Locafy Ltd (ACN 136 737 767), its affiliated businesses and subsidiaries (collectively, “Locafy”, “we”, “us” or “our”) operate the business directory service under the Hotfrog name (“Services”). Hotfrog uses the web.com technology, search algorithm, billing engine and hosting.
Under the AU Act, “Personal Information” is defined as: “Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.”
1. Personal Information we collect and how we use it
We may collect, transmit and store Personal Information about you in connection with your use of the Services, including:
• Basic user and account information, including your name, address, email address, and telephone number;
• Details of the products and services you have purchased from us together with any additional information necessary to deliver those products and services;
• Any information that you provide to us, including through the Services, from customer surveys, your online presence or other contact points with you from time to time, through Locafy representatives, via email, telephone or otherwise; and
• Any contact information provided (including Personal Information) as well as any feedback, when you provide Locafy with unsolicited feedback or otherwise interact with Locafy.
Locafy collects Personal Information in one of three main ways:
(a) Directly from Individuals, when they interact with the Services or Locafy;
(b) Passively from individuals, when they interact with the Services or Locafy; and
(c) From third parties in connection with the Services in certain circumstances.
We use that Personal Information to provide the Services’ functionality, fulfil your requests, improve the Services’ quality, engage in research and analysis relating to the Services, personalise your experience, track usage of the Services, provide feedback to third party businesses that are listed on the Services, display relevant advertising, market the Services, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Services and comply with legal obligations.
We may also use Personal Information (such as an individual’s email address or phone number) to send commercial electronic messages (“CEMs”) about Locafy services, provided that is in accordance with applicable laws, such as the Spam Act 2003 (Cth). You may opt out of receiving CEMs by using the opt-out functionality provided in each marketing communication (for example, by clicking “unsubscribe” at the bottom of an email).
Even when We do not retain such Personal Information, it still must be transmitted to our servers initially and stored long enough to process.
2. Cookies and similar technologies
We, and third parties with whom we partner, may use cookie, web beacons, tags, scripts, local shared objects such as HTML5 and Flash, advertising identifiers and similar technology (“Cookies”) in connection with your use of the Services. We use these technologies for a number of purposes, such as authentication, security, preference settings, advertising, measurement and analytics.
Cookies may contain unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you and on our web pages. Cookies may transmit Personal Information about you and your use of the Services, such as your browser types, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have interacted with, and the date and time of your use.
• Processes: Intended to make the Services work in the way you expect. For example, we may use a Cookie that tells us whether you have already signed up for an account.
• Notifications: Intended to allow or prevent notices of Personal Information or options that we think could improve your use of the Services. For example, we may use a Cookie that stops us from showing you certain notifications if you have already seen it.
• Analytics: Intended to help us understand how visitors use the Services. For example, we may use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Services. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security setting. Please note that changing any of these settings does not prevent the display of certain advertisements to you.
3. When is my data shared?
B. Service Providers: We rely on third party service providers to support or provide services for us in connection with your use of the Services, such as communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Services, quality assurance testing, payment processing, marketing and other functions. We share Personal Information from or about you with these third party providers so that they can perform their services or complete your requests.
C. Aggregate or Anonymous Information: We share Personal Information in the aggregate with third parties, such as businesses that are listed on our Services. For example, we may disclose the number of users that have been exposed to or interacted with advertisements.
E. Businesses listed on our Services: We may share Personal Information from or about you and your use of the Service with businesses listed on our Services. Additionally, if you contact a business through or in connection with your use of the Service, we may share with the business, information about your contact that the business would have received had you contacted them directly.
F. Investigations and Legal Disclosures: We may investigate and disclose Personal Information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, (b) is helpful to prevent, investigate or identify possible wrongdoing in connection with the Services; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.
G. Links: The Services may link to third party-controlled websites, like a business’ URL, however, we do not share you Personal Information with them, and are not responsible for their privacy practices.
H. Third Party Integrations: If you sign up for, or log into the Services using a third party service or link your Services account with your account with a third party service, we may receive Personal Information about you from such third party service. If you post content to a third party service through the Services, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service. Some of our web pages utilise framing techniques to serve content to you from our third party partners, while preserving the look and feel of the Services.
4. Data retention
To the extent required by applicable law, we keep the Personal Information you provide for the duration of our relationship, plus a reasonable time thereafter to comply with applicable laws.
The Services are intended for general audiences and is not directed to children. We do not knowingly collect Personal Information online from individuals under the age of 16 or such other age as may be directed by applicable law.
We use various safeguards to protect personal information against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. However, no method of transmission over the Internet or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
In the circumstances where Locafy suffers a data breach that contains Personal Information, we will take all necessary steps to comply with the Notifiable Data Breach Scheme outlined under the AU Act. This means we will immediately make an objective assessment of whether a breach of Personal Information is likely to result in serious harm to individuals, and if this is the case, endeavour to notify the affected individual(s) and the Australian Information Commissioner.
If you believe that your privacy has been breached, please contact us by sending an email to the email listed below and provide details of the incident so that we can investigate it. Locafy requests that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Locafy will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process. After Locafy has completed its enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
7. Managing your Personal Information
Subject to applicable law, you may have a number of rights regarding the processing of your Personal Information, including the right to access your Personal Information and the right to request that we correct, update or delete your Personal Information.
You have a right to access and request the correction of any of Personal Information we hold about you at any time. Any such requests should be made by directly contacting us at the details set out below. Locafy will grant access to the extent required or authorised by Applicable Laws and will take all reasonable steps to correct the relevant Personal Information where appropriate. Locafy may charge Individuals a fee to cover our administrative and other reasonable costs in providing the information to you. Locafy will not charge for simply making the request and will not charge for making any corrections to your Personal Information.
8. More information for EEA, UK and Switzerland consumersIf we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyse and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud.
Our legal basis for collecting and using the Personal Information described above will depend on the specific information concerned and the context in which we collect it. We, however, will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Services).
Whilst Locafy strives to provide all individuals with appropriate access and control over their data, individuals covered by the EU GDPR and UK GDPR are also able to:
• Prescriptively restrict, limit or otherwise provide instructions to Locafy regarding how we can use their Personal Information. This includes being able to object to how and why their Personal Information is used, for example, by the removal of their consent for particular functions. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent;
• Verbally request the erasure (i.e. deletion) of their information (subject to any legal requirements obliging us to retain data for a period of time); and
• Request Locafy provides all Personal Information held about them in a portable format, meaning in a way that is structured, commonly used and machine-readable. Individuals who exercise this right to data portability are also able to direct Locafy to transmit this data to other entities who they intend to allow to process their Personal Information.
Locafy will allow and assist Individuals that are EU or UK Residents to exercise these rights, unless we have compelling and legitimate legal grounds not to (e.g. a legal obligation under Australian legislation, or if the Personal Information has been fully anonymised).
8. Contacting Locafy
The Privacy Officer will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. Locafy will aim to ensure that your complaint is resolved in a timely and appropriate manner. Locafy will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination. If you are not satisfied with the determination you can contact us to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.
Attention: Melvin Tan
Locafy Limited (ACN 136 737 767)
246A Churchill Avenue, Subiaco WA 6008
Email: [email protected]