UBER-TECH Pty Limited (ACN 095 717 089)
We collect Personal Information about you primarily when one of our customers discloses the information to us in the course of our performing our obligations to our customer as a technology service provider, especially data hosting. We may also collect your Personal Information if you use an internet platform operated by one of our customers and hosted on internet servers operated by us.
- We collect only such Personal Information as we need to collect in order to supply our services to our customers. To the extent (if any) that the Personal Information is Sensitive Information, we will not collect that information without consent. To the extent that we do not need to collect Personal Information, you are not obliged to provide that information to us.
- Specifically, we collect Personal Information (as relevant):
- to enable our customers to lawfully communicate information to you regarding their products and services;
- to enable our customers to supply their services to you;
- to enable you to use any goods they may supply;
- for certain Health Reasons;
- for certain Legal Reasons; and
- to otherwise comply with our obligations under law.
- If you do not enable or permit us to collect this Personal Information, then our customers will not be able to supply information or services to you or you may not be able to interact with our customers in certain circumstances.
1.3 Collecting entity
The entity collecting Personal Information is UBER-TECH Pty Limited (ACN 095 717 089) of Suite 202, 107 Alexander Street, Crows Nest NSW 2065.
2 USE OF PERSONAL INFORMATION
We may use your Personal Information for Health Reasons, Legal Reasons or to the extent that to store your Personal Information is to use it.
3 DISCLOSURE & TRANSFER OVERSEAS
3.1 Disclosure by us
- We may disclose your Personal Information only to sub-contractors supplying us with their services so that those parties can provide their services to us, enabling us in turn to supply our services to our customers, and in turn, their services to you.
- We will not disclose your Personal Information to any third party for direct marketing purposes.
- We may disclose your Personal Information for Health Reasons or Legal Reasons.
3.2 Transfer overseas
Subject to clause 3.1, we may transfer your Personal Information to a person or organisation in a foreign country, but only if one of the following applies:
- if we provide the Personal Information to a service provider located overseas for the limited purpose of storing and managing the Personal Information, our contract with the provider: (a) obliges the provider not to use or disclose the Personal Information unless storing and managing the information; (b) obliges any of the provider’s sub- contractors to agree to the same obligations; and (c) gives us effective control of the information;
- we have taken such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Overseas Compliance);
- we reasonably believe that the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information and there are mechanisms that you or the relevant individual can access to take action to enforce that protection of the law or binding scheme;
- we tell you that Overseas Compliance will not apply and you consent to the transfer; or
- the disclosure of the information is required or authorised by or under an Australian law or a court / tribunal order.
- You will be able to access Personal Information about you by contacting us or logging into your account with our relevant customer (if applicable). If we are to provide access to the information, we will do so within a reasonable time.
- Notwithstanding paragraph (a), we may not grant you access to Personal Information for reasons including:
- if doing so would have an unreasonable impact on the privacy of other individuals;
- if the request for access is frivolous or vexatious; or
- for Health Reasons, Legal Reasons or similar reasons.
- If we deny you access to Personal Information, we will provide reasons for our decision.
- If you believe that the Personal Information we hold about you is not satisfactory, you may contact us and ask us to correct the information.
- If you demonstrate to us that Personal Information held by us is not satisfactory, we will, within a reasonable time, take reasonable steps to correct the information. If you claim that such information is not satisfactory and we disagree, we will notify you of our reasons and, at your request, accompany the information with a note stating your position about the information.
- If we correct information that was not satisfactory and we have previously disclosed that information to a third party, we will take reasonable steps to notify that third party.
6 STORAGE & SECURITY
- We hold Personal Information on internet servers operated by us at premises operated by third parties. We have entered into services agreements with those third parties.
- We will take reasonable steps to protect Personal Information from misuse, loss, unauthorised access, modification or disclosure.
- We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we would be permitted to use or disclose the information under the APPs.
- However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.
- If you wish to complain about a potential breach of the APPs by us, please write to us at:
UBER-TECH Pty Limited (ACN 095 717 089)
107 Alexander Street
Crows Nest NSW 2065
Email: [email protected]
- If we receive a complaint from you, we will handle the complaint in the following way:
- We will acknowledge receipt of your complaint.
- We will conduct an investigation of your complaint.
- We will notify you of the outcome of our investigation.
- We will provide you with basic information about further action that you may take if you are dissatisfied with the outcome of our investigation.
