SONDER AUSTRALIA PTY LTD (ACN 613 605 360)
What kinds of information are collected and stored by Sonder?
We collect “personal information”, being information that can be used to personally identify you. In general, we will only collect personal information such as your name, email address, phone number and information about the enquiries you make with us when you contact us using the “Contact Us” web form available on our Site.
We also collect non-identifying information when you use our Site, such as “Log Data” (including, a record of your IP address, the date and time of your visit to the Site, the pages accessed and documents downloaded, and the referring web page) and “Cookies” (as explained below). This information does not usually contain personal information which can identify you.
Sonder maintains a strict position with respect to collecting personal information from children under the age of 18. If you are under the age of 18 and wish to provide personal information to us, you must obtain your parent’s or guardian’s consent before providing us with that information. Sonder reserves the right to delete your information, if appropriate.
Why Sonder collects, holds, uses and discloses personal information
We collect, store, use and disclose your personal information for various purposes relating to our business, including but not limited to the following purposes:
managing your subscription to any alerts or mailing lists;
sending you information about new updates and developments regarding our products and services that you have ordered or enquired about or that we believe may be of interest to you;
assisting in any marketing, advertising and promotions relating to any of our products and services;
sharing your information with specific third parties such as third party service providers to enable them to provide services to us;
providing such information to authorised third parties for research and marketing purposes;
for security purposes; and
to comply with any other obligations that we may have under the law or otherwise.
Will Your Personal Information Be Given To Anyone Else?
If you interact with us via any form of public posting on the Site, then you acknowledge that you are disclosing information publicly to anyone else capable of accessing the Site and you are responsible for that content or information. You should be aware that others may use, tag and re-publish your content or information in that context, including us.
A “cookie” is a small data file that many websites use in browsers to maintain user sessions from time to time. We use web logs and cookies to generate statistics and other anonymous data to assist us to gain a better understanding of visitor preferences to our Site. Most Internet browsers automatically accept cookies; you can instruct your browser (via the options section) to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit, however, doing so may mean you will not be able to use all or parts of our Site.
How you can contact us about your personal information
If you have and questions or concerns about how we collect, store, use or disclose the information we collect through the Site please contact us at firstname.lastname@example.org.
If you would like any further information about your rights to privacy, please contact or visit the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au.
SONDER AUSTRALIA PTY LTD (ACN 613 605 360)
Current as at 11 November 2016
What Personal Information Does Sonder Collect?
“Personal Information” is any information that can be used to personally identify you. The types of personal information Sonder collect depends on your dealings with us. We primarily collect and store information when you provide it to us voluntarily – this may be in the form of directly supplying the information to us when prompted to do so as part of registering for or using our Services, or indirectly supplying the personal information through the use of any features on our Website of the App. We may collect personal information from you when you (or a parent or guardian on your behalf):
- establish an account with us;
- use our Service;
- undertake any monetary transactions with us in relation to our Services;
- join or participate in any features or functions available via our Services;
- use, access or browse the App (including through technological tools including “Log Data” and “Cookies” which collect certain information, as explained below);
- provide feedback in relation to the Service;
- post any user content to the App (user content includes comments, images, videos and audio-visual files); and/or
- provide it to us as part of your dealings with us.
The personal information that we collect may generally include:
- contact details, including name, address, location, phone number, profile information, age, gender, occupation, title, email address, usernames and other contact information;
- contact details for emergency contacts and/or next of kin;
- “status updates” including information provided to us by you in relation to your real-time geographic location and personal safety;
- billing information, including bank account and credit card details;
- a record of your IP address;
- the date and time of your visits to the Site;
- details of the Services you have used and additional information necessary to deliver our Services to you; and/or
- any additional information relating to you where you are identifiable that you provide to us directly in communications with us, including through feedback or surveys.
In all other cases where information we collect cannot reasonably be used to identify you or allow a holder of such information to contact you directly, that information will not be personal information (“Non-Identifying Information”).
A type of Non-Identifying Information that we may collect and store is statistical, analytical and other usage information and data derived from your use of our Services (usage data includes, for example, the date and time of your visits to the Site, geographical location, the features or functions of our Services that you use, information or data sent to us via ‘cookies’ sent to us via your Internet browser, and aggregated quantitative information about active users and user activities).
In order to provide location-based services through the App, Sonder may also collect, use and share precise location data, that is, the real-time geographic location of your smartphone or other portable device, derived from your use of our Services. Where available, our location-based services may use GPS, Bluetooth, your IP Address, crowd-sourced Wi-Fi hotspots, mobile networks and other technologies to determine your device’s approximate location.
