act 1988 (Cth) (Privacy Act), Australian Privacy Principles (APPs), and any registered privacy codes that apply to it. This Policy sets out:
By visiting or using our websites that link to this Policy or otherwise providing information to us, you consent to collecting, processing, using, and disclosing information about you as set out in this Policy, including transfers to third parties and other countries. Your use of our services and the websites, and any dispute over privacy, is subject to this Policy and our Terms of Use, including applicable limitations on damages and the resolution of disputes.
From time to time, we may review and update this Policy, including to take account of new or amended laws, new technology, and/or changes to our operations. We will post changes to this Policy on our websites along with the effective date of the changed policy. We recommend that you review this Policy periodically. If we make a material change to this Policy, you will be provided with appropriate notice.
All personal information held by us will be governed by the most recently updated Policy. This Policy was updated in April 2024 and is effective from 8 April, 2024.
Personal Information
Personal Information is any information or opinion about an identified individual or an individual who is reasonablyidentifiable, whether the information or opinion is true or not, and whether the information or opinion is stored in a material form.
We only collect personal information directly related to, or reasonably necessary for, our functions and activities.
In general, the personal information we collect about you includes (but is not limited to):
We collect information about you automatically on our websites and through emails that we send to you, including whether you click on or select links in our emails. We may also collect data relating to your activity on our websites (including IP addresses) via tracking technologies such as cookies, or we may collect information from you in response to a survey. We generally use this information to help us understand how our websites are used and how you interact with information we send you, report statistics, analyse trends, administer our services, diagnose problems, and target and improve the quality of our products and services.
To the extent this information does not constitute personal information, the APPs do not apply, and we may use this information in ways not covered by this Policy.
We generally advise that you do not publish or communicate personal information, or at least limit the personal information that you publish or communicate, to the public via our services, such as in our forums or blogs (Non-Confidential Information). You acknowledge that we cannot control any third-party collection or use of your Non-Confidential Information. You agree that we may use and disclose Non-Confidential Information for any purpose and by any means.
We collect personal information directly from you whenever practical, and for example, may collect your personal information when you request or acquire a product or service from us, register or subscribe with us as a member, provide a product or service to us, complete a survey or questionnaire, enter a competition or event, contribute in a fundraising event, participate in our services (including our radio programs, blogs and forums) or when you communicate with us by email, telephone or in writing (for example, if you contact customer service to make a complaint or provide feedback). We may also collect your personal information from a variety of third-party sources, such as advertisers, mailing lists, recruitment agencies, contractors, and business partners.
If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.
We may use the personal information and other information we collect, and you consent to us using your personal information and other information for the purposes for which it was provided to us, as required by law, and for our business purposes, including:
In some circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance, where you would reasonably expect us to, and the purpose is related to the purpose of collection).
We partner with third parties to collect the information discussed in this Policy to engage in analysis, auditing, research, and reporting. These third parties may set and access cookies on your computer or other devices and may use web beacons to collect information about your activity on our websites. In particular, our websites use Adobe Analytics and Google Analytics to help collect and analyse certain information for the purposes discussed in this Policy. The information generated about your use of the websites may be transmitted to and stored by Adobe Analytics and Google Analytics on servers outside your country of residence. You may opt out of the use of cookies by Adobe Analytics here. You may opt out of the use of cookies by Google Analytics here.
We also partner with third parties to provide targeted advertising services through digital channels and social media that are customised based on your online activities over time and across unaffiliated websites (“Interest-Based Advertising”). These third parties may use cookies and web beacons (and other storage technologies) to collect or receive information about your activity on our websites, and they may combine it with information about your activity on other unaffiliated websites. In addition, our third-party advertising providers might use information about your use of our websites to help target interest-based advertisements based on your online activity in general. This means that you may see our banners and ads when you are on other websites and apps, such as social media.
For more information about Interest-Based Advertising and how to opt-out, please visit the Australian Digital Advertising Alliance (ADAA) opt-out page, available at http://www.youronlinechoices.com.au/opt-out/.
