Overview
Dog Cloud Pty Ltd ACN 639 377 076 (“Dog Cloud”, “we”, “us”, “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding Personal Data we collect from users of our website dogclouddev.wpengine.com and all related applications, platforms, services, products and websites (together the “Website”).
The processing of Personal Data shall always be in line with the Australian Privacy Principles contained in the Privacy Act 1998 (“Privacy Act”), the General Data Protection Regulation (“GDPR”), and in accordance with country-specific data protection regulations applicable to Dog Cloud.
We have implemented a number of technical and organisational measures to ensure the most complete protection of Personal Data (as defined below) processed through the Website.
For the purpose of the GDPR in respect of the Personal Data of the Website, the Data Controller is Dog Cloud.
User Consent
Where we rely on your consent as the lawful basis to process your data we will always ask for you to positively affirm your acceptance. By clicking “I accept the Privacy Policy” or similar, or if we indicate that by clicking a button you are accepting this Privacy Policy you acknowledge and agree to be bound by this Privacy Policy.
We note that certain contact or other data forms where consent is required to be given by you include no pre-checked checkboxes so that you are able to freely and affirmatively opt-in. In cases where we do not consider it practical to include a checkbox, we will indicate that by clicking a certain button you have agreed to the terms of this Privacy Policy. We will also provide you with notice on the Website specifically detailing what it is that you are consenting to in clear and plain language as well ensuring that each matter that requires consent is clearly distinguishable.
For all areas of the Website where consent is given it is just as easily able to be withdrawn through the appropriate account settings on the Website.
If you believe that consent has not been given freely or in breach of the terms of this Privacy Policy please contact us.
Children
Our Service is not offered to persons who cannot form legally binding contracts under Applicable Law (except where parental/guardian consent is given). We do not knowingly collect Personal Data from such visitors.
If you become aware that a child has provided us with information please contact us. Any information that is in breach of this provision will be deleted.
Types of Data We Collect
“Personal Data” means any information that allows someone to identify you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
INFORMATION YOU PROVIDE TO US
1. Account Data
You do not need to create an account to browse the website and view our products. If you wish to use the Website to purchase a product or use our application you will need to create an account with us.
We may collect Personal Data from you, such as your name, date of birth, e-mail, password and any other information you provide us on the registration/application form when you create an account with us. At registration we will clearly label which information is required and which is optional to be provided at your discretion. We may also request you provide us with additional information after registration.
The legal basis for this processing is based on:
- your consent through your voluntary submission of the form and agreeing to these terms;
- the Personal Data being necessary for the performance of a contract to which you are a party;
- for carrying out pre-contractual measures; and/or
- any other legitimate interests as detailed below.
The registration of the account and voluntary provision of Personal Data is intended to enable us to offer you services that may only be available to registered users.
2. Data from your use of the Website
We collect content that you provide while using the Website. The information we collect includes information relating to your use of our products. Certain functionality of the Website requires your Personal Data to function properly, for example in order for us to provide you and us with the ability to generate reports we need to collect the data you input into the form.
The legal basis for this processing is based on:
- your consent through your voluntary use of the Website and agreeing to these terms;
- the Personal Data being necessary for the performance of a contract to which you are a party;
- for carrying out pre-contractual measures; and/or
- any other legitimate interests as detailed below.
This Personal Data is needed to enable us to provide the Website to you and to enable it to operate and otherwise to ensure your compliance with our terms, including our warranty terms.
3. Payment Data
When you purchase a product on the Website, we (or our third party service provider) will collect all information necessary to complete the transaction, including your name, credit card information, debit card information and/or other billing information.
The Personal Data we collect will be the data that you input in any payment area on the website.
The legal basis for this processing is based on:
- your consent through your voluntary submission of the form and agreeing to these terms;
- the Personal Data being necessary for the performance of a contract to which you are a party including the payment of goods or services; and/or
- any other legitimate interests as detailed below.
