Privacy
Amarcord Corporation Pty Ltd (“The Company”, “we”, “us”) operates the Amarcord application (“App”) and related website (“Website”) in order to enable individuals who download the App to use photographs with or without added text or voice comments to compose the history of their life and, if they so wish, share it with others.
This Privacy Policy applies to all Personal Information collected by The Company in the operation of the Website and App.
The Company remains committed to the privacy of everyone visiting or interacting with the Website or the App.
The Company continues to abide by the Australian Privacy Principles (“APPs”) under the Privacy Act 1988 (Commonwealth) (“Privacy Act”) and all other applicable laws.
PART A: ACCESSING THE WEBSITE AND APP
This Privacy Policy only applies to the Personal Information collected by The Company in the operation of The Company’s Website and App.
The purpose of this Privacy Policy is to outline:
- the kind of information that The Company may collect about you, how it is collected and how it is held by The Company;
- the purposes for which The Company collects, holds, uses and discloses Personal Information;
- how The Company may disclose that Personal Information;
- how an individual can access the Personal Information held about him or her and seek correction of such information (if required);
- when The Company may use an individual’s information to contact them; and
- the protection of an individual’s Personal Information including the processes in the event of a suspected Data Breach (see part D below).
PART B: WHAT IS PERSONAL INFORMATION?
Personal Information
Personal Information is defined in the Privacy Act ‘any information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.’
Personal Information may include:
- an individual’s name and/or address;
- an individual’s email address;
- an individual’s date of birth;
- an individual’s contact details; or
- information about an individual’s opinions, likes and dislikes.
Sensitive Information
Some Personal Information is also considered by the Act to be ‘Sensitive Information’. Sensitive information is considered particularly delicate and is generally afforded a higher level of privacy protection.
Sensitive Information may include information about an individual’s:
- racial or ethnic origin;
- political opinions;
- religious beliefs or affiliations;
- health or medical information;
- membership of a political association, professional or trade association or trade union;
- criminal record;
- sexual orientation or practices; and
- genetic information.
The Company does not collect any Sensitive Information.
PART C: THE COMPANY’s COLLECTION AND USE OF PERSONAL INFORMATION
The Company holds and uses Personal Information about its customers. Typically, this information includes a person's name, email address, mobile number, date of birth, post code or any other required information.
Why The Company collects Personal Information
The information collected by The Company is required to maintain The Company’s records in a format that identifies the person. These records are held by The Company for the purposes of enabling The Company to carry out its functions and activities.
Personal Information that The Company collects
The Company will not collect Personal Information unless collection of such information is reasonably necessary to enable The Company to carry out one or more of its functions and/or activities.
This Privacy Policy applies to all Personal Information collected by The Company, whether or not The Company has directly requested that information. Personal Information will be collected from the individual unless it is unreasonable or impracticable to do so.
How The Company collects Personal Information
The Company may collect Personal Information from an individual in the course of an individual’s visit to the App where that individual inputs Personal Information for the purpose of enabling the App to perform its functions.
Examples of the Personal Information that The Company collects
When an individual downloads the App, The Company may collect the device type, the name of the wireless carrier and the ID of the device of the individual and associate this with the individual Personal Information.
To use the App, an individual must register using your Apple, Google or Facebook ID. When the individual does this, The Company uses, but does not collect, personal information that the individual has provided to Apple, Google or Facebook. The Company uses this information to verify the identity of the individual but does not store it.
Through the App, The Company asks for the name and mobile phone number of the individual and uses this information to verify the individual’s identity. The Company uses the mobile number of the individual to enable the individual to share the App with other people if the individual so wishes.
The Company asks for the individual’s date of birth to customise the header of the screen of the App, which helps the individual to more easily locate a specific time ribbon. The individual may choose not to provide the date of birth, in which case the App will not be able to customise the header of the screen.
The photos, as well as any comments that the individual adds to the photos, either with text or voice, are the most important thing we store and they are private by default.
Photos added to the App show the date when the photo was taken or the date when the photo was added to the App. This information is important for the functionality of the App and cannot be deactivated.
The App is set up to show the location of a photo below the date of the photo. This feature can be activated or deactivated by deactivating location services on the mobile device. Note, however, that the location may be apparent from the photos.
Users of the App should be aware when sharing content as part of the functionality of the App that other users may be able to see that content and therefore should be thoughtful about what they publish.
The Company may also collect additional information at other times, including but not limited to when you:
- provide feedback
- change your content or email preference
- provide credit card information for payment of services we may offer through the Website or the App, or
- communicate with our customer support.
Cookies
Please note that comments posted on the Website or the App that are subsequently published on the Website or App may be accessible by the public. Your comments may contain the name of the user and be displayed in search results on external search engines.
Please note that The Company will place, use and read cookies and action tags from any electronic device, including but not limited to phones, computers and tablets, of individuals that access the Website and record information about those electronic devices. This enables The Company to ascertain when a person uses the Website or App and helps to customise an individual’s Website or App experience.
