Privacy Policy
Anni Co Pty Ltd
Australian Company Number (ACN) 658 500 184
(Anni)
1 General
1.1 Unless otherwise specified, capitalised terms used in this Privacy Policy (Policy) have the same meaning in our terms and conditions of use (Terms and Conditions).
1.2 In this Policy, User, you or your means any person who accesses and uses Anni’s Platform or Services.
1.3 This Policy forms part of and is incorporated into the Terms and Conditions.
1.4 This Policy has been prepared in accordance with:
(a) applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein; and
(b) the General Data Protection Regulation (EU) 2016/679 (GDPR),
as applicable.
1.5 This Policy applies to Anni’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Platform, or when you use the Services or register an Account.
1.6 This Policy is intended to describe what information Anni collects and/or processes; how Anni uses it; and under what circumstances, if any, Anni discloses any Personal Information. Please read this Policy before using the Platform or submitting any Personal Information. By using the Platform, you are accepting the practices described in this Policy.
1.7 Anni may in its absolute discretion elect to amend or replace this Policy by uploading a revised Policy on the Platform from time to time. A copy of the most up to date version of this Policy will be made available to view on the Platform. Any changes made to this Policy will apply immediately from the date Anni uploads the revised Policy onto the Platform. In addition, Anni may, but is not obliged to, notify you by email of any updates to this Policy. Anni strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information Anni has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop using the Services and accessing the Platform. In addition, you should take steps to cancel your Account.
2 Types of Information Collected
2.1 When you register for an Account, use the Services or access the Platform, Anni may collect your Personal Information and Statistical Information – both of which are defined in clauses 2.2 and 2.3 below, respectively. Anni will not collect any Sensitive Information from you (being any information (or an opinion) about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, or information about your health, genetic information or biometric information).
2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may (potentially) include a person’s full name, mailing or residential address, date of birth, bank account details, credit card details, PayPal account details, phone number and email address, as well as potentially “personal data” for the purposes of the GDPR. For the purpose of this Policy, the term Personal Information also includes (a) information we collect about the Content you post on the Platform or through your interactions with other Content; and (b) personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.
2.3 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Platform or use the Services, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the Platform or Services.
2.4 Anni also collects information automatically (through the use of cookies) on the Platform (and any website which the Platform is available at from time to time), as discussed in this Policy further below.
3 Personal Information about third parties
3.1 If at any time you supply Anni with Personal Information about another person, you should ensure that you have written consent from that person to do so, and you must agree to inform that person about Anni and the fact that Anni may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
4 How Anni Collects Personal Information
4.1 Anni will not ordinarily collect any Personal Information about you except where you provide it to Anni (directly, or through posting or interacting with Content on the Platform), or where it is provided to Anni with your authority.
4.2 Anni collects Personal Information when you:
(a) take steps to register an Account, enquire about or sign up for and use the Platform or the Services;
(b) post and interact with Content; and
(c) provide Anni with feedback or make a complaint.
4.3 In the event Anni receives unsolicited information about you, it will only be collected where:
(a) such collection is reasonably necessary for one or more of Anni’s functions or activities; and
(b) Anni either:
(i) obtains your consent; or
(ii) is authorised or required to do so by Law.
4.4 Where clause 4.3 does not apply, Anni will (within a reasonably practicable timeframe) destroy any unsolicited Personal Information that Anni receives.
5 How Anni uses Personal Information
5.1 Anni will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. Anni will make every effort to advise you of the purposes for which Anni is required to collect your Personal Information before that Personal Information is to be collected.
5.2 To provide, develop and improve the Services
You authorise Anni to use your Personal Information to:
(a) contact you in relation to your use of the Platform and the Services, including (without limitation) to notify you of any modifications to our Terms and Conditions or this Policy;
(b) notify you about any promotions or other communications;
(c) make improvements to the Services and/or the Platform. For example, Anni may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the Platform and the Services, and to implement updates where necessary; and
(d) measure the performance of the Services and to understand how the Services are used. For example, Anni may analyse Users’ interactions with Content so Anni can streamline the process of your Account registration.