This Personal Data is needed to enable us to process your payment for your purchase. We retain information on your behalf, such as domain names, URLs, time zone preferences, service invoices, transactional history, messages and any other information that you store using your account on the Website (Account).
4. Additional Data
If you provide us feedback or contact us via e-mail, or other means including by phone call or by contracting with us, we will collect your name and e-mail address, as well as any other content included in the e-mail or conversation, in order to send you a reply. We will store and process your communications and information as needed. When you participate in one of our surveys, we may collect additional profile information.
The legal basis for this processing is based on:
- either through your consent through your voluntary submission of the form and agreeing to these terms or by your voluntary submission of data to us in other means;
- the Personal Data being necessary for the performance of a contract to which you are a party;
- for carrying out pre-contractual measures; and/or
- any other legitimate interests as detailed below.
By submitting the form or making contact with us such Personal Data is transmitted on a voluntary basis and you consent to its collection.
5. Subscription Data
On the Website you may have the ability to subscribe to various newsletters. We may collect the data when you input your details for subscription purposes.
The Personal Data is processed for the purpose of informing you regularly by means of a newsletter or other offer form. The Personal Data collected during the subscription will only be used for marketing materials or for reasons made known on the form.
The legal basis for this processing is based on:
- your consent through your voluntary submission of the form and agreeing to these terms; and/or
- any other legitimate interests as detailed below.
By submitting the form and voluntarily providing us with your data, you are providing consent to the use of such data by us. For the purpose of revocation of consent there is a corresponding unsubscribe link found in each subscription email.
We may also collect Personal Data at other points on the Website that state that Personal Data is being collected. In some circumstances, Personal Data is provided to us by third parties such as our related entities, service providers or other organisations conducting activities on your behalf.
The legal basis for us processing your Personal Data includes to the extent necessary for us to comply with a law, regulation or legal request or to protect the safety of any person or to prevent fraud.
INFORMATION WE COLLECT AS YOU USE OUR SERVICES
1. Log Data
To make our Website more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
This data may be processed for the purposes of operating our Website, providing our services, improving our services, ensuring the security of our website and services, maintaining back-ups of our databases, monitoring compliance with our terms and communicating with you.
The legal basis for this processing is based on:
- the Personal Data being necessary for the performance of a contract to which you are a party;
- for carrying out pre-contractual measures; and/or
- the legitimate interests of carrying out our business, providing personalised services to you and any other legitimate interests as detailed below.
2. Google Analytics
We currently use Google Analytics as well as Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Site owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/analytics/,
http://www.google.com/privacy.html and
http://www.google.com/analytics/tos.html
You can opt-out of Google Analytics for Display Advertising by going to the Google Ads Preferences Manager.
To opt out of these remarketing pixels and technologies please visit the Network Advertising Initiative opt out page.
3. Facebook pixels
We currently use Facebook pixels for conversion tracking and custom audiences, in accordance with Facebook’s terms which can be viewed here https://www.facebook.com/customaudiences/app/tos/?ref=u2u.
To opt out of these remarketing pixels and technologies please visit the Network Advertising Initiative opt out page.
4. Third party services
If you:
- use one of the integrated third party services and login with your credentials from such third party service (“Third Party Service”); or
- associate your Account with your account at a Third Party Service, we may receive information about you from such Third Party Service, in accordance with such Third Party Service terms of use and privacy policy (“TPS Terms”). We may add this information to the information we have already collected from you via the Service. If you elect to share your information with these Third Party Services, we will share information with them in accordance with your election. The TPS Terms will apply to the information we disclose to them.
5. Submission data
To make our Website more useful to you, we may collect Personal Data about your input on the Website by extracting this information from your Account.
This data may be processed for the purposes of monitoring your use of the Website and compliance with our terms. We may then use that data in aggregate (i.e. anonymised) in order to determine metrics associated with our Website, and otherwise to improve our Website. We can also use it to assess whether any warranty or other claims made by you are valid.
