Privacy Policy



We take the protection of your personal information seriously.

Please read this privacy policy carefully before using the Spota mobile application (the "Application") and/or the Spota website (the "Website"). This Privacy Policy forms part of the Spota Terms Of Use, and is incorporated into that document by reference. Your use of the Application and/or the Website (jointly and severally the "Services") constitutes your acceptance of this Privacy Policy (the "Privacy Policy").

If you ("you", "your or "User") do not agree to the terms of this Privacy Policy, you should immediately cease using the Services. Spota reserves the right to amend this Privacy Policy at any time. Notice of any amendments will be displayed on the Website. You should familiarise yourself with this Privacy Policy and check for updates regularly.

Spota Pty Ltd("we", "our", "Spota" or "us") adheres to the Privacy Act 1998 (Cth), which includes the amendments made by the Privacy Amendment Act 2000 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012, governing the collection, use, handling and disclosure of Personal Information. This Privacy Policy is written in accordance with, and conforms to, the Australian Privacy Principles.

PLEASE READ CAREFULLY

This Privacy Policy governs how we collect and use your personal information obtained through your use of the Website and the Services, and your interactions with Spota. For the purpose of this Privacy Policy, "Personal Information" includes any information or opinion, whether true or false, about a person who is identified or whose identify can reasonably be established. Personal Information is not limited to information committed to a material form.

Types of Personal Information we collect may include, without limitation, your name, age, date of birth, email address, photographs, audio and video content, Facebook profile data,transactional data obtained via third-party payment services,geographical information obtained from your device transmissions, and other user-generated content uploaded to and/or stored on our servers. We may also collect non-personal statistical information, such as analytics and cookies data, IP addresses and the specifications and settings of your devices (such as your preferred language) used to access the Services.

1. Consent

By continuing to use the Services, you hereby consent to our collection, use and disclosure of your Personal Information for the purposes specified in this Privacy Policy.

2. Collection of Information:

We solicit and collect Personal Information where reasonably necessary for the proper function of our Website and/or our Application. We collect Personal Information from you:

  1. When you register a User Account for our Services;
  2. When the Application is downloaded to your device;
  3. When the Application is accessed on your device;
  4. When you supply content to the Services, including photos, profile data and user preferences;
  5. When you communicate via the Services, including between Users and any customer service inquiries;
  6. Via the use of unique User 'cookies', trackers, mobile device IDs or pixel tags;
  7. When details of your transactions are provided to us by third-party payment services;

Additionally, we may collect information that has not been directly solicited from you, and is reasonably necessary for the proper function of our Services. Where such unsolicited information falls outside this reasonable necessity, we endeavour to destroy and/or de-identify the information as soon as practicable.

3. Anonymity & Pseudonymity:

While you are permitted to use our Services anonymously or pseudonymously, you may only do so insofar as it is practical for the proper function of the Services. Spota encourages use of your authentic identity on the Services where it is safe to do so.
4. Use and Disclosure:

Any Personal Information collected of the type described above may be used or disclosed by us for the following purposes:

  1. In the course of the regular operation of the Website and/or the Application;
  2. To other Users in accordance with clause 5 below;
  3. To respond to feedback and complaints;
  4. For the development of new services or products;
  5. To better understand User trends and usage patterns;
  6. To improve your overall user experience of our Services;
  7. To verify your eligibility for the Services;
  8. To enforce orexercise any rights pursuant to our Terms of Use;
  9. To investigate any User complaints against you or in relation to your use of the Services; and
  10. For direct marketing purposes (see paragraph 6 below for more information)

In addition to the abovementioned purposes, your Personal Information may be used or disclosed for any of the Permitted General Situations outlined in s. 16A of the Privacy Act 1988 (Cth) or international equivalents, including but not limited to use or disclosure for evidentiary purposes in establishing or defending a legal or equitable claim, serious threats to public health or safety, or assistance in locating missing persons. We may be compelled by operation of law to disclose any information relating to you, including your identity and contact details.

Spota may engage third-party advertisers and networks to display advertising on the Services. These companies may use tracking technologies such as cookies or pixel tags to collect information about User interactions. We may share and licence non-personal statistical data (such dates, duration and times of use of the Services)to third party advertising or analytics entities. We may share aggregated personal and non-personal information with such entities in non-human readable form. We will not share or licence any such information that identifies you personally, and endeavour to aggregate this data in such a way as will de-identify individual Users.

