Privacy Policy

1.INTRODUCTION

1.1.At Pod, we’re committed to making sure you don’t have to worry about losing your pet. There are some aspects of using tracking technology which may affect your privacy, so we’ve put together a policy to define how we use information gathered from the Website and App to help you understand how this works.

1.2.Pod Trackers ANZ Pty Ltd (ABN 35 603 903 528) located at 803/6A Glen St, Milsons Point, NSW 2061, Australia (Pod Trackers, our, us, we) publishes and maintains the website at podtrackers.com (Website) and owns the web application at app.podtrackers.com and various mobile applications (collectively, the App).

1.3.This Privacy Policy forms Part 2 of the Terms of Use found on this Website. Your access to and use of the Website is subject to the Terms of Use. Accordingly, your access to and use of the Website is conditional on your approval of this Privacy Policy. You agree that your use of the Website implies your consent to the terms of this Privacy Policy. If there is any inconsistency between this Privacy Policy and the remaining provisions of the Terms of Use, the remaining provisions of the Terms of Use will prevail but only to the extent of the inconsistency.

1.4.Pod Trackers is committed to the protection of your personal information and has developed this Privacy Policy in line with the ‘Australian Privacy Principles’ as established under the Privacy Act, 1988 (Cth) (Privacy Act).

1.5.This Privacy Policy is important. It applies to the collection, storage, use and dissemination by Pod Trackers and any related body corporate or affiliate of Pod Trackers (Pod Trackers’ Group) of your personal information obtained by your use of the Website or otherwise through your use of the Pod Trackers’ products.

1.6.We may amend this Privacy Policy from time to time without notice. Your continued use of the Website or App following any such amendment will be confirmation of your acceptance of the amendments.

1.7.Before you supply any Personal Information (as defined below) to Pod Trackers’ or any member of the Pod Trackers’ Group, please review this Privacy Policy. This Privacy Policy as amended from time to time on this Website will apply to your purchase and use of Pod Trackers’ products.

1.8.Our Privacy Policy covers the following key sections:

  • 2. Collection of Personal Information
  • 3. Storage and Security of Personal Information
  • 4. Use and Disclosure of Personal Information
  • 5. Access to Personal Information
  • 6. Children’s Privacy
  • 7. Disclaimer
  • 8. Contact Us
  • 9. Consent
  • 10. Applicable law

2.COLLECTION OF PERSONAL INFORMATION

2.1.Pod Trackers collects and uses information that may personally identify you, such as your name, e-mail address, home address, location, contact telephone numbers, gender, age and a series of geo-locations and activity data (Personal Information). Pod Trackers may also collect information about the number and type of pets that you have from time to time.

2.2.Pod Trackers does not wish to collect any information about you that is considered to be “sensitive information” under the Privacy Act, including information or opinions about your political affiliations, sexual preferences, religious beliefs, racial or ethnic origin. Your consent to our collection of such information is however given when you knowingly supply such information to any member of Pod Trackers Group or should you decide to submit such information to this Website. For the purposes of this Privacy Policy any such sensitive information will be included in each reference to Personal Information unless the context indicates otherwise.

2.3.You have the right to withhold your name or to use a pseudonym in place of your real name to identify yourself when registering for the App, but you will appreciate that in some cases, such as the purchase of goods by means of a credit card, you will need to supply your real name.

2.4.Pod Trackers collects Personal Information from you when you visit the Website, use the App and when you purchase our products. We may collect your Personal Information through on-line shopping purchases, in-store purchases, entry into trade promotions and competitions, subscribing to our newsletter, signing up as a member, creating a user account, sending ‘contact us’ messages or other correspondence through the Website or by post, posting on social media, through advertising, research and direct marketing and by other means including information you supply to third party retail stores selling our products.

2.5.If you choose to engage in communication with us that may be accessible by others, such as through social media, we strongly recommend that you don’t include any Personal Information. If any communication sent by you through public channels includes Personal Information, we can’t be held liable for any breach of privacy in doing so. To help protect your privacy, our preferred method for support is via email to [email protected]

2.6.Pod Trackers may collect Personal Information about you from your use of the subscriber identity module (SIM) or SIM card used by our products to locate your pets. The SIM card stores a series of location data and activity data relating to your use and your pet’s use of the Pod Tracker product. This data is used to provide the features of the App as well as for other purposes such as research and marketing.

