Document Version: 2.1
Effective Date: 10 November 2018
- The privacy of your Personal Information is important to Liven Pty Ltd ACN 161 315 519 (Liven). We respect your rights to privacy and rights under the Privacy Act and are committed to complying with the requirements of the Privacy Legislation in the collection and handling of your Personal Information.
- This policy explains how we collect, retain, process, share, transfer and handle your Personal Information and describes the kinds of Personal Information we collect, use, disclose and our purposes for doing so.
- We use some defined terms in this policy. You can find the meaning of each defined term at the end of this policy.
- Generally, Personal Information is information which may be used to reasonably identify you. For example, your name, address, date of birth, gender, email address, telephone number is generally considered to be Personal Information. Personal Information may also include information we collect about your individual preferences.
- This policy applies to your Personal Information when you use our Website and our App, participate in our ICO and interact generally with us but does not apply to Third Party Sites. We are not responsible for the privacy policies or content of Third Party Sites.
- For the avoidance of doubt, unless stated otherwise, this policy will govern our collection of your Personal Information irrespective of the forum.
- This policy may be updated from time to time and the most up to date version will be published on our Website. We encourage you to check our Website periodically to ensure that you are aware of our current policy.
Why we collect Personal Information
- When you visit our Website or use our App, we collect Personal Information so that we can provide you with products and services and improve and customise your experience with us. Corporate and taxation laws may require us to collect personal information when you participate in the ICO. We only collect Personal Information if it is reasonably necessary for us to carry out our functions and activities.
- The purposes for which we collect and hold your Personal Information include:
- to deliver our products and services to you;
- where you participate in our ICO, to assess your application, service your needs as a token holder, provide services you request, send communications to you in your capacity as a token holder and administer the ICO and the issued tokens;
- to confirm your identity and process your transactions through our App;
- to enable Merchants with whom you have made a purchase or NPO to whom you wish to donate LVN Token through our App to contact you where necessary concerning their services, for example, a Merchant providing you with an update on the status of your purchase or an NPO updating you regarding their activities;
- in connection with your attendance or participation in functions, events or activities conducted by us or our Merchants or NPOs;
- to manage our relationship with you, evaluate our business performance and build our customer database;
- to provide you with information about our products, services, functions, events or activities, including location specific offers where you elect to share your location with us on your device;
- to enable you to participate in any bounty promotion, competition, survey and/or enable you to subscribe to mailing lists/newsletters and interact or follow our social media pages, including but not limited to, Twitter, Telegram, Facebook and Instagram;
- to respond to your requests and seek your feedback;
- to conduct research, compare information for accuracy and verification purposes, compile or analyse statistics relevant to the operations of our business;
- to facilitate our internal business operations, including fulfilment of any legal and regulatory requirements and monitoring, analysing and improving the performance and functionality of our Website and App and investigating breaches of or enforcement of any legal terms applicable to our Website or the App;
- to protect our property, the Website, App or our legal rights including to create backups of our business records;
- to manage risk and protect our Website and App from fraud by verifying your identity and helping to detect and prevent fraudulent use of our Website and App;
- for the direct marketing purposes as set out below; and
- to manage our business, including analysing data collected from our Website and App concerning visits and activities of users on our Website and App. This analysis helps us run our Website and App more efficiently and improve and personalise your experience online. We use information from third party services such as Google Analytics to help further improve your experience in using our Website or App.
What Personal Information do we collect?
- The kinds of Personal Information we collect will depend on the type of interaction you have with us. Generally, the kinds of Personal Information we collect may include:
- your name, address (postal and residential), email address, telephone number(s), date of birth and gender when you register with us and download our App or if you participate in our ICO;
- your preferences for our or our Merchants’ products or services or NPOs that you provide to us when you use our Website or App;
- information from third party sources such as our Merchants and NPOs, data providers and credit organisations, where permitted by law;
- details of the device you have used to access any part of our Website or App, including carrier/operating system, connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers which information may be collected and used by us automatically if you use our Website or the App, through the browser on your device or otherwise;
- demographic information;
- location data;
- details as to whether you have taken up any of our or our Merchants’ offers;
- your connections with others whose personal information we may collect or hold;
- Personal Information regarding your friends and contacts if you participate in Liven’s Refer & Earn program or otherwise connect your contact list information on your device with your account or establish an account connection between a social media platform and your account;
- credit card, debit card, PayPal, AliPay, WeChat Pay or any other online payment methods or gateways and direct debit details for your bank account in order to process the transactions on the App;
- your digital asset wallet address, if requested during our ICO; and
- transaction details relating to your use of our products, services or rewards.
- Your telephone calls to us may also be recorded for training and quality assurance purposes.
- Records of transactions made in respect of LVN Token issued under the ICO or subsequently earned by you will be recorded on the distributed public ledger, and will be accessible by Liven and other third parties. For example, if you withdraw tokens from the App to a third party wallet or a cold storage/paper wallet, a record of that transaction and any subsequent transactions you make using that wallet may be visible to third parties inspecting the public blockchain records. These records do not contain your Personal Information, but may contain information such as your coded wallet address, the amount of LVN Tokens transferred and the date of the transaction.