5.3 To ensure compliance
Additionally, the purposes for which Anni will generally collect and use your Personal Information will include collection for the following reasons:
(a) to comply with all Laws (including but not limited to verifying your identity to prevent fraud or other unauthorised or illegal activity);
(b) to co-operate with authorities in relation to any investigation into any User of the Platform;
(c) to perform Anni’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
(d) to manage Anni’s rights and obligations under the Terms and Conditions or this Policy;
5.4 Marketing Communications
If you are a User, Anni may send you email marketing communications to:
(a) provide you with information about Anni’s Services and the Platform; and/or
(b) communicate with you for other marketing purposes.
In doing so, Anni will always provide you with the option to unsubscribe from Anni’s marketing communications. If you do not want to receive marketing communications from Anni, please contact Anni here.
6 Disclosure of Personal Information
6.1 By accessing the Platform or using the Services, you consent to the disclosure of your Personal Information in accordance with this Policy.
6.2 Anni takes the protection of your Personal Information very seriously. Anni will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable Anni to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in Anni’s records.
6.3 Anni will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:
(a) Anni has obtained your consent to its use or disclosure; or
(b) the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect Anni to use or disclose that Personal Information in that manner.
6.4 Anni may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom Anni may disclose your Personal Information may include:
(a) Anni’s agents, contractors and external advisors (such as legal and financial advisors) whom Anni engages from time to time to carry out, or advise on, Anni’s functions and activities;
(b) business partners (eg advertisers);
(c) other Users (eg your username or profile name, the information you have consented to us sharing, and any Content you create on the Platform which contains Personal Information); and
(d) regulatory bodies, government agencies, law enforcement agencies and courts.
6.5 Unless otherwise specified in this Policy or as required by Law, you authorise Anni to disclose your Personal Information and Statistical Information to third parties:
(a) where Anni assigns, transfers, sells or otherwise licenses its rights under the User Terms and Conditions to a third party;
(b) where Anni reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation suspected fraud), situations involving potential threats to the physical safety of any person, violations of the Terms and Conditions or this Policy, or as otherwise required by Law;
(c) in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of Anni’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Anni will notify you using the Personal Information linked to your Account; and/or
(d) where such disclosure is required by Law, or where Anni reasonably believes in good faith that such disclosure is necessary to protect Anni’s rights.
6.6 You consent to Anni disclosing Statistical Information to third parties including, without limitation, to analytics companies and Anni’s business partners, to help Anni understand usage patterns, to assist in product development and for advertising purposes.
6.7 Anni may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Anni discloses your Personal Information to overseas recipients, Anni will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:
(a) Anni believes on reasonable grounds that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
(b) you give Anni an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
(c) the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).
7 How Anni Uses Cookies
7.1 If you register an Account or continue to access the Platform or use the Services, you agree to Anni’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information.
7.2 When you access or use the Services, Anni will automatically use cookies to collect technical information including:
(a) Statistical Information; and
(b) information about your interaction with the Services, including your clickstream to, through and from the Platform, the times you access the Platform, activity on third party websites which are linked to the Platform, and views and interactions with Content.
7.3 You may control the technical information Anni collects, including through your browser or device settings. In doing so, you:
(a) acknowledge some of Anni’s Services may not function properly if you choose to disable cookies; and
(b) release Anni and any of its Related Bodies Corporate from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Services).
8 GDPR
8.1 Anni will comply with the principles of data protection (including as set out in the GDPR) for the purpose of fairness, transparency and lawful data collection and use.
8.2 Anni will process Personal Information as a processor and/or, to the extent relevant, as a controller (as those terms are defined in the GDPR).
8.3 Anni must have a legal basis to process Personal Information which it collects. Anni relies on several legal bases to process Personal Information in accordance with this Policy, including:
(a) where the person has consented to the processing of Personal Information by Anni (which consent may be withdrawn at any time);
(b) for Anni’s legitimate interests to operate, provide or improve the Platform and/or Services;
(c) where necessary to provide access to, and use of, the Platform and/or Services; and/or
(d) where Anni is authorised or required by Law to do so.