If an individual does not wish to receive cookies, it is that individual’s responsibility to set his or her browser to provide that the electronic device does not accept the cookies.
Third party websites
The Website may from time to time have links to other websites not owned or controlled by The Company. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The Company is not responsible for the privacy practices of other such websites.
PART D: STORAGE AND SECURITY OF PERSONAL INFORMATION
The Company has commercially reasonable processes in place to ensure the security of an individual’s Personal Information, to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
If The Company no longer requires any information for any purpose for which the information may be used or disclosed in accordance with this Privacy Policy, The Company will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
Notifiable Data Breach Scheme (NDBS)
While The Company will use its best endeavours to ensure the security of your Personal Information, in the event that there is a data breach, The Company will address this in accordance with the NDBS which forms part of the Act.
Under the NDBS, an Eligible Data Breach is deemed to have occurred when:
- there is unauthorised access to, unauthorised disclosure of, or loss of any Personal Information held by The Company; and
- the access, disclosure or loss of such Personal Information is likely to result in serious harm to any of the individuals to whom the information relates.
If The Company becomes aware of an Eligible Data Breach or that there are reasonable grounds to suspect that there may have been an Eligible Date Breach:
- we will immediately take all reasonable steps to contain and protect the Personal Information from any further unauthorised access, disclosure or loss;
- we will then conduct an assessment of the circumstances to determine if there was an Eligible Data Breach and identify the breach;
- If the unauthorised data breach would be likely to cause you serious harm, we will notify you and any relevant authority (e.g. the Australian Information Commissioner) as soon as possible; and
- If necessary, we will also provide you with the steps that you should take in response to the breach.
PART E: USE AND DISCLOSURE OF PERSONAL INFORMATION
The Company may use or disclose Personal Information for the purpose for which it was collected that Personal Information and for other purposes permitted by the Act, including where:
- the individual has consented;
- the information is provided only to The Company’s existing or business partners or joint venture entities;
- use or disclosure is authorised or required by law or a court/tribunal order;
- The Company reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, as defined in the Act.
The Company may also disclose Personal Information to third parties for the following purposes:
- to provide the service you wish to use;
- for research purposes;
- to customise and promote services and events which may be of interest to you;
- if authorised or required by law;
- with your consent; and/or
- as otherwise required to enable The Company to fulfill the functions and activities as outlined in Part C.
When Personal Information is disclosed to third parties, appropriate care is taken to ensure the information is protected from misuse.
Direct marketing
The Company does not disclose Personal Information to third parties for the purposes of direct marketing services.
Disclosure
The Company may disclose Personal Information to any third party engaged as service and content providers assisting in the operation of the Website or App.
The Company will only disclose Personal Information to an unrelated third party with the individual’s consent.
PART F: ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
A person can access his or her own Personal Information by contacting the Privacy Officer (See Part G below). The Privacy Officer will respond within a reasonable period after the request is made. In order to access your Personal Information, you will be required to provide proof of identity. In some circumstances, a small fee may apply.
The Company will endeavour to take reasonable steps to ensure that the Personal Information it holds is accurate, up to date and complete. However, if the Personal Information held by The Company about an individual is inaccurate, incomplete or not up to date, that individual may request The Company correct the Personal Information.
In certain circumstances, The Company is entitled to deny a person access to information, in part or full. These include, amongst others, circumstances where:
- The Company believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
- giving access would have an unreasonable impact on the privacy of other individuals;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between The Company and the individual, and would not be accessible by the process of discovery in those proceedings;
- giving access would reveal evaluative information generated within The Company in connection with a commercially sensitive decision-making process;
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of an enforcement body;
- giving access would be unlawful (for example, if providing the information would amount to a breach of legal professional privilege or a breach of confidence); or
- denying access is required or authorised by or under an Australian law or a court/tribunal order.
If any request for access to information is denied in part or full or not provided in the manner requested by an individual, The Company will give the individual a written notice, setting out the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so.
PART G: HOW TO CONTACT US ABOUT PRIVACY
Further information
If you have any concerns about our Privacy Policy or the way in which we handle your Personal Information, you can contact our Privacy Officer at info@amarcordapp.com
Complaints
If you are concerned about the privacy of your Personal Information or suspect that your Personal Information may be misused, please contact the Privacy Officer. We ask that you make any complaints in writing and via the privacy Officer’s email address.
We will endeavour to respond and resolve any complaint as soon as practicable. If you are dissatisfied with the response, you may also lodge a complaint with The Office of the Australian Information Commissioner (OAIC). Details on how to lodge a complaint with OAIC are set out on the OAIC’s website.
For further information in relation to ‘Access to Personal Information and Correction’ please refer to Part F above.
PART H: POLICY MODIFICATIONS
Please note that The Company may change this Privacy Policy from time to time. If/when changes are made to this Privacy Policy, The Company will post any changes on the Website, so be sure to check back periodically.
However, please be assured that if the Privacy Policy changes in the future, The Company will not use Personal Information submitted to The Company under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without the individual’s prior consent.
Any changes to this Privacy Policy will become effective upon publication on the Website.