Why Sonder Collects, Holds, Uses and Discloses Personal Information
We need to collect personal information so that we can provide our Services, and conduct our business, including but not limited to the following:
- to provide you with our Services and provide any support to you;
- to communicate with you including by email, text, mail or telephone;
- to verify your identity;
- to allow us to complete any payment and billing transactions;
- to operate any features or functions of the Services;
- to maintain the integrity and security of our Services;
- for research, analysis and profiling;
- to market, promote and advertise our business and our Services to you;
- to market, promote and advertise the goods and/or services of our associates and affiliates to you that we believe you may be interested in;
- to assist our internal administration and daily operations;
- to allow us to better understand your use of our products and Services;
- to improve, upgrade, repair, maintain or monitor our Services;
- to investigate or deal with any disputes or complaints with you in connection with our Services, including a breach of our Terms of Service; and/or
- to comply with any other obligations that we may have under the law or otherwise.
We may combine your personal information with Non-Identifying Information and aggregate it with any other information to attempt to provide you with a better experience of our Services, to improve the quality and value of the Services and to analyse and understand how the Services are used.
Collection of Personal Information from Members under the age of 18
Sonder maintains a strict position with respect to collecting personal information from Members under the age of 18. If you are under the age of 18 and wish to provide personal information to us, you must obtain your parent’s or guardian’s consent before providing us with that information (please be prepared to provide us with documentation evidencing your parent’s or guardian’s consent as Sonder may from time to time ask for such documentation). If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us immediately. Sonder reserves the right to delete your information, if appropriate.
Will Your Personal Information Be Given To Anyone Else?
When you use our Services, we may need to disclose personal information to third parties who require such information and/or who are the intended recipients of such information based on our understanding through your use of our Services. For example, we may disclose personal information to third parties for the following purposes:
(a) We may disclose your information to a third party who is assisting us with any of the matters referred to above where we have set out why we collect, hold, use and disclose personal information, such as the processing of any payment or billing any transactions and/or recovering any payments due to us.
(b) We may engage third parties to facilitate the provision of the Services, to perform related services (e.g. maintenance services, database management, web analytics, improvement of a service feature and marketing of our business) or to assist us in analysing how our Services are used. These third parties may have access to your information to perform these tasks. We will ordinarily require third parties not to use or disclose any personal information that we disclose to them for any purpose other than to provide or perform the relevant services for us.
(c) We may disclose your information to third parties for the purposes of assisting us with marketing, promoting and advertising our business and Services to you.
(d) We may disclose your information to our related entities which perform certain aspects of the Service or which perform other services that may be of interest to you.
(e) We may disclose your information to our business associates or affiliates for the purposes of marketing, promoting and advertising their business, goods and/or services to you (in such cases those third parties will be responsible for complying with all applicable laws in relation to such marketing, promotional and advertising activities).
(f) We may disclose your information to an appropriate third party where we believe that the disclosure of such information is reasonably necessary for your health and/or safety, such as the ‘emergency or critical situations’ described below, including in situations where we have not been able to obtain your consent to make such a disclosure.
(g) We may disclose your information to an appropriate third party, without being required to obtain your consent, if such disclosure is reasonably required to enable us to provide the Service.
(h) We may disclose your information if this is required by law, to assist with any law enforcement activities of a government entity or agency, to take professional legal, financial or taxation advice, to deal with any disputes with you in connection with our Services or to deal with (including to pursue or defendant against) any legal claims.
What information can Sonder give to Someone Else in Certain Situations?
Sonder will not disclose your personal information to your listed emergency contact, next of kin or appropriate third parties except in the following circumstances:
(a) if you are under the age of 18 and your listed emergency contact or next of kin sends us a request to review your personal information; and/or
(b) in an emergency or critical situation, where we believe that the disclosure of such information is reasonably necessary for your health and/or safety.
An “emergency or critical situation” includes (but is not limited to):
- if you are missing, injured, seriously ill or otherwise incapacitated;
- if your personal property is subject to significant damage;
- arrest or detention by police or other law enforcement agencies, or being charged with a criminal offence;
- if you are involved in a vehicular accident;
- interaction with police and other emergency services (for example, if you are the victim of a crime); and
- any other situations that we determine, at our absolute discretion, where you will be subjected to harm or injury (or an appreciable risk of harm or injury).
Further, the Service may contain features that are designed to provide up-to-date information to the emergency contacts and/or the next of kin of certain Members (such as those under the age of 18 years old) for the purposes of promoting safety, security and communication. Sonder (and the Service) may provide such information about you to your emergency contact and/or next of kin, where appropriate (for example, the App may provide status updates to your emergency contact).
What Happens If We Cannot Collect Your Personal Information?
If you do not provide us with certain personal information, some or all of the following may occur:
- We may not be able to provide you with some or all aspects of the Service (for example, if you do not establish an Account with us, you will not be able to use and access our Services);
- We may not be able to provide you with information about Services that you may want, including information regarding any complaints you may have regarding the Service; and/or
- We may be unable to tailor the content of our Services to your preferences and your experience of our Services may not be as enjoyable or useful.
