1. Introduction
(a) Our website (www.cycleguide.com.au) (Site), mobile application (CycleGuide App) and the Services made available through the CycleGuide App and Site are created, owned and controlled by Melva Enterprises Pty Ltd (ACN 667 083 070) (Melva, our, us or we).
(b) Melva is committed to ensuring your Personal Information is protected. Melva manages your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Australia Privacy Act) and the Information Privacy Principles set out in the Privacy Act 2020 (NZ) (NZ Privacy Act) which applies in New Zealand (collectively, Privacy Laws).
(c) By accessing and using the Site, CycleGuide App and Services you agree to this Privacy Policy.
(d) This Privacy Policy outlines how and when Melva collect, store, process, share, use, disclose, retrieve, alter and destroy your personal information (as defined in the Privacy Laws) (collectively, Personal Information) and how you may make a privacy complaint.
(e) For the purpose of this Privacy Policy, Services has the meaning in the CycleGuide App User Terms and Conditions.
2. The information Melva collect about you
2.1. Personal Information
(a) Melva collects and uses Personal Information and Non-Personal Information from visitors and customers to our Site, users of the CycleGuide App and Services, and any other individual who interacts with us.
(b) Melva will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, make the CycleGuide App and Site available to you and deliver our Services to you, or as otherwise permitted by law.
(c) The type of Personal Information and non-Personal Information that Melva collects and uses depends on the type of dealings that you have with Melva and includes the following:
contact details and account registration information (for example, full name or username, email address and password);
marketing data and information relating to your dealings, or enquiries you have made, with us, including information about: (i) the Services you have used; and (ii) the third party products and services you have used or enquired about;
device information which is automatically collected from you when you visit and navigate through the CycleGuide App and Site and use the Services. Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the CycleGuide App, Site or Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the CycleGuide App, Sites and other usage statistics; and
other information that you provide to us or that we may collect in the course of our relationship with you.
2.2 Sensitive Information
(a) Melva do not collect your Sensitive Information (such as information relating to your health, medication taken and scheduled medication, IVF cycles, medical conditions, previous medical test results, medical investigations and treatments and medical appointments) as such Personal Information is stored on your local mobile device, and we do not have access to it.
(b) If at any time you accidentally provide us with Sensitive Information, please contact us using the contact details set out in section 12 below.
3. How Melva collects Personal Information
3.1. Direct collection from you
(a) We will collect Personal Information and non-Personal Information about you in a number of different ways. We may collect Personal Information and non-Personal Information directly from you or in the course of our dealings with you. For example, when you:
setup and create a profile on the CycleGuide App (including when you edit or update your profile on the CycleGuide App or reset your password) and when access and use the CycleGuide App and Services;
visit, access and use our Site;
contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey;
when you otherwise interact or communicate with us, such as by telephone, email or in person;
from publicly available sources of information; or
when otherwise legally authorised or required to do so.
(b) When we collect personal information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
3.2. Collection from third parties
(a) We may also collect Personal Information about you from publicly available sources and third parties, including:
when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third party contractors);
if you use our social media sites or applications or other third party products and services that interact with, or connect with, the CycleGuide App and Site.
if third party payment processors are used by us to process payments made by you.
(b) When Melva collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.
(c) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
inform them that you are providing their Personal Information to us; and
advise them that they can contact us for further information.
(d) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.
(e) If requested by us, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
4. How Melva uses your Personal Information
4.1. Purposes of use and disclosure
(a) Melva only use, process and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, Melva use, process and disclose your Personal Information to:
provide you with access to, and use of, the CycleGuide App, the Services or Site;
manage, operate, maintain, test, develop, improve and upgrade the CycleGuide App, systems, the Services, Site or other products and services offered by us from time to time; and
notify you of opportunities we think you might be interested in, including new product or service offerings, information about the CycleGuide App, Site, Services, offers, competitions, promotions, events and surveys;
customise the advertising and content on our CycleGuide App and Site;
verify your identity;
conduct fraud, risk reduction and creditworthiness checks;
perform research and analysis about the CycleGuide App, Site and Services and for data analytics purposes, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we ensure Personal Information is made anonymous by removing data that can identify you;
charge and bill when you use the CycleGuide App and Services;
for direct marketing purposes (see section 6 below);
comply with regulatory or other legal requirements,
for any purpose to which you have consented; and
for any other purpose notified to you at the time of collection.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to third parties
(a) With your consent, we may provide your Personal Information and Non-Personal Information to the following recipients:
our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering the Services (including customer support services and setup services), the CycleGuide App, our Site, our promotions, deals and competitions;
third party service providers who process or use your Personal Information and Non-Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, such as cloud-based accounting software platform, marketing and analysis organisations, financial and credit card institutions to process payments, hosting companies, web and app developers, e-marketing platforms (eg Mail Chimp), internet service providers, customer service providers, customer support specialists, fulfilment companies and research and data analysis firms, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees); and
external business advisors, such as auditors, lawyers, insurers and financiers, (collectively, Authorised Affiliates).
