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Tourboss Privacy Policy

Tour Boss Enterprises Pty Ltd ABN 23 658 733 601 (Tourboss, us, we, our) takes your privacy seriously and is committed to responsible privacy practices. 

We seek to comply with relevant laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the EU General Data Protection Regulation (GDPR), where applicable. This Privacy Policy describes how we collect, use, disclose, store, and handle your personal information.

What is personal information?

In this Privacy Policy, ‘personal information’ has the meaning set out in the Privacy Act.  In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable.

Some types of personal information are designated as ‘sensitive information’, which may be subject to additional protection under the Privacy Act and the GDPR. For example, these can include information about your health.

What types of personal information do we collect?

The types of personal information we collect about you will depend on the purpose for which the personal information is collected.  This can include:

  • in the case of subscribers and their authorised users who have purchased access to our Tourboss Platform (Tourboss Platform Subscribers) – your name, billing or postal address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information) and subscription/order details;
  • in the case of users using our Tourboss Application (App):
  • your name, billing or postal address, email address, telephone number(s), login name and password, profile picture, Tourboss user identification number, accommodation and travel information, drivers licence and other government-issued documents (which may include identification numbers as well as date of birth, gender and photo);
  • location data including the precise or approximate location information (which may be tracked in real time) from your mobile device when the App is running in the foreground (App open and on-screen) or background (App open but not on-screen);
  • information relating to your use of the App, including your driving route details (such as date and time, start and finish locations, distance travelled and speed, including speed at a particular moment, for a particular segment or segments or for a complete journey) and user status (whether a user is online or offline);
  • usage data on how users interact with our the App, including access dates and times, App features or pages viewed, browser type, App crashes and other system activity;
  • device data on how users interact with the App, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, device motion data and mobile network data; and
  • communications data regarding text or other in-App communications between users that are enabled through the App, including date and time, as well as the content of the text or in-App communications;
  • if you have requested to receive news about offers, promotions, or events – your name, email address, and telephone number(s);
  • if you have contacted us to make a complaint, provide feedback, submit an enquiry or request a call-back – your name, mailing or street address, email address, and telephone number(s);
  • in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and your bank account details and government-issued identifiers such as tax file numbers;
  • in the case of our suppliers and distributors – your name, position, mailing or street address, email address, and telephone number(s); and
  • in the case of people using our website – technical information and general analytics, such as your operating system, browser version, installed plug-ins and their versions, your time zone, and other information arising from your use of our website.

We also collect, use and share aggregated data such as statistical or demographic data, which may be derived from your personal information but is not personal information as it does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of App or the average speed of drivers using the App on a particular route.

Generally we do not collect sensitive information. However in certain circumstances we may collect limited sensitive information, for example if you suffer an injury whilst on our premises.

If you provide us with another individual’s personal information (e.g. contact details of your emergency contact), you must if practical obtain consent from that person prior to passing on their personal information, and inform them that their personal information will be provided to us and handled in accordance with this Privacy Policy.

How do we collect personal information?

We collect your personal information directly from you, including when you:

  • access or use our website, the Tourboss Platform or the App;
  • subscribe to or purchase our products or services;
  • sign up to receive news and offers, promotions, or events;
  • enter surveys, competitions or promotions or request information or material from us;
  • give us feedback;
  • make inquiries about us or our products or services or otherwise communicate with us by email, by telephone, in person, via a website or otherwise; or
  • apply to work with us or are engaged by us as a contractor or other supplier.

We may also collect personal information about you from:

  • Tourboss Platform Subscribers, for example if you are an authorised user of a Tourboss Platform Subscriber or if you are invited by a Tourboss Platform Subscriber to join an event and use the Tourboss App;
  • tour hosts who may invite you to join an event and use the Tourboss App (Tour Hosts);
  • your organisation, if you work for a service provider engaged by us; and
  • other third parties (including government agencies), such as providers of identity or document identification services.

We may combine or link personal information we hold about you with other personal information about you from third party sources.

We also use the following technologies to collect technical information and general analytics:

  • cookies, which are data files that are placed on your device and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org;
  • log files, which track actions occurring on our website; and
  • web beacons, tags, and pixels, which are electronic files used to record information about how you browse our website.

By using our website, you are consenting to the use of these technologies in accordance with this Privacy Policy.

Can you choose not to disclose your personal information?

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any personal information.  Alternatively, you can also notify us that you wish to deal with us using a pseudonym. 

However, if we are not able to collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require.  For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

If you want, you can disable your web browser from accepting cookies and other technologies used to collect technical information and general analytics.  If you do so, you can still access our website, but it may impact your user experience.

How do we use your personal information?

In general, we use your personal information for purposes connected with our business.