2.7.Your Personal Information may also be collected by the third party supplier of the SIM card and you agree that such information may be passed onto us.

2.8.Pod Trackers may collect Personal Information about you from other members of the Pod Trackers Group, distributors, retailers and other service providers when you request information about our products and services.

2.9.Your Personal Information is primarily collected to enable us to:

(a) complete your retail transactions;

(b) register and service your use of our products;

(c) improve our service to you where possible;

(d) enhance your use of the Website; and

(e) assist us to gain an understanding of your preferences and requirements in order that we can provide information, goods and services that are of interest to you.

2.10.Some of the information collected will not personally identify you but will instead track your use of the Website so that we can better understand how the Website is used by customers and in turn enhance and improve your experience in shopping on the Website and when shopping for Pod Trackers’ products in third party retail stores.

2.11.One of the means we use to track your use of the Website is by means of a ‘cookie’ stored on your computer’s hard drive by your web browser. On each visit to the Website, the Pod Trackers’ web browser will recognise the cookie and give Pod Trackers information about your visit. The cookie does not contain information that personally identifies you and Pod Trackers does not use cookies for that purpose. Pod Trackers uses cookies to learn about your preferences and the way that you use the Website, so that it can improve the Website. Most browsers accept cookies automatically, but you should also be able to alter the settings of the browser to refuse cookies. You should note that de-activating cookies may mean that you will no longer be able to enjoy the full operational capabilities of the Website.

2.12.We will only collect Personal Information that is necessary for one or more of our stated requirements or functions. We will destroy or de-identify any Personal Information that is no longer needed including any Personal Information that is unsolicited or that we inadvertently collect and that is not necessary for our stated requirements or functions.

3.STORAGE AND SECURITY OF PERSONAL INFORMATION

3.1.Pod Trackers will use its reasonable endeavours to protect and maintain the security of your Personal Information and to make the Website and App as secure as reasonably possible against unauthorised access, modification or disclosure and against interference, misuse and loss. Pod Trackers’ officers, employees, agents and contractors are expected to observe the confidentiality of your Personal Information.

3.2.Pod Trackers is unable to ensure or guarantee the security of any Personal Information transmitted to Pod Trackers and all Personal Information disclosed by you to Pod Trackers is at your own risk.

3.3.Pod Trackers will destroy any Personal Information it holds about you which it no longer requires under the terms of this Privacy Policy.

3.4.To assist Pod Trackers with protecting all Personal Information, we request that you email us at [email protected] immediately if you become aware of any unauthorised use of your Personal Information in connection with the Website. We will confirm receipt of your complaint and advise you what steps will be taken to investigate the matter and endeavour to resolve the matter.

4.USE AND DISCLOSURE OF PERSONAL INFORMATION

4.1.You consent to Pod Trackers using your Personal Information for advertising and direct marketing purposes to inform you about the Website, App, goods, services, offers or other matters which Pod Trackers believes are of interest to you.

4.2.You agree that Pod Trackers may disclose your Personal Information to any and all of the following:

(a) Any members of Pod Trackers Group;

(b) To third party contractors, business partners, distributors, suppliers and other entities (Partners).

4.3.You agree that members of Pod Trackers Group and/or the Partners or both may send you information about their products or services or may perform services such as processing credit card information, mail-outs, debt collection, marketing, research and advertising.

4.4.Members of Pod Trackers Group and the Partners may be located both in and outside Australia and in respect of those located outside of Australia including in the US, Europe and Asia, you hereby consent to the disclosure of your Personal Information to such overseas entities and you acknowledge that as a result of your consent to such disclosure, subclause 8.1 of the ‘Australian Privacy Principles’ will not apply.

4.5.If you would like to unsubscribe from receiving direct marketing communications from Pod Trackers or do not want us to share your Personal Information with any Partners, you may email us at [email protected] or follow the steps to unsubscribe which are presented in every email communication you receive from us. Pod Trackers will comply with your request within a reasonable period of receipt of such request.

