EYEJACK PRIVACY POLICY
EYEJACK PTY LTD ABN 80 615 617 135 (“EyeJack”, “we”, “us”) is bound by the Australian Privacy Principles (“APPs”) set out in the Privacy Act 1988 (Cth) (“Act”). We are committed to complying with the Act and, to the extent applicable, the European Union (“EU”) General Data Protection Regulation (“GDPR”), if we process personal data relating to identifiable EU residents, or the California Consumer Privacy Act (“CCPA”) if personally identifiable information of California residents is processed.
This Privacy Policy governs how we deal with your personal information, including via the EyeJack Creator Platform (“our Platform”), the EyeJack Creator desktop and mobile apps (collectively “our Apps”), and our online store (“Store”) via our website, https://eyejackapp.com (“Website”).
By providing your personal information to us, you consent to the collection, use, transfer and disclosure of your information under the terms of this Privacy Policy. This Privacy Policy is to be read in conjunction with the Terms of Use.
This Privacy Policy is effective with respect to all data that we have collected since the date we started collecting data which was August, 2021.
Our Website may, from time to time, contain links to other websites. Our Privacy Policy applies only to our Website, so if you click on another Website, you should read their privacy policy.
SECTION 1 - HOW WE COLLECT AND USE YOUR INFORMATION
Personal information is collected when you knowingly and voluntarily submit it, either to us or as publicly displayed by you online.
In the course of providing our services, we collect personal information in a variety of ways. For example, information is collected when you:
· Subscribe to our Platform;
· Purchase from our Store;
· Browse our Website; and
· Download our Apps.
The kinds of personal information that we may collect, and hold includes:
· Contact details including your name, phone number, billing address, shipping address and email address;
· Your computer’s internet protocol (IP) address; and
· Your credit card and payment details.
We may use your personal information in the following ways:
· To process and fulfil your order;
· To help us learn about your browser and operating system;
· Where you have opted in, to send you emails about our Store, products, exclusive offers and other updates; and
· To deal with your enquiries and provide customer service.
We will not collect sensitive information about you (such as personal information about your health, race, political opinion etc.) without your specific consent or in the circumstances permitted by the Act.
You have a right to request your information that we store. Pursuant to California Civil Code §1798.110(c)(5), you have the right to submit to us a verified request to receive the information that we have stored in accordance with the policies and practices outlined in this Privacy Policy and the Terms of Use.
In the event that you wish to change your personally identifiable information on file with us, then you may edit your user profile directly on the Website, or you may please e-mail shop@eyejackapp.com to request such changes or assistance with such information editing. Within seven (7) days of our actual receipt of your e-mail, we will process the requested changes, and notify you if there are any errors or additional information that we require.
SECTION 2 – YOUR CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, your consent to our collecting and using your information is implied for that reason.
You are not obliged to provide your personal information, however a failure to provide your personal information could result in us being unable to provide you with our goods or services.
If we ask for your personal information for a secondary reason such as marketing, we will either obtain your explicit consent, or provide you with an opportunity to opt out. If you do not consent to us using your information for marketing purposes or unsubscribe, then there is no consequence to you other than not receiving updates regarding future promotions or activities that may interest you.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, or use or disclose your information, at any time, by contacting us at shop@eyejackapp.com or mailing us at:
EyeJack
39 Wellington Street
Sydney New South Wales AU 2008
For EU residents, you can also restrict or object to our use of your data at any time by contacting us on the details above.
SECTION 3 – DISCLOSURE
When you place an order via our Store, EyeJack will need to disclose your personal information to companies who perform parts of our service delivery. This includes delivery companies, such as postal or courier partners, third party fulfilment contractors, merchant payment gateways for debit/ credit card or PayPal payments, as well as Shopify which hosts the Store (see section 4 below). We only share information which is absolutely necessary with those third parties that are involved in the processing and delivery of your order. Under no circumstances will your information be disclosed or sold for commercial purposes.
We may also disclose your information to:
· third party service providers for the purpose of enabling them to provide their services including IT service providers, data storage, web-hosting and server providers, marketing or advertising providers and professional advisors;
· anyone to whom our business or assets (or any part of them) are, or may (in good faith) be transferred; and
· courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.