You also need to be aware of the following matters:
2. Cookies. Like many websites, we use “cookies” to collect a variety of website usage information and data. A cookie is a small data file that is transferred to your computer’s hard disk. There are session cookies and persistent cookies – we may use both so we can better understand how you interact with our Services and to monitor web traffic routing with the aim of improving or monitoring our Services. Most Internet browsers automatically accept cookies, however you can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit, however, doing so may mean you will not be able to use all or parts of our Services.
3. Changing or Deleting Your Personal Information. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, you may review, update, correct or delete the personal information via the App (or by contacting us if you are unable to do this via the App). Members who hold a valid and subsisting Account will generally be able to access and update their details via their Account. We request that you keep your information as current as possible so that we may continue to improve our Services provided to you. If you partially or completely delete your personal information, then any Account that you may hold with us may become deactivated and you may lose the ability to use and access our Services. We may retain an archived copy of your records as required by law or for legitimate business purposes.
4. Access to Your Personal Information. You may send us a request (to contact us, see “Contact Us” section below) to access the personal information about you that we have collected; you may also send us a request to correct any personal information about you that we have collected. If you seek access to your personal information from us, we will ask you to verify your identity and we may charge a fee for providing you with your personal information, in which case we will inform you of the fee in advance of providing the information. There may be instances where we cannot grant you access to the personal information we hold. We may refuse to give you access to your personal information to the extent that:
(a) we reasonably 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; or
(b) giving access would have an unreasonable impact on the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or
(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(f) giving access would result in a breach of confidentiality; or
(g) giving access would be unlawful; or
(h) denying access is required or authorised by or under a law or a court/tribunal order; or
(i) both of the following apply:
(i) we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; and
(ii) giving access would likely prejudice the taking of appropriate action in relation to the matter; or
(j) giving access would likely prejudice one or more law enforcement activities of a government entity; or
(k) giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.
5. Personal Information of a Third Party. If you provide us with personal information relating to another person, such as your emergency contact or next of kin, you should ensure that you have obtained the prior consent of that person before providing their information to us. As that information may be disclosed to a third party as part of the normal processes of using our Services, we are entitled to assume that you have explained to the person how we may use their information.
6. Log Data. When you use our Services, we may automatically record information regarding your use of our Services (‘Log Data’). This Log Data may include information such as the device through which you are using our Services, the features of our Services which you used, the pages or menus of our Service that you visit and the time spent, information you search for on our Service, access times and dates, and any other statistics (commonly referred to as ‘meta-data’). We use this information to monitor and analyse use of our Services and its technical administration, to increase our Service’s functionality and usability, and to better tailor our Services to our users’ needs.
7. Links. Our Services may contain links to other third party websites and their services. If you choose to visit another website or online service by clicking on a link on our Services, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorisation or representation of our affiliation with the operator of that website or online service, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services. We encourage you to read the privacy policies and terms and conditions of use on those websites or online services that you visit before providing any information or using such websites or services.
Please note that the personal information that you provide to us will be transferred to, and processed in Australia, where laws regarding the processing of personal information may be different than those in your country. By using our Services, you hereby consent to this transfer and processing of your personal information, and it is your responsibility to ensure that you are familiar with how Australian law treats personal information.
Security of Information
We will take reasonable steps to ensure the protection and security of your personal information from misuse and loss, and from unauthorised access (including by means of firewalls, password access, secure servers and encryption of credit card transactions), modifications or disclosure. We will adopt reasonable safeguards to preserve the integrity and security of personal information collected to prevent misuse or loss, including by encrypting of your personal information with high-grade commercial encryption technology. However, we cannot ensure or warrant the absolute security of any such information you provide to us or guarantee that information may not be accessed, disclosed, altered, or destroyed by unauthorised persons. We do not warrant that our Services will be without error or interruption, or will be free from unauthorised or fraudulent third party access as a result of the nature of Internet transmissions. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately (see “Contact Us” section below).
Complaints about Your Personal Information
If you are concerned about how we collect, hold, store, use or disclose your personal information, you may make enquiries or submit a formal complaint to us (see “Contact Us” section below). We will use reasonable endeavours to address your enquiry or complaint and will endeavour to respond to you within 21 days of receipt of your initial enquiry or complaint (to the extent that we feel your complaint is complex or that we require further time to provide a substantive response, we will send you a notice to that effect).
You must provide all reasonable assistance to us to allow us to address your enquiry or complaint, including providing us with all appropriate and relevant information and feedback on request.
If you feel your enquiry or complaint has not been adequately addressed by us, you may contact the Office of the Australian Information Commissioner. However, we would advise you to notify us beforehand of why you feel we have not adequately addressed your enquiry or complaint and allow us an opportunity to respond to you. If you would like any further information about your rights to privacy, please contact or visit the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au.