With whom do we share Personal Information?
- We may disclose Personal Information collected from you:
- to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected (as outlined in clause 2.2 of this policy) or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
- if you participate in our ICO, to printers and other companies for the purposes of preparation and distribution of statements and for handling mail and to legal and accounting firms, auditors, consultants and other advisers for the purpose of administering the tokens and advising on the tokens issued under the ICO and associated actions;
- to other parties to transactions when you use the App to make a purchase or donation (such as our Merchants, participating NPOs and your credit card provider). , You may opt-out from sharing your details with a particular organisation using the App or by sending an email to email@example.com specifying the name(s) of the Merchants or NPOs that you do not wish to have access to your personal information. For information regarding opting out of direct marketing using your personal information see clause 8;
- to third parties, including those in the food, drink, leisure, marketing and advertising sectors, to use your information in order to let you know about goods and services which may be of interest to you in accordance with the SPAM Act 2003 (Cth) and the Privacy Act;
- to third parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and the services we provide to you;
- when your authorised representative, such as an accountant or lawyer, contact us in connection with our ICO;
- if the disclosure is required by a law, or legal process, requested by a government agency or other third parties pursuant to a subpoena, court or other legal process with which we are required to comply;
- to any other person, with your consent (express or implied); and
- to facilitate the sale of our all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers.
- In addition to the above recipients, we will disclose your Personal Information if we are required to do so under law or if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland.
- We may also disclose your Personal Information if you choose to participate in online or “app” based service offerings whereby your Personal Information may be disclosed to and stored in software which is operated by a third party intermediary as part of your dealings with us. Personal Information disclosed in this manner may be transmitted offshore, including to the United States of America. When you provide your personal information to us, you consent to the disclosure of your personal information outside of Australia and acknowledge that other countries may have different data protection rules to Australia and that we are not required to ensure that the overseas recipients deal with that personal information in compliance with Privacy Legislation. We will, however, take reasonable steps to ensure any overseas recipient to which we provide your Personal Information deals with such information in a manner consistent with the APPs.
- In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose Personal Information to the buyer and their advisers without your consent subject to compliance with the Privacy Legislation. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the ‘transfer’ of Personal Information.
- We will not sell, trade or rent your Personal Information to any third parties for marketing purposes without your consent.
How we collect and store data and transmit Personal Information
- We usually collect and store information in paper, physical and electronic form provided by you in person or when you communicate with us by telephone, email, web-based form, letter, facsimile or other means, including when:
- you contact us over the phone;
- we provide you with our services via telephone, email, our Website or our App;
- we provide you with assistance or support for our products or services;
- you participate in our functions, events or activities or on our social media pages;
- you request that we provide you with information concerning our products or services;
- you upload or submit information to access a rewards program or to submit a review; or
- you complete any forms requesting information from you, including on registration with us, complete any survey or provide feedback to us concerning our products or services.
- Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
- Please note that we use our own and third party computer servers including our Website hosts, data backups and payment gateway(s), which may be located overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland and your Personal Information will likely be stored and transmitted overseas as part of the normal operation of our business.
- We also collect information from your computer or mobile device automatically when you browse our Website or use our App. This information may include:
- the date and time of your visit;
- your domain;
- operating system;
- the server your computer or mobile is using to access our Website or App;
- your browser and version number;
- search terms you have entered to find our Website or access our Website or App;
- pages and links you have accessed both on our Website and on other websites;
- the last website you visited;
- the pages of our Website that you access;
- the device you use to access our App; and
- your IP Address.
- While we do not use some of this information to identify personally, we may record certain information about your use of our Website and the App such as which pages you visit and the time and date of your visit.
- It may be possible for us to identify you from information collected automatically from your visit(s) to our Website or App. If you have registered an account with us, we will able to identify you through your user name and password when you log into our Website or our App. Further, if you access our Website via links in an email we have sent you, we will be able to identify you.
- The device you use to access our Website and App may collect information about you including your location using longitude and latitude co-ordinates obtained through GPS, Wi-Fi or cell site tri-angulation. For information about your ability to restrict the collection and use of such information, please use the settings available on your device.
- We may use statistical analytics software tools such as Google Analytics and software known as cookies which transmit data to third party servers located overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland. To our knowledge, Google Analytics does not identify individual users or associate your IP Address with any other data held by Google.
How we protect your Personal Information
- We will endeavour to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, including:
- securing our physical premises and digital storage media;
- placing password protection and access control over our information technology systems and databases to limit access and protect electronic information from unauthorised interference, access, modification and disclosure; and
- taking regular back-ups of our electronic systems.
- Notwithstanding that we will take all reasonable steps to keep your Personal Information secure, data transmission over the internet is never guaranteed to be completely secure. We do not warrant the security of any information you transmit to us or from any online services.