8.4 Where a person has (directly or indirectly) provided consent to Anni processing their Personal Information, the consent may be withdrawn at any time with future effect – i.e. the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal. If consent is withdrawn, Anni will only continue processing the person’s Personal Information where Anni is permitted or obliged to do so by Law (including under the GDPR).
9 Your Rights Under this Policy
9.1 This clause 9 sets out the rights you have in relation to how your Personal Information is obtained and used.
9.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected:
(a) the right to be informed how your Personal Information is being used;
(b) the right to access your Personal Information (and Anni will provide you with a free copy of it);
(c) the right to correct your Personal Information if it is inaccurate or incomplete;
(d) the right to delete your Personal Information (which is also known as “the right to be forgotten”);
(e) the right to restrict processing of your Personal Information;
(f) the right to retain and reuse your Personal Information for your own purposes;
(g) the right to object to your Personal Information being used; and
(h) the right to object against automated decision making and profiling.
9.3 You are encouraged to contact Anni at any time if you wish to exercise your rights in relation to this Policy. Anni reserves the right to request you verify your identity before Anni acts on any request made by you.
9.4 Alternately, please contact us here.
10 Storage of Personal Information
10.1 Anni implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our servers in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
10.2 Anni's servers may at times be located overseas in countries which are not bound by the Privacy Act, including, without limitation, the United States of America, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that Anni is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.
11 Security of Personal Information
11.1 Anni will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Anni through your use of the Platform and Services or otherwise. Anni will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.
11.2 Notwithstanding clause 11.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, Anni cannot guarantee or warrant the security of any information (including Personal Information) you provide through the use of the Platform. You understand that any Personal Information you provide to us is done so at your own risk.
11.3 If Anni becomes aware of a breach of security in relation to your Personal Information, Anni will immediately use its best endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.
11.4 If Anni becomes aware of a breach of security, and a third party has, without authorisation:
(a) accessed your Personal Information; or
(b) disclosed your Personal Information to another third party,
(Data Breach),
and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to the individuals to whom the information relates, Anni will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how Anni believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
11.5 If Anni becomes aware of a Data Breach in which your Personal Information is lost, and Anni has reasonable grounds to believe that:
(a) unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
(b) if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to the individuals to whom the information relates,
Anni will notify you and the OAIC with the details of the Data Breach, including details of how Anni believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
11.6 You acknowledge and understand that if you access the Platform or the Services from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that we will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).
12 How long your Personal Information is stored
12.1 You consent to Anni retaining your Personal Information for as long as necessary to fulfil the purposes for which Anni has collected it, including in order to satisfy any Law.
12.2 To determine the appropriate retention period for Personal Information, Anni will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which Anni processes the Personal Information and whether Anni can achieve those purposes through other means. Anni will also at all times have regard to the applicable legal requirements under the GDPR and/or the Privacy Act (as applicable).
13 Third parties
13.1 Where Anni provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
(a) the use of your Personal Information by third parties is not in Anni’s reasonable control;
(b) third party websites may place their own cookies or other files on your computer or telephone, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and
(c) it is your responsibility to familiarise yourself with the privacy policy of any third party website you visit which collects Personal Information about you and to use your discretion when providing such information.
13.2 If Anni discloses personal information to a third party, Anni will always act to protect it in accordance with this Policy. However, you agree that Anni will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom Anni validly disclosed the Personal Information (and you agree to make no claim against Anni in that regard).
14 How to Contact Anni
14.1 If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Policy, you should contact Anni as soon as possible using the means provided on the Platform or at:
by Email: here.
Your complaint will be taken seriously and addressed in accordance with clause 14 of the Terms and Conditions in relation to Dispute Resolution.
15 How to Contact the Office of the Australian Information Commissioner
If you do not receive a satisfactory response from Anni, or you believe that Anni has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:
Address: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992