5.ACCESS TO PERSONAL INFORMATION

5.1.Pod Trackers will use its reasonable endeavours to keep Personal Information current, accurate, complete and relevant.

5.2.We encourage you to correct any Personal Information that is inaccurate by amending your details on the Website. If you are unable to correct your Personal Information you may email us at [email protected] and we will use reasonable endeavours to correct your Personal Information within a reasonable period of receipt of your request. We may require you to provide particulars of your identity before providing you with access to or copies of your Personal Information. If applicable, any legal requirement on Pod Trackers to maintain certain records concerning your Personal Information or any legal right to prevent your access must prevail over any of your requests.

5.3.You may email us at [email protected] to obtain access to the Personal Information which Pod Trackers has collected about you on this Website and from third party sources. Pod Trackers reserves the right to charge a reasonable fee for granting you access to the Personal Information.

6.CHILDREN’S PRIVACY

6.1.Pod Trackers requests that for all persons under 18 years of age, a parent or legal guardian consent to that person’s use of this Website and explain this Privacy Policy to them.

6.2.All persons under the age of 18 must obtain the consent of their parent or legal guardian before using this Website or submitting any information to this Website.

6.3.If a minor has provided us with Personal Information without the consent of his or her parent or legal guardian, such information may be removed by emailing us at [email protected]

7.DISCLAIMER

7.1.We will only collect, use or disclose your Personal Information as follows:

(a) in compliance with this Privacy Policy;

(b) to comply with any applicable law;

(c) to protect the rights or property of any member of Pod Trackers’ Group; or

(d) for confidential dispute resolution processes.

7.2.You may link directly to Websites operated by Partners (Linked Websites) in the Website. Although certain Linked Websites may be co-branded with Pod Trackers’ logo or name, you acknowledge that such Websites may not be operated or controlled by Pod Trackers.

7.3.Company Linked Websites may collect your Personal Information. You acknowledge that Pod Trackers is not responsible for the privacy Policy (if any), content or practices of the Linked Websites. We encourage you to always read the applicable privacy policy of any Linked Website on exiting this Website.

8.CONTACT US

8.1.If you have any queries regarding this Privacy Policy or should you have any trouble correcting any of your Personal Information or would like to gain access to your Personal Information or should you wish to lodge a complaint in relation to our use or disclosure of your Personal Information, please email us at [email protected]

9.CONSENT

9.1.You acknowledge and agree that Pod Trackers, Pod Trackers’ Group, the Partners and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your Personal Information in the manner set out in this Privacy Policy.

9.2.The Pod Trackers’ supplier of SIM cards, Vodafone Hutchison Australia Pty Limited (ABN 76 096 304 620) (Vodafone), has requested we obtain your specific consent and you hereby provide your consent to the collection, use and disclosure of your Personal Information by Vodafone for the purposes of:

(a) assisting law enforcement agencies in relation to the enforcement of criminal and other laws;

(b) all purposes associated with the provision of services to Pod Trackers including any billing and account management for Pod Trackers;

(c) implementing Vodafone’s agreement with Pod Trackers for the supply and servicing of the SIM cards;

(d) Vodafone business planning and product development;

(e) assisting internal investigations conducted by Vodafone into suspected fraud, misuse of SIM card services or other unlawful activities;

(f) complying with all applicable laws, regulations and industry codes;

(g) sharing your Personal Information with members of the Vodafone group being:

(i) Vodafone Group Plc, Vodafone and any company in which Vodafone Group Plc owns (directly or indirectly) 15% or more of the issued share capital; and

(ii) any partner market listed on the investor relations page at www.vodafone.com; and

(h) Vodafone’s service and content providers, distributors and agents for purposes relating to providing Pod Trackers with services.

9.3.In the event of a merger, acquisition or sale of the whole or part of the business of Pod Trackers, we reserve the right to transfer your Personal Information as part of any such transaction.

10.APPLICABLE LAW

10.1.You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any Courts of Appeal from them for determining any dispute concerning this Privacy Policy. If any provision of this Privacy Policy is found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of this Privacy Policy which will continue in full force and effect.