5. Other Users and Your Personal Information

We may share your Personal Information appearing on your public profile with other Users of the Services in order to operate the Services and to facilitate social engagement between Users. When you register as a User, your public profile will be shared with other Users to facilitate communications on and off the Services. Other Users will be able to view your information provided to us, either directly or linked via Facebook. When other Users view your user profile, they may be able to see:

  1. Your first name;
  2. Your current Facebook profile photo and any other photos uploaded directly to the Services;
  3. Your age;
  4. Your personal description;
  5. Your location (where you are using the Application and are in a discoverable location);
  6. Your proximity to that User (where you are using the Application and are in a discoverable location);
  7. Where you are discovered by another User, the time and date details of that discovery;

6. Direct Marketing:

Your Personal Information may be used to offer you new products and services, notify you of new developments to our existing Services, or any other commercial communication including letting you know about the goods and services of any of our affiliates. By continuing to use the Services, you hereby consent to such marketing communications. In delivering such communications, we may contact you via email. If you do not wish to receive direct marketing communications from us, you may opt-out by contacting support@spotaapp.com. We will always give you an opportunity to opt-out of receiving future marketing communications.

7. Third-Party and Cross-Border Disclosure:

From time-to-time, it will be necessary for us to share your Personal Information with third parties in order for you to fully utilise our Services, including third-parties outside Australia, advertisers and analytics entities. We take reasonable measures to see that these entities will respect your privacy in line with the Australian Privacy Principles or their international equivalent. You agree that we may process your Personal Information on a server outside the country in which you live.

8. External Websites:

This Privacy Policy applies solely to information collected with regard to our Services. We take no responsibility for the collection of information and/or privacy practices of any third-party websites or applications that may be accessible via a hyperlink or third-party advertisementon the Spota Website and/or Application.

9. Access and Corrections to Your Personal Information:

You may, in writing, request that we provide you with items of your Personal Information. You do not need a reason for making such a request, however you may be charged for reasonable expenses that we incur in preparing and sending you a copy of your Personal Information. We reserve the right to refuse access to your Personal Information where the claim would impact the privacy of others, the information is commercially sensitive or the request is frivolous or vexatious.

We will take reasonable steps to see that your Personal Information collected and stored is accurate, up-to-date and complete. To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading. In this event, we will take reasonable steps to correct the information.

We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information or statistical data collected, including in the event that you cease to use the Services. If you believe the Personal Information collected or used by us or a third party is false or inaccurate, you have a right to have this information corrected. We will endeavour to correct this information within reasonable time, at no expense to you.

10. Cookies, Trackers and Analytics.

We may use "cookies" technology to store data on your computer using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the site before. You can modify your browser to prevent cookie use but if you do this our Services may not work properly. The information stored in the cookie is used to identify your browser or device. This enables us to operate an efficient service and to track the patterns of behaviour of users of the Services. In the course of serving advertisements to the Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by any such third-party advertiser or tracker is not subject to this Privacy Policy, but subject to the privacy policy of the relevant entity.

We may use Google Analytics data, which collects statistical information about visitors to the Website and/or the Application, including but not limited to IP addresses, geographical location, how you arrived at the Website and information about the device being used to access the Services such as the browser or operating system. Google Analytics data is collected through cookie technology, and subject to the terms of Google's Privacy Policy. You may opt-out of this cookie by installing this browser extension: https://tools.google.com/dlpage/gaoptout.

11. Security of Your Personal Information:

We will take reasonable steps to protect your Personal Information from interference, misuse, loss, unauthorised access, modification or unauthorised disclosure. We endeavour to take reasonable steps to see that your Personal Information is protected while stored by us, and de-identified once no longer required.

12. Transfer in Certain Circumstances

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of Spota then, in our sole discretion, we may transfer, sell or assign Personal Information collected to one or more relevant third-parties.

13. Protection of Children and their Personal Information

Spotadoes not permit persons under the age of 18 to register to use the Services,nor does it knowingly collect personal information from persons under the age of 18. If we learn that we have received personal information from persons under 18, we will delete and permanently destroy such information. If you are have cause to believe thatSpota has information about a person under 18, please inform Spota as soon as possible bycontacting support@spotaapp.com

14. Questions and Complaints:

If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at the contact details below.

Spota also has a formal complaints process regarding the use or misuse of your Personal Information. If you believe we have breached our obligations under this Privacy Policy or the Australian Privacy Principles, please contact us at the contact details below.

15. Our Contact Details:

Please email support@spotaapp.com for any queries regarding this Privacy Policy.

For further information on your online privacy rights visit www.privacy.gov.au.