Kinde Australia Pty Ltd (ABN 11 655 096 263) (we, us or our), understands that protecting your personal information is important.

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

In this Privacy Policy, we may refer to you as our direct customer (Customer) or you as a customer of our customer (External User).

Information about Australia’s privacy guidance can be found from the Office of the Australian Information Commissioner (OAIC).

Kinde’s UK Company Reference Number (CRN) is 13920496. Information about the UK’s privacy guidance can be found with the Information Commissioner’s Office (ICO).

This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR).

This document also details the additional rights of individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK.

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Where you are a Customer, the types of personal information we may collect about you include:

• Identity Data including your first and last name.
• Contact Data including your telephone number and email.
• Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
• Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
• Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies), and communications with our website.
• Profile Data including your username and password for the Kinde platform, purchases or orders you have made with us and support requests you have made.
• Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
• Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
• Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

Where you are an External User

• Identity Data including your first and last name.
• Contact Data including your telephone number and email.
• Financial Data including bank account and payment card details.
• Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
• Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies), and communications with our website.
• Profile Data including your username and password for the Kinde platform, purchases or orders you have made with us and support requests you have made.

We collect personal information in a variety of ways, including:

• when you interact directly with us, including face-to-face, over the phone, over email, or online
• when you complete a form, such as registering for any events or newsletters, or responding to surveys
• when you apply for a job with us
• from third parties, such as details of your use of any website we operate (from our analytics providers and marketing providers) or
• from publicly available sources, such as social media or the Australian Securities and Investment Commission (ASIC).

We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.

Personal information:

Where you are a Customer, we may disclose personal information to:

• our employees, contractors and/or related entities
• IT service providers, data storage, web-hosting and server providers
• marketing or advertising providers
• professional advisors, bankers, auditors, our insurers and insurance brokers
• payment systems operators or processors
• our existing or potential agents or business partners
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
• third parties to collect and process data, such as analytics providers and cookies
• any other third parties as required or permitted by law, such as where we receive a subpoena.

Where you are an External User, we may disclose personal information to:

• our employees, contractors and/or related entities
• IT service providers, data storage, web-hosting and server providers
• professional advisors, bankers, auditors, our insurers and insurance brokers
• payment systems operators or processors
• 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 or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.

Third-Party Analytics: We have enabled analytics advertising features and use third-party analytics, such as Plausible. You can access Plausible’s Privacy Policy here.

We and third-party vendors may use first-party cookies or other first-party identifiers, and third-party cookies or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

To opt out of interest-based ads on mobile devices, please follow the instructions for your mobile device.

While we collect and display your payment methods and, if chosen, your payment card details for payment, your details are stored in a secure PCI DSS compliant payment gateway provider. Where we provide your details to our third-party payment processors, such processors will adhere to the standards set by PCI DSS. PCI DSS requirements help ensure the secure handling of payment card details.

The payment processors we work with are:

Stripe: Their Privacy Policy can be viewed at: https://stripe.com/au/privacy

We may store personal information in Australia and overseas, including in Ireland, the United Kingdom, and the United States. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information inside and outside of Australia, including but not limited to, the United States. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

If you are a client of ours, we may keep your personal data for as long as we have a contract with you and then for a further 7 years.

We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

For more information about the cookies we use, please see our Cookie Policy below.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our online Services. They include, for example, cookies that enable you to log into secure areas of our online Services, use a shopping cart or make use of online payment services.
• Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at privacy@kinde.com.

Last updated March 22, 2024.

Kinde Australia Pty Ltd (ABN 11 655 096 263)

Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.

If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.

The countries to which we send data for the purposes listed above may be less comprehensive that is what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:

• only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information
• standard contractual clauses in our agreements with third parties that are overseas.

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.

If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out below.

For any questions or notices, please contact us at privacy@kinde.com.