We may also use and disclose your personal information to: (1) confirm and ship your orders, if and when necessary; (2) to follow up to make sure such orders are fulfilled; (3) if, in the course of placing an order you opt to receive occasional emails from us notifying you of special offers, we will use such information to notify you of such offers; (4) if, in the course of placing an order, you opt to receive occasional emails from third parties to whom we provide your information, we will disclose such information to such third parties; (5) to protect the rights and safety of us, our shareholders, members, officers, employees and customers; (6) at our option, to notify you of any changes to this Privacy Policy or our other terms and conditions of this website (you are bound by the terms of any changes we post to our website whether or not we notify you by email); (7) at our option, to third parties as a requirement of data sales, licenses, and/or assignments; and (8) as otherwise required by law. We disclose your information to third parties only as permitted by the terms of our sale, license and/or assignment of user data, and/or reasonably required to fulfill your orders and collect sums due us (such as to shippers and credit card processors), to protect the rights and safety of us, our shareholders, members, employees and customers (such as to legal representatives and law enforcement) as you expressly permit and as required by law (such as the result of a court subpoena). We may, also, transfer your information in the event of the sale of substantially all of the
assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to the provisions of our commitments to you.
SECTION 4 - SHOPIFY
Our Store is hosted on Shopify Inc. (“Shopify”) that provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways 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 credit card information by our Store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/
privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies on their websites so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Website or are redirected to a third party website or application, you are no longer governed by this Privacy Policy or our Website’s
Terms of Service.
When you click on links on our Store, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our Store uses Google Analytics to help us learn about who visits our Website and what pages are being looked at.
SECTION 6 – SECURITY AND STORAGE
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Except if your information is required to be retained by law, we will hold your information for as long as we require it to provide services to you, or until you notify us you no longer wish to hold your account, or for EU or California residents, until you request that we erase your data.
SECTION 7 – COOKIES
Depending on how you use our Website, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Website. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the services we make available to you. However, we do not use cookies to track your browsing behaviours.
A cookie helps us to recognise you when you revisit our Website and to coordinate your access to different pages on the Website. With most internet browsers, you can erase cookies from your device hard drive, block all cookies, or receive a warning before a cookie is stored. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Website may not function properly if you elect to disable cookies.
Here is a list of cookies that we use. We’ve listed them here so that you can choose if you want to opt-out of cookies or not.
· _session_id: unique token, sessional, allows Shopify to store information about your session (referrer, landing page, etc).
· _shopify_visit: no data held, persistent for 30 minutes from the last visit, used by our Website provider’s internal stats tracker to record the number of visits
· _shopify_uniq: no data held, expires midnight (relative to the visitor) of the next day, counts the number of visits to a store by a single customer.
· Cart: unique token, persistent for 2 weeks, stores information about the contents of your cart. · _secure_session_id: unique token, sessional
· storefront_digest: unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
· PREF: persistent for a very short period, set by Google and tracks who visits the Store and from where.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
WE DO NOT TRACK OUR CUSTOMERS OVER TIME AND ACROSS THIRD-PARTY WEBSITES TO PROVIDE TARGETED ADVERTISING AND THEREFORE DOES NOT RESPOND TO DO NOT TRACK (DNT) SIGNALS. HOWEVER, SOME THIRD-PARTY SITES DO KEEP TRACK OF YOUR BROWSING ACTIVITIES WHEN THEY SERVE YOU CONTENT, WHICH ENABLES THEM TO TAILOR WHAT THEY PRESENT TO YOU. IF YOU ARE VISITING SUCH SITES, YOUR BROWSER MAY ALLOW YOU TO SET THE DNT SIGNAL ON YOUR BROWSER SO THAT THIRD PARTIES (PARTICULARLY ADVERTISERS) KNOW YOU DO NOT WANT TO BE TRACKED. PLEASE CONSULT YOUR BROWSER’S INFORMATION TO DETERMINE HOW TO ENSURE THAT SUCH WEBSITES DO NOT TRACK YOU.
THIRD PARTIES THAT HAVE CONTENT EMBEDDED ON OUR WEBSITE MAY SET COOKIES ON A USER’S BROWSER AND/OR OBTAIN INFORMATION ABOUT THE FACT THAT A WEB BROWSER VISITED OUR SPECIFIC WEBSITE FROM A CERTAIN IP ADDRESS. THIRD PARTIES CANNOT COLLECT ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION FROM OUR WEBSITES UNLESS YOU PROVIDE IT TO THEM DIRECTLY.
SECTION 9 – AGE OF CONSENT
By using our Platform, Apps or Website and providing your personal information to us, you represent that you are at least 18 years of age. If you are under 18 years of age, you must have consent from a parent or guardian to provide us with your personal information and use our Platform, Apps or Website.
SECTION 10 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website with respect to information we collect in the future, but will not be changed with respect to information that we have already collected. If we make material changes to this Privacy Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our Store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. It is and will be your responsibility to review our Privacy Policy from time to time to make sure you are aware of any changes.