The legal basis for this processing is based on the legitimate interests of carrying out our business, providing personalised services to you and any other legitimate interests as detailed below.
USE OF YOUR PERSONAL DATA
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in providing the Website in a personalised, safe and efficient manner. We collect, use, store and share your Personal Data in the following ways:
- to conduct our business;
- to facilitate the Website including:
- administer contracts including to negotiate, execute and or manage a contract with you;
- for any marketing purposes;
- to facilitate the creation of and security of your Account;
- identify you as a user in our system;
- research, develop and improve our Website;
- customise content to match your preferences;
- prevent suspended users from re-registering;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
- provide you with access to protected areas of the site and to authenticate your account;
- send you administrative e-mail notifications, such as security or support and maintenance advisories;
- respond to your inquiries and requests;
- to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
- to send newsletters, surveys, offers, and other promotional materials related to our Website and for other marketing purposes of Dog Cloud;
- detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our terms;
- enforce our terms;
- monitor compliance with our terms;
- verify information for accuracy or completeness (including by way of verification with third parties);
- comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order;
- combine or aggregate your Personal Data with information we collect from third parties and use it for the purposes set out this Privacy Policy;
- aggregate and/or make anonymous your Personal Data, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
- resolve disputes and to identify, test and resolve problems;
- notify you about the Website and updates to the Website from time to time;
- supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences; or
- protect a person’s rights, property or safety.
If you access the Website from a shared device or a device of a third party (such as in an internet café), your Personal Data may also be available to other persons who access that device.
CREATION OF ANONYMOUS DATA
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyse request and usage patterns so that we may enhance the content of our Website and improve Website navigation. Dog Cloud reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
DISCLOSURE OF YOUR PERSONAL DATA
We may disclose your Personal Data to third parties for the purposes contained in this Privacy Policy, including without limitation to:
1. Service Providers
We may share your Personal Data with our service providers to:
- develop and improve our Website;
- provide you with the Website;
- to conduct quality assurance testing;
- to facilitate creation of accounts;
- to provide technical support; and/or
- to provide other services to Dog Cloud.
The service providers (and if necessary data processors) include:
- information technology service providers such as web host providers and analytical providers;
- market research organisations to enable them to measure the effectiveness of our advertising; and
- consultants.
These third party service providers are required not to use your Personal Data other than to provide the services requested by Dog Cloud.
2. Affiliates and Acquisitions
We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose Personal Data collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
3. Third parties with your consent
We may disclose your Personal Data to third parties to whom you expressly ask to us to send the Personal Data to or to third parties you consent to us sending your Personal Data to.
4. Other disclosures
Regardless of any choices you make regarding your Personal Data (as described below), Dog Cloud may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws, regulations, enforceable governmental requests or to respond to subpoenas or warrants served on Dog Cloud; (c) to protect or defend the rights or property of Dog Cloud or users of the Website; (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or any of our other terms; (e) to protect the safety of any person or to protect the safety or integrity of our Website including for security reasons; and (f) detect, prevent or otherwise address fraud, security or technical issues.
We may share your Personal Data with such third parties subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your Personal Data only on our behalf and pursuant to our instructions.
We will take reasonable steps to ensure that anyone to whom we disclose your Personal Data respects the confidentiality of the information and abides by the APPs the GDPR or equivalent privacy laws.
We will not share, sell, rent or disclose your Personal Data in ways different from what is disclosed in this Privacy Policy.
IF WE CAN’T COLLECT YOUR DATA
If you do not provide us with the Personal Data described above, some or all of the following may happen:
- we may not be able to provide the Website to you, either to the same standard or at all;
- we may not be able to run the competitions and promotions in a way that benefits you;
- we may not be able to provide you with information about products and services that you may want; or
- we may be unable to tailor the content of our Website to your preferences and your experience of our Website may not be as enjoyable or useful.