Privacy Policy

Zap Privacy Policy

This document declares the undertakings by Zap Technology in relation to its handling of your personal information.

Data Collection

Zap Technology undertakes to collect your personal information by means that are:

fair
legal; and
transparent.

If you visit Zap Technology's web-site, your web-browser automatically discloses, and Zap Technology's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as www.zaptechnology.com). This data may or may not be sufficient to identify you.

If you disclose personal data to Zap Technology in conjunction with an identifier such as your name or your credit-card details, Zap Technology will collect your personal information. Moreover, any data that becomes available to Zap Technology through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become your personal information.

Subject to the qualifications immediately below, Zap Technology undertakes to collect your personal information from you and not from other parties. This undertaking is qualified as follows:

where Zap Technology reasonably considers that the protection of its financial interests requires that it gather your personal information from other sources, or from additional sources. This applies in particular where Zap Technology has a lending exposure to you, and seeks information about your creditworthiness;
where Zap Technology reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering your personal information from other sources. This applies in particular to consumer profile data.

Where Zap Technology collects your personal information from sources other than you, it undertakes:

to do so only by legal means;
to declare to you what sources it uses, and under what circumstances.

Zap Technology undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

Data Security

Zap Technology undertakes to store your personal information in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Zap Technology undertakes to store your personal information only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.

Zap Technology undertakes to transmit your personal information in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Zap Technology undertakes to implement appropriate measures to ensure security of your personal information against inappropriate behaviour by Zap Technology's staff-members and contractors. These include:

training for staff in relation to privacy;
access control, to limit access to your personal information to those staff and contractors who have legitimate reasons to access it;
particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
clear communication of policies and sanctions; and processes to audit, to investigate and to impose sanctions.

Data Use

Use refers to the application of your personal information by any part of Zap Technology, or any staff-member or contractor of Zap Technology in the course of their work.

Zap Technology undertakes to use your personal information only for:

the purposes for which it was collected;
such other purposes as are subsequently agreed between Zap Technology and You;
such additional purposes as may be required by law. In these circumstances, Zap Technology will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law;
such additional purposes as are authorised by law (in particular to protect Zap Technology's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Zap Technology or have committed a breach of the criminal law).;
marketing, sales, service and support purposes; and
improving the quality of our web site and services. Comments or materials sent to us, including feedback data, such as suggestions, questions, comments, and any other responses are deemed to be non-confidential. We have no obligation with respect to such responses, and Zap Technology Pty Ltd shall be free to use, distribute, reproduce, and publicly display such comments and materials without reference to you personally. Zap Technology Pty Ltd is also free to use any ideas, concepts, know-how or techniques contained in such responses for any purpose whatsoever to better your overall experience.

Zap Technology undertakes to use your personal information only if it has demonstrable relevance to the particular use to which it is being put.

Zap Technology undertakes to use your personal information in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Data Disclosure

Disclosure refers to making your personal information available to any party other than Zap Technology and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Zap Technology undertakes to disclose your personal information only under the following circumstances:

in the course of business being conducted between You and Zap Technology, where disclosure is necessary to a contractor, such as a transport company. Where your personal information is disclosed in this way, Zap Technology undertakes to exercise control over Zap Technology's contractors to ensure that their actions are compliant with these Terms;
in other circumstances that are directly implied by the purpose agreed between You and Zap Technology at the time of data collection or subsequently. Where your personal information is disclosed in this way, Zap Technology undertakes to exercise control over Zap Technology's contractors to ensure that their actions are compliant with these Terms;
with your consent, or at your request;
where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Zap Technology will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Zap Technology believes on reasonable grounds that the disclosure of your personal information will materially assist in the protection of the life of health of some person), provided that Zap Technology will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Zap Technology undertakes to disclose only such of your personal information as is necessary in the particular circumstances.