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
(d) Melva may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
4.3. Third party payment processors
Melva uses third party payment processors to process payments made to us. In connection with the processing of such payments, Melva do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to Melva’s third party processors, Apple Pay, whose use of your Personal Information (including payment information) is governed by their privacy policy, which may be viewed at www.apple.com/au/legal/privacy/data/en/apple-pay/
4.4. Overseas disclosure
(a) In the course of providing you with access to, and use of, the CycleGuide App, Site and Services, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to:
our third party payment processors located in the United States and elsewhere outside of Australia and New Zealand; and
our website and app developers (including website and app testers) located in Australia, the Philippines and Malaysia.
(b) Where Melva disclose your Personal Information to our overseas Authorised Affiliates, we take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer includes adequate safeguards. Melva will only disclose your Personal Information to overseas Authorised Affiliates where:
we believe on reasonable grounds that your Personal Information will be subjected to, overall, comparable safeguards to those provided by the Privacy Laws; or
the disclosure is otherwise permitted by the Privacy Laws.
(c) By accessing or using the CycleGuide App, Services and/or Site, or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates.
(d) If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details set out in section 11 below. However, if you do not provide your Personal Information to us or our Authorised Affiliates, we may not be able to provide you with access to, and use of, the CycleGuide App, the Services or Site.
4.5. Disclaimer
(a) Melva will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
we are otherwise required by the relevant Privacy Laws;
we are permitted to under this Privacy Policy; or
such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the CycleGuide App and/or Site.
(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Melva will investigate and notify you and:
(a) (Australia) the Australian Information Commissioner as soon as practicable, in accordance with the notifiable data breach scheme contained in Part IIIC of the Australia Privacy Act; or
(b) (New Zealand only) the Privacy Commissioner. We will endeavour to do so within 72 hours, or otherwise as soon as practicable, in accordance with the notifiable privacy breach scheme contained in Part 6 of the New Zealand Privacy Act.
6. Marketing communications
6.1. Direct marketing
(a) Melva may use and disclose your Personal Information to send you information about the CycleGuide App, our Site and/or Services and any other products or services we may offer from time to time, as well as other information that may be of interest to you.
(b) These communications may continue, even after you stop using the CycleGuide App, our Site and the Services.
6.2. Communication channels
(a) Melva may send this information to you via the communication channels specified at the time you provide your consent.
(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices or advertising on the CycleGuide App and Site.
6.3. Opting-out
You can opt out of receiving these communications by:
(a) contacting us using the details set out in section 11 below; or
(b) using the unsubscribe function in the email or SMS.
7. Storage and security
7.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information. Some of the safeguards that we use include data encryption, SSL (Secure Socket Layer) and information access authorisation controls.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:
protect and maintain the security of your Personal Information and Non-Personal Information; and
comply with the Privacy Laws when accessing and using your Personal Information.
7.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the CycleGuide App or Site.
(b) You provide your Personal Information and Non-Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.
7.3. Destruction of Personal Information
We will destroy or de-identify Personal Information where it is no longer required, unless we are required or authorised by law to retain the information. However, Melva may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
8. Accessing and correcting your Personal Information
(a) Melva shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.
(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. Melva may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(d) We will endeavour to respond to your request for access or correction within 30 days from your request.
9. Cookies policy
(a) Melva and its Authorised Affiliates may collect information by automated means when you access and use the CycleGuide App or Site by utilising features and technologies of your internet browser, including cookies and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we and our Authorised Affiliates collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using and browser and login authentication status.
(c) We may use cookies and similar technologies to:
enable us to identify you as a return user, make it easier for you to login to the CycleGuide App and personalise and enhance your experience and use of the CycleGuide App or Site; and
help us improve our Service to you when you access the CycleGuide App or Site and to ensure that the CycleGuide App and Site remain easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the CycleGuide App or Site but may only have limited functionality of the CycleGuide App or Site.
(f) We may also use your IP address to analyse trends, administer the CycleGuide App, our Site and other websites we operate, track traffic patterns and gather demographic information.
10. Privacy complaints
(a) If you have any issues about this Privacy Policy or the way Melva handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
will be treated seriously;
will be dealt with promptly;
will be dealt with in a confidential manner; and
will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer will endeavour to:
respond to you within 15 business days; and
investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner (Australia) or Office of the Privacy Commissioner (New Zealand).
11. How to contact us
Melva can be contacted by email at contact@cycleguide.com.au.
12. Changes to this Privacy Policy
(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the CycleGuide App and/or our Site.
(b) We encourage you to check the CycleGuide App and/or our Site from time to time to ensure you are familiar with our latest Privacy Policy.