Some of the specific purposes for which we use your personal information are as follows:

  • to provide goods or services to you;
  • to receive goods or services from you or your organisation;
  • to enable the proper operation and functionality of our products and services (including providing your information to Tourboss Platform Subscribers and Tour Hosts as set out in this Privacy Policy);
  • to enhance our products and services;
  • to perform data analysis to improve and personalise your experience on our App;
  • to administer and protect our business, content, websites and App including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data and monitoring for unauthorised use;
  • to verify your identity or documentation (for example, if you request access to the personal information we hold about you or to confirm your driver’s licence is valid);
  • to consider you for a job at Tourboss (whether as an employee or contractor) or other relationships with us;
  • to communicate with you and to address any issues or complaints that we or you may have regarding our relationship;
  • for direct marketing purposes (see the “Direct marketing communications” section below); and
  • to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

We may also use or disclose your personal information for our administrative, planning, product or service development, quality control, survey and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law.

Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our website, and to improve our website, our App and our products and services.

We will only use personal information about you if we have a lawful basis to do so, for example:

  • where you have given us your consent;
  • where processing of your personal information is necessary for the performance of a contract with you;
  • to meet our legal obligations; or
  • to pursue our legitimate business interests.

We may use or disclose your personal information:

  • for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
  • for other purposes to which you have consented; and
  • as otherwise authorised or required by law.

To whom do we disclose personal information?

We may disclose your personal information to third parties in connection with the purposes described above (see the “How do we use your personal information?” section).

This may include disclosing your personal information to the following types of third parties:

  • Tourboss Platform Subscribers and Tour Hosts;
  • our related companies;
  • any potential third party acquirer of our business or assets, and advisors to that third party;
  • our professional advisers (such as lawyers, accountants or auditors) and insurers;
  • our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, telecommunications providers and IT support services providers;
  • organisations authorised by us to conduct promotional, research or marketing activities;
  • third parties to whom you have authorised us to disclose your information (e.g. referees); and
  • any other person as required or permitted by law.

If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

Direct marketing communications

We will only send you direct marketing communications (either through mail, SMS or email), including news and offers, promotions, or events, where you have consented to do so or we are otherwise permitted by law to do so.

You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.

Does personal information leave Australia?

We store personal information in servers located in Australia. Your personal information will not be disclosed to recipients outside Australia unless:

  • you expressly request us to do so;
  • the relevant Tourboss Platform Subscriber or Tour Host is located outside Australia; or
  • required or permitted by law.

Except where an exception Applies under the Privacy Act or other relevant legislation, we will take commercially reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach the Australian Privacy Principles in relation to such personal information.

How do we protect your personal information?

We implement reasonable measures to protect and safeguard your personal information from misuse, loss, theft and unauthorised access, modification or disclosure. 

We maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

However, as the internet is inherently insecure, we cannot guarantee the security of transmission of personal information disclosed to us online (including via the App).  Accordingly, you are encouraged to exercise care in sending personal information via the internet.  Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

To the maximum extent permitted by applicable law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of any personal information.  However nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth), or any liability which cannot be excluded due to the operation of applicable laws.

How long do we keep your personal information?

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security.

When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

How can you access and correct your personal information?

You may seek access to personal information we hold about you by contacting us.  We will provide access to that information in accordance with the applicable legal requirements, subject to certain exemptions which may apply.  We may require that the person requesting access provide suitable identification and where permitted by law we may charge a fee for giving access to your personal information.

If you are able to access your personal information via the Tourboss Platform or via the App, we request that you ensure this information is kept accurate, complete, relevant and up-to-date.  Otherwise if you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us.

How you can complain about a privacy issue

You may make a privacy complaint in relation to personal information we hold about you by contacting us as described in the “How to contact us” section below. 

If you make a privacy complaint, our Privacy Officer or another suitable staff member will investigate the matter and attempt to resolve it as soon as reasonably possible (usually within 30 days of receipt of the complaint).

If you consider your concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements you can contact:

Individuals located in the EU

If you are located in the European Union, you may have the following additional rights:

  • The right to request erasure of personal information we hold about you, for example if the personal information is no longer necessary to provide services to you.
  • The right to require us to stop using all or some of your personal information (for example, if we no longer have a legal right to keep using it) or to restrict our use of your personal information (for example, if you consider that the personal information we hold about you is inaccurate or if it is unlawfully held).
  • The right to data portability. In some circumstances you have the right to be provided with a copy of the personal information we hold about you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You may withdraw your consent at any time where we relied on your consent to process your personal information.

We may ask you to provide suitable identification when you seek to exercise any of these rights.

Local exemptions and inconsistency with law

Where local laws allow for an exemption to compliance with certain legal obligations (for example, the employee records exemption in Australia), we may rely on such an exemption.

This Privacy Policy will not apply to the extent that it is inconsistent with any applicable law.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time.  Amendments to this Privacy Policy will be posted on our website.  Your continued dealings with us, for example use of our website, products or services, will signify your agreement to this Privacy Policy as amended.

How to contact us

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact us using the details provided below:

 

Tour Boss Enterprises Pty Ltd

Attention: Privacy Officer

169 Domain Rd, South Yarra, 3141, Victoria, Australia

info@tourboss.app

Last updated: 7 February 2023