9 THIS POLICY
We may vary this policy at any time by amending the version of this document accessible by you on a webpage on our website.
9.2 Principles of interpretation of this policy
In this policy, unless expressly to the contrary and as appropriate in the context:
- an expression in the plural may be read in the singular, and vice versa;
- a reference to a thing or things includes a reference to any, some or all, or part or whole, of the thing or things;
- a reference to an act includes an omission and to the causing to be done of that act or omission;
- a reference to a person doing an act includes a reference to the doing of the act on behalf of the person;
- a reference to one alternative does not, of itself, exclude any other alternative;
- an expression of the exercise of a right means the exercise of that right at the sole and absolute discretion of the relevant party;
- a list of rights is not to be read as an exhaustive list of rights;
- nothing in this policy is an admission by us that, merely by hosting customer data that includes Personal Information, we are ‘collecting’ that Personal Information or that Personal Information is being ‘disclosed to’ us, within the meaning of Australian privacy law; and
- a reference to a provision, clause or paragraph is a reference to a provision, clause or paragraph of this policy.
9.3 Defined terms
- This clause 9.3 defines terms used in this policy. Other terms are defined elsewhere in this policy.
- disclose may include to transfer.
- Health Information is Personal Information about you that is collected in relation to a health service (if any) that you receive from one of our customers, including information about your health, organ donation intentions, genetic attributes and the health services supplied or to be supplied to you.
- Health Reasons means any of the following:
- Collection of Health Information if necessary to provide a health service to the relevant individual (who may be you) and the collection is required or authorised by or under an Australian law or the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation (Professional Health Rules).
- Collection of Health Information if: (a) necessary for research relevant to public health or safety, the compilation or analysis of statistics relevant to public health or safety, or the management, funding or monitoring of a health service; and (b) de-identified information would not be adequate for that purpose; and (c) it is impracticable to obtain the individual’s consent; and (d) the collection is required by or under an Australian law or the information is collected in accordance with Professional Health Rules or an approved APP guideline.
- Use or disclosure of Health Information if:
- (a) the use or disclosure is necessary for research or the compilation or analysis of statistics, relevant to public health or safety; and (b) it is impracticable to obtain the individual’s consent; and (c) it is conducted in accordance with an approved APP guideline; and (d) in the case of disclosure – it is reasonably believed that the recipient of the information will not disclose the information.
- Use or disclosure of genetic information if: (a) the information was obtained in the course of providing a health service to an individual; and (b) it is reasonably believed that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and (c) the use or disclosure is conducted in accordance an approved APP guideline; and (d) in the case of disclosure – the recipient of the information is a genetic relative of the first individual.
- Disclosure of Health Information if: (a) a health service is provided to the individual; and (b) the recipient of the information is a responsible person for the individual; and (c) the individual is physically or legally incapable of giving consent to the disclosure or physically cannot communicate consent to the disclosure; and (d) another individual (the carer) providing the health service is satisfied that either the disclosure is necessary to provide appropriate care or treatment of the individual or) the disclosure is made for compassionate reasons; and (e) the disclosure is not contrary to any wish expressed by the individual before the individual became unable to give or communicate consent and of which the carer is aware, or of which the carer could reasonably be expected to be aware; and (f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in sub-item (d) above.
- Legal Reasons means any if the following:
- It is unreasonable or impracticable to obtain your or the individual’s consent and the collection, use or disclosure of the Personal Information is necessary to lessen or prevent a serious threat to an individual’s life, health or safety, or a serious threat to public health or safety.
- We believe the collection, use or disclosure of the Personal Information is necessary in order for us to take appropriate action if we have reason to suspect unlawful activity or serious misconduct in relation to our functions or activities has been or is being engaged in.
- The collection, use or disclosure of the Personal Information is required or authorised by or under an Australian law or a court / tribunal order.
- The collection, use or disclosure of the Personal Information is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
- The collection, use or disclosure of the Personal Information is reasonably necessary for the purposes of a confidential alternative dispute resolution process.
- We reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for enforcement related activities by an enforcement body.
- Personal Information is information about an identified individual or an individual who is reasonably identifiable, including Sensitive Information.
- Sensitive Information is Health Information, or Personal Information of a sensitive nature, such as information about race, ethnicity, political opinion, religious beliefs or sexuality.
- we means UBER-TECH Pty Limited.
- you means the individual reading this policy, if that individual is also an individual in relation to whom we must, pursuant to the Privacy Act 1988 (Cth), abide by this policy.