Privacy Policy

Effective as of February 1, 2023.

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

Interpretation and Definitions

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of this Privacy Policy:

• “Account” means a unique account created for You to access our Service or parts of our Service.
• “Business“, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information.
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Qanban Pty Ltd (ACN 655 862 276) as the Data Controller.
• “Country” refers to Australia.
• “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• “Data Controller“, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Personal Data” is any information that relates to an identified or identifiable individual. Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. Furthermore, it means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• “Sale“, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
• “Service” refers to the Website.
• “Service Provider” (also referred to as “Subprocessors”), means any natural or legal person or enity who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. Service Providers are considered Data Processors.
• “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• “Website” refers to Qanban.com, accessible from https://www.qanban.com.
• “You” means the (a) individual person you, (b) the company, (c) individual user invited by you or the company, (d) Affiliate permits, (e) or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

1. We may collect or ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. We may collect personal information either directly from You, or from third parties. We may collect this information when You (a) Use our Service; (b) Communicate with Us through correspondence, chats, email, or when You share information with Us from other social applications, services or websites; and (c) Invest in Our business or enquire as to a potential purchase in Our business.
2. In addition, when You apply for a job or position with Us we may collect certain information from You (including Your name, contact details, working history and relevant records checks) from any recruitment consultant, Your previous employers and others who may be able to provide information to Us to assist in our decision on whether or not to make You an offer of employment or engage You under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of Our current and Former employees, which are exempt from the Privacy Act.
3. Personally identifiable information that We collect may include, but is not limited to:
   • Email address
   • First name and last name
   • Phone number
   • Address, State, Province, ZIP/Postal code, City
   • Usage Data
   • Details of the products and services We have provided to You or that You have enquired about, including any additional information necessary to deliver those products and services and respond to Your enquiries;
   • Any additional information relating to You that You provide to us directly through our Website or app or indirectly through Your use of our website or app or online presence or through other websites or accounts from which You permit us to collect information;
   • Information or feedback You provide to Us through customer surveys; or
   • Any other personal information that may be required in order to facilitate Your dealings with Us.

Usage Data

1. Usage Data is collected automatically when using the Service (e.g. including registration).
2. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
3. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
4. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

1. We use Cookies and similar tracking technologies such as browser cookies to store certain information to ensure Our Service to function and to track the activity on Our Service to improve and analyse Our Service. We may use both “Persistent” or “Session” Cookies. Persistent Cookies remain on Your device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

Use of Your Personal Data

1. The Company may use Personal Data for the following purposes:
   1. To provide and maintain our Service, including to monitor the usage of our Service.
   2. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
   3. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
   4. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
   5. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
   6. To manage Your requests: To attend and manage Your requests to Us.
   7. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
   8. To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
   9. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, market research, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, your experience and to consider your employment application.
2. We may share Your personal information in the following situations:
   • With our employee and related bodies corporate.
   • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
   • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
   • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
   • With business partners, professional advisers, dealers and agents: We may share Your information with Our business partners, our sponsors such as to offer You certain products, services or promotions.
   • With payment systems operators: We may share Your information to payment systems operator (eg merchants receiving card payments) to process payments.
   • With other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law. 
   • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
   • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

1. The Company will retain Your Personal Data only for as long as is necessary that is encrypted in Our data centre storage using latest and strong encryption for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
2. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3. In the absence of a need to retain your Personal Information as specified herein, We will either delete or aggregate your Personal Information or, if this is not possible then We will securely store your Personal Information and isolate it from any further Processing until deletion is possible.

Transfer of Your Personal Data

1. Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers or data centres located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
2. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
3. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Disclosure of Personal Information Outside Australia

1. We may disclose personal information outside of Australia to third party subprocessors such as infrastructure hosting service provider in location that may include, but is not limited to countries such as Singapore.
2. When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

1. The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
   1. Comply with a legal obligation
   2. Protect and defend the rights or property of the Company
   3. Prevent or investigate possible wrongdoing in connection with the Service
   4. Protect the personal safety of Users of the Service or the public
   5. Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data using latest security mechanism, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

1. We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
2. We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Children’s Privacy

1. Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.
2. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

1. Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

1. We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
2. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
3. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us by sending us an email: compliance@qanban.com. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

If you have any questions about this Privacy Policy, you can contact us by sending us an email: compliance@qanban.com.