How we use Personal Information for communicating with you and direct marketing
- We may communicate with you by phone, email or SMS, and if you use our App, via push notification, to inform you about existing and new products and services that may be of interest to you.
- We will ensure that any e-mail that you are sent by us as direct marketing complies with the SPAM Act 2003 (Cth) and contain an ‘unsubscribe’ option so that you can remove yourself from any further marketing communications. To opt-out of communications via SMS, reply with “STOP”. You may decline marketing messages sent by push notifications by refusing the relevant permission to our app in your phone or tablet settings, however this setting will prevent you from receiving other messages from us via push notification. You may also opt-out of receiving marketing materials from us using the contact details set out below.
- You can also call or write to us to request that your details be removed from our direct marketing list. We will endeavour to remove your details from our direct marketing list within a reasonable time (ordinarily 5 working days).
- Our direct marketing list may be operated by software and servers located overseas and your Personal Information may be sent overseas as part of our marketing.
- We will also send communications that are required or necessary to send to users of our Website and App that contain information about important changes or developments to or the operation of the Website or App or as well as other communications you request from us. You may not opt out of receiving these communications but you may be able to adjust the media and format through which you receive these notices.
Not identifying yourself
- It is impracticable to deal with you on an anonymous basis or using a pseudonym.
- We may be able to provide you with limited information in the absence of your identifying yourself but generally we will be unable to provide you with services unless you have identified yourself.
- If you apply to participate in the ICO and do not supply the required personal information, your application may not be able to processed efficiently or accepted at all.
How to access or correct your Personal Information or make an enquiry or complaint
- If you have any queries in relation to this policy, you wish to access or correct the Personal Information we hold about you, or make a complaint, please contact us in writing at:
Email: firstname.lastname@example.org; or
Mail: Privacy Officer
Liven Pty Ltd
182 Stawell Street, Richmond, VIC 3121, Australia
- We aim to acknowledge receipt of all privacy complaints from you within 5 working days and resolve all complaints within 30 working days. Where we cannot resolve a complaint within that period, we will notify you of the reason for the delay as well as advising the time by which we expect to resolve the complaint.
- In order to disclose information to you in response to a request for access we may require you to provide us with certain information to verify your identity. There are exceptions under the Privacy Legislation which may affect your right to access your Personal Information – these exceptions include where (amongst other things):
- access would pose a serious threat to the life, health or safety of any individual;
- access would have an unreasonable impact on the privacy of others;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between you and us and the information would not otherwise be accessible by the process of discovery;
- giving access would reveal the intentions of the entity in relation to negotiations with you;
- giving access would be unlawful;
- denying access is required or authorised by or under an Australia law or a court/tribunal;
- the information relates to commercial sensitive decision making process; or
- giving access would prejudice enforcement related action.
- We may (depending on the request) charge you a fee to access the Personal Information. We will inform you of any fees payable in respect of accessing your Personal Information prior to actioning your request. All requests for Personal Information will be handled in a reasonable period of time (within 30 days after the request is made).
- If you wish to have your Personal Information deleted, please contact us using the details above and we will take reasonable steps to delete the information (unless we are obliged to keep it for legal or auditing purposes).
- In the event that you believe that there has been a breach of the Privacy Legislation, we invite you to contact us as soon as possible.
- If you are not satisfied with our handling of a complaint or the outcome of a complaint you may make an application to the Office of the Australian Information Commissioner or the Privacy Commissioner in your State or Territory.
Definitions used in this policy
- App means the application operated by us.
- Australian Privacy Principles or APPs means the principles set out in Schedule 1 to the Privacy Act.
- ICO means our offer of LVN Tokens to be made available via the blockchain software system to be built by us.
- IP Address means a number automatically assigned to your computer which is required when you are using the internet and which may be able to be used to identify you.
- LVN or LVN Tokens means the cryptographic reward tokens known by the ticker LVN or the name LVN Tokens or Liven Coins or such other name as we may determine generated pursuant to the ICO.
- Merchant means a merchant listed on our App or on our Website that accepts payments made via the App.
- NPO means a not-for-profit organisation or a community group that is listed on our App or our Website as a beneficiary of donations made by the users via the App.
- Personal Information has the meaning set out in the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
- Privacy Legislation means such laws as may place requirements on the handling of Personal Information under the Privacy Act and the Australian Privacy Principles.
- Third Party Sites means online websites or services that we do not own or control, including websites of our Merchants and affiliated NPOs.
- Website means https://www.liven.com.au, https://www.livenpay.io and/or any other website as we may operate from time to time.
- we, our, us and similar terms means Liven Pty Ltd ACN 161 315 519 and our related entities.
- you, your and similar terms means, as the context requires (1) you, when you use our Website or App; and/or (2) you, during your dealings with us as a customer; and/or (3) any agent providing your Personal information to us; and/or (4) any agent dealing with us on your behalf.