Data Retention and Destruction

Subject to the qualifications immediately below, Zap Technology undertakes:

to retain your personal information only as long as is consistent with its purpose; and
to destroy your personal information when its purpose has expired, and to do so in such a manner that your personal information is not subsequently capable of being recovered.

This undertaking is qualified as follows:

your personal information may be retained in Zap Technology's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, your personal information will be destroyed in accordance with those cycles;
your personal information may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Zap Technology:
- will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
- will only retain your personal information while that provision is current, and will then destroy your personal information;
your personal information may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Zap Technology's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Zap Technology or have committed a breach of the criminal law). In these circumstances, Zap Technology will only retain your personal information while that situation is current, and will then destroy your personal information.

Access by You to Your Personal Data

Zap Technology undertakes to provide you with access to your personal information, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Zap Technology undertakes to enable access:

conveniently;
without unreasonable delay; and
without cost.

Zap Technology undertakes to establish and operate identity authentication protections for access to your personal information that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Zap Technology (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of your personal information, Zap Technology undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.

You undertake:

not to seek access for frivolous purposes, or unreasonably frequently;
to accept that deletion of some data may not be consistent with the provision of particular services by Zap Technology to you.

Information about Data-Handling Practices

Zap Technology undertakes to make information available to you about the manner in which Zap Technology handles your data:

in general terms, in a readily accessible manner; and
in more specific terms, on request.

Where your personal information is disclosed to a contractor, Zap Technology undertakes to make information available to you on request about the manner in which Zap Technology's contractors handle your data.

Zap Technology undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

not to seek such information for frivolous purposes, or unreasonably frequently; and
to accept that the disclosure of excessive detail may harm the security of your personal information and Zap Technology's business processes, and may harm Zap Technology's commercial interests.

Handling of Enquiries, General Concerns and Complaints

If you have enquiries, general concerns, or complaints about these Terms, or about Zap Technology's behaviour in relation to these Terms, you undertake:

to communicate them in the first instance:
- to Zap Technology only;
- in sufficient detail;
- through a channel made available by Zap Technology for that purpose.

Zap Technology undertakes:

to provide one or more channels for communications to Zap Technology, which are convenient to users;
to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Zap Technology's reference-code for the communication;
to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue Zap Technology through any Regulator or the media:

until and unless Zap Technology has had a reasonable opportunity to respond to the initial communication; and
while Zap Technology and you remain are conducting a meaningful dialogue about the matter.

Enforcement

Zap Technology declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Zap Technology, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Zap Technology is domiciled or performed the relevant acts.

Changes to These Privacy Undertakings

Zap Technology undertakes:

not to materially change these Terms in a manner that reduces the protections for your personal information;
to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to your personal information in a manner that reduces the protections for your personal information;
where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.

Definitions

Zap Technology means Zap Technology Pty Ltd, ABN # 90 093 757 745; Zap Holdings Pty Ltd. ABN: 81 113 845 613; Zap Software Pte Ltd.

Your Personal Information means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name, customer number, phone number, email address, postal address and MAC address. In particular, it encompasses all data that Zap Technology is capable of correlating with you, using such means as server-logs and cookie-contents.

Your personal information does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Consent means your concurrence with an action to be taken by Zap Technology. Consent may be express or implicit, but in either case must be informed and freely-given.

How to contact us

If you have any queries or complaints in regard to our collection, use or management of your personal information, please contact us at:

Privacy Officer
Zap Technology
Unit 4
30 Florence Street
Teneriffe QLD 4005

Ph: +61 7 3211 8450
Fax: +61 7 3211 8451
Email: privacy@zaptechnology.com

Opt-Out

Zap Technology provides users who no longer wish to receive our promotional material or newsletters the opportunity to opt-out of receiving these communications. To opt-out, users can use the link provided with all communication to automatically unsubscribe, or they can send an email to privacy@zaptechnology.com. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

Web-Site Privacy Policy Template: http://www.anu.edu.au/people/Roger.Clarke/DV/PST.html