Although our websites do not respond to “do not track” browser headers, you can limit tracking by taking the above mentioned steps. The use of online tracking mechanisms by third parties is subject to those third parties' own privacy policies and not this Policy.
We will disclose your personal information, and you consent to us disclosing your personal information to Queste Pty Ltd and any of its related entities (in which case, your personal information will be collected, used, disclosed, managed, and stored per this Policy). We may also disclose personal information, and you consent to us disclosing your personal information to third parties:
We store your personal information in Australia, though some multinational service suppliers may store this information overseas. We are unable to determine in which countries this information may be held. We are unlikely to disclose your personal information overseas.
As mandated by the Office of the Australian Information Commissioner (Commissioner), if an eligible data breach occurs that causes serious harm to an individual, Life And Passing Digital Pty Ltd will have to notify the Commissioner of such a breach. This requirement is the Notifiable Data Breaches Scheme, effective 22 February, 2018. Your personal details may be provided to the Commissioner, and the individual themselves will be notified of the matter, should such an occurrence arise.
You may “opt-out” from receiving communications from us or from third parties that send communications to you in accordance with this Policy. For example, you may unsubscribe from e-newsletters and other marketing, or promotional material sent by us. You may “opt-out” from receiving these communications by clicking on the unsubscribe link at the end of an email, or by updating your personal details on our websites, or by contacting us through any of the channels disclosed in the Contacting Us, complaints, and feedback section below.
Please be aware that there is certain information we are required by law to provide to you, and you cannot opt out of receiving this information from us.
If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this Policy or in breach of any law, please contact us through any of the channels disclosed in the Contacting Us, complaints, and feedback section below.
We have appointed a Privacy Officer to oversee the management of personal information in accordance with this Policy and the Privacy Act. Other than in relation to Non-Confidential Information, we will take all reasonable steps to protect the personal information that we hold from misuse, loss, interference, or unauthorised access, including by means of appropriate physical measures and appropriate electronic measures such as firewalls, password access, secure servers and encryption of credit card transactions.
However, you acknowledge that the security of online transactions and communications sent by electronic means or post cannot be guaranteed. You provide information to us via the Internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control. You acknowledge that we are not responsible for any third party's privacy or security practices (including third parties to whom we are permitted to disclose your personal information in accordance with this policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately through any channels disclosed in the Contacting Us, Complaints, and Feedback section below.
We take reasonable steps to ensure that only required data is held and that all personal information is complete and accurate. We request that you keep your information as current as possible so we may continue improving our service.
Subject to some exceptions in the Privacy Act, you have the right to seek access to the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request, for example cancelling and re-issuing a cheque payment sent to an out-dated address. If we refuse your request for access, we will give you written reasons within a reasonable time (unless it would be unreasonable to provide those reasons).
If you are registered with us as a member, you are able to change and update your profile at any time. Should you require assistance updating your data or removing your details, contact us through any channels disclosed in the Contacting Us, Complaints, and Feedback section below. You may also unsubscribe from our services at any time by contacting us through any of those channels.
If the personal information you have provided us has changed or your circumstances change, or you believe that the data we hold is not accurate, please contact us through any of the channels disclosed in the Contacting Us, Complaints, and Feedback section below, and we will consider your request to correct the information. We will usually correct your information within a reasonable time. If we refuse to correct your personal information, we will provide you with a written notice that sets out the reasons for our refusal (unless it would be unreasonable to provide those reasons) and provide you with a statement regarding the mechanisms available to you to make a complaint.
If you would like to seek access to the personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage, or store your personal information, you can contact us via the below channels:
If you make a complaint, we will take reasonable steps to investigate the complaint and respond to you within a reasonable time. If you are not happy with our response, you may complain directly to the Office of the Australian Information Commissioner at www.oaic.gov.au.
For more information about privacy in general, or if you are dissatisfied with our response to your complaint, you can contact the Office of the Australian Information Commissioner at www.oaic.gov.au.