SECTION 11 – OVERSEAS DISCLOSURE
While we collect your information and host it in Australia, we transfer some of it to Canada, where Shopify Inc. is located. We will only disclose as much data as this third party needs to know for a specific purpose. Entities located overseas will use the data in compliance with the APPs, GDPR and CCPA and Eyejack will take reasonable steps to ensure they comply with the APPs, GDPR and CCPA.
SECTION 12 - “OPT OUT” PREFERENCE
You may opt out of our collection of your personally identifiable information as set forth above, or our sharing, if any, of such information with third parties, by e-mailing: shop@eyejackapp.com. You may also opt out of any sale of your personal information, if any, by e-mailing shop@eyejackapp.com. However, certain information that may be required to process transactions on our websites is necessary, and opting out may impact your ability to acquire content from our websites.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
If you are a resident of California, you also have certain rights that are delineated in California Civil Code Sections 1798.100, 1798.105, 1798.110, 1798.115, and 1798.25, which, among other things, requires us to: (i) provide you a notice of disclosure (as set forth in this Privacy Policy and the Terms of Use); (ii) delete, with some exceptions, certain personal information of yours that we collect upon your verified request; (iii) disclose to you (as we have done with this Privacy Policy and the Terms of Use) the categories, sources, purposes, categories of third parties, and pieces of personal information that we have or may collect about you; (iv) that you have a right to make a verified request to receive the categories of personal information we have collected about you, the categories of personal information that we have sold about you, if any, and the categories of information that we have disclosed about you for a business purpose; and, (v) that we may not discriminate against you based on your verified request to obtain the information required to be disclosed under California law.
SECTION 13 – PRIVACY SHIELD
We are a participant in the Privacy Shield programs developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Privacy Shield principals agreed upon by the U.S. and the E.U. For more information about the Privacy Shield and to view our certification, visit the U.S. Department of Commerce's Privacy Shield website. If you would like more information about the Privacy Shield program, please visit the website at https:// www.privacytrust.com/privacyshield/principles/index.html.
SECTION 14 – EUROPEAN UNION GENERAL DATA REGULATION COMPLIANCE
We would like to make sure that you are aware of all of your data protection rights. Every user is entitled to the following:
A. Right to Access – you have the right to request copies of your personal data that we have collected from us. We may charge you a small fee for this service.
B. Right to Rectification – you have the right to request that we correct any information that you believe is inaccurate. You also have the right to request that we complete information that you believe is incomplete.
C. Right to Erasure – you have the right to request that we erase your personal data that we collect, under certain conditions.
D. Right to Restrict Processing – you have the right to request that we restrict the process of your personal data, under certain conditions.
E. Right to Object to Processing – you have the right to object to our process of your personal data that we have collected, under certain conditions.
F. Right to Data Portability – you have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make any of the foregoing requests, we have one month from our actual receipt of your request to respond to you. If you would like to exercise any of these rights, please contact us at our e-mail at shop@eyejackapp.com.
SECTION 11 - ACCESSING, CORRECTING OR UPDATING YOUR PERSONAL INFORMATION
Any requests to access, correct, amend or delete any personal information can be made via our contact details below.
If you request access to your personal information, we will provide access whenever this is required by law or we otherwise consider it appropriate. However, making a request does not guarantee that we will provide you with access. In particular, we will not provide access to information that is confidential, legally privileged or would otherwise have an unreasonable impact on the privacy of others.
For EU residents, you may also obtain a copy of your personal information on request and transfer this to another person or entity pursuant to your right of data portability, as well as request that your data be erased (right to be forgotten) to the extent that we can by law.
For California residents, you may also obtain a copy of your personal information on request including additional details regarding how your information is used, collected, share or sold in the preceding 12 months. You may also request that your data be erased, opt out of the sale of your personal data and have the right to not be discriminated against for exercising these rights.
Except if information is required to be retained under Australian law, or a court/tribunal order, we will hold your information indefinitely. For EU and UK residents, we hold your information until you request that we erase your data.
SECTION 12 - COMPLAINTS & INQUIRIES
If you have questions about our Privacy Policy, or if you believe we have breached the APPs, GDPR or CCPA, as applicable, you may register a query or complaint by contacting us by any of the following methods:
Mail: 39 Wellington St, Sydney, NSW 2008
Email: shop@eyejackapp.com
We consider all complaints consistently with the relevant legislation and as we consider most appropriate in the circumstances. We shall review your complaint and respond to any concerns promptly, usually within fourteen (14) working days. You also have the right to make a complaint to the Office of the Australian Information Commissioner (see: http://www.oaic.gov.au/privacy/privacycomplaints) or the local regulator in your jurisdiction in Europe or California, as applicable.
Last updated August 2021