Privacy Policy
INTRODUCTION
For the purpose of this Privacy Policy "you" or "your" means any end user accessing our App or our Website (as defined below), "we" or "us", "our" means SamKnows Ltd with registered office at 2 New Street Square, London, EC4A 3BZ and registration number 06510477.
We are committed to protecting the privacy of individuals with whom we deal and handle personal information we collect and hold in accordance with the Privacy Act 1998 (Cth) and the Australian Privacy Principles ("APPs") in the Privacy Act (Privacy Laws).
This Privacy Policy together with our cookies policy available at https://www.samknows.com/legal/cookie-policy (the "Cookies Policy"), SamKnows website terms available at https://measuringbroadbandaustralia.com.au/terms-and-conditions (the "Website Terms") and any other documents referred to on it explains how and for what purpose we collect information about you if you are an individual in Australia and in relation to the business we conduct in Australia, who we disclose your personal information to, how you may access and seek correction of the personal information we hold about you, how to complain about a breach of your privacy and how we will deal with your complaint.
1. Information We May Collect From You
1.1 Information you give us (“Submitted Information”):
1. Information that you provide to us by filling in forms and submitting information by email, through our Website at www. measuringbroadbandaustralia.com.au or the SamKnows application (the App), subscribing to any one of our services, through surveys, or by requesting further services (e.g. when you apply for a Whitebox or when you register with us to have access to our broadband measurement services).
2. The information you give us may include your:
(a) name and address,
(b) e-mail address,
(c) username, password,
(d) financial information (e.g. when you purchase a Whitebox), your IP address, and
(e) your phone number.
3. Records of communications between you and us relating to services provided by us to you. If you contact us, whether through the App, the Website or otherwise we may keep a record of that correspondence. For example, if you submit a query, a complaint, report a problem with our service, Website or App, or otherwise liaise with our customer service, technical support or any other department in our company.
4. Messages you may choose to post on any online forum or other message platforms that we may make available for this purpose on the App or the Website.
5. Our market research surveys you choose to respond to and complete.
1.2. Information we collect about you and your device. Each time you visit our Website or use our App we may automatically collect the following information:
1. Technical information including:
(a) The type of PC you use and your IP address;
Device information:
(i) the type of mobile device you use, a unique device identifier (for example, your Device's IMEI and IMSI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting. For instance, when the measurement application starts, we may record the manufacturer and model of mobile device you are using, and the version of the operating system installed on your mobile device.
(ii) your mobile device’s IMEI and IMSI, collected to identify individual devices for the purposes of collating information about testing, but this data is not used to identify individual users.
(iii) information about your mobile device performance, such as your service provider, the strength of the radio signal, and what type of connection (e.g. 3G, 4G, Wi-Fi, etc.) service you have.
This data is stored on your phone in a protected private area for the App, and is periodically uploaded to our servers. Older data is also periodically deleted from your phone.
("Device Information");
2. Details of your use of our App or your visits to our Website including, but not limited to traffic data, weblogs and other communication data ("Log Information").
3. Location information. We also use GPS technology or similar technologies, to determine your current or past location (e.g. to enable us to provide you with the broadband measurement services and to gather more accurate broadband performance information - in aggregated form – e.g. when we measure your mobile broadband performance, we identify the location and unique ID of the cell tower that is providing the service, and the GPS location of your device when the measurements were made) (the "Location Information"). Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by changing the settings in your phone.
4. Time of data collection. We record the times when we perform measurements of your fixed or mobile broadband performance. Some measurements function by recording a start and end time.
5. Information we receive from other sources ("Third Party Information"). We are working closely with third parties (including, for example, the communication operators, business partners, sub-contractors or public bodies) in relation to our broadband measurement services. When required by Privacy Laws, we will notify you when we receive information about you from them and the purposes for which we intend to use that information.
6. Unique application numbers: when you install or uninstall an App containing a unique application number or when such App searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us ("Unique App Numbers").
1.3. We may check some of the information that you provide against third party databases to confirm that it is accurate (for example if we need to confirm your ISP provider using your IP address).
1.4. We use third party payment agents to manage payments. In doing so, you will be asked by the payment agent for your card details and billing address, or your bank account details, and other information necessary to complete any transaction. This information is held by the third party payment agent, and you will be asked to agree to their terms and conditions, including their privacy policy, in completing the payment steps.
1.5. We have no access to your credit or debit card details, but we may have access to your billing address and payment history in order to assist with customer service enquiries. Under no circumstances are these details disclosed to any third parties other than those who need to know this information for the performance of the services requested by you.
2. How We May Use The Your Information
2.1. We may process the information we collect about you for the purpose of:
1. Providing and personalising our products or services;
2. Carrying out our obligations arising from any contracts entered into between you and us and between us and public bodies on whose behalf we administer broadband performance measurement programs (Programs);
3. Communicate with your communications provider and public bodies on whose behalf we administer Programs in relation to the communications services you are receiving and their speed, quality and performance;
4. Providing you access to all parts or features of our services, the App or the Website;
5. Notifying you about changes to our services;
6. Improving and developing our services, the App or the Website;
7. Ensuring that content from our App or our Website is presented in the most effective manner for you and for your computer or mobile device;
8. Dealing with your inquiries and requests, including contacting you where necessary;
9. Resolving disputes, providing customer support and troubleshooting problems in relation to our services
10. Administering registration records (including reminders, e.g. to update your payment details);
11. Contacting you for your views on our services and notifying you occasionally about important changes or developments to our services, the App or the Website;
12. Carrying out market research campaigns;
13. Protect the rights, property or safety of SamKnows, our customers, or others; and
14. Debt recovery or debt tracing, crime, fraud protection, credit risk reduction and money laundering compliance.
Direct marketing
2.2 Where you have provided consent, we may send you marketing communications by email, SMS or by any other method by which you have elected to receive direct marketing, with information about broadband measurement projects in Australia and our services or services offered jointly with other organisations. You can to opt out from receiving direct marketing at any time. To opt out contact us on [email protected] or click "unsubscribe" or “opt-out” in the electronic communication you receive.
2.3 We may also use your information and statistics for the purposes of monitoring the usage of the App or the Website and our services and may provide such aggregate information to third parties such as the communication operators. For instance, we will collect aggregated data (i.e. aggregated statistics that describe broadband performance) about the performance of your broadband connection and share it with third parties (for example, we may provide aggregated information to a communication operator about the internet broadband performance of 1,000 broadband connections). These statistics will not include information that can be used to identify you.
2.4 If you stop using our services, the App or our Website or your permission to use the App, the Website or our services is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by Privacy Laws.
3. Information Security
3.1. The Internet is not a secure medium. However, we have put in place various security procedures with regards to the App and the Website and your electronic communications with us, as set out in this Privacy Policy.
3.2. Where relevant, with respect to online payments, all your payment details will be passed from your browser for processing using encryption. All information you provide to us is stored on our secured servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology or other suitable encryption technology.
3.3. Where you have been allocated a user admin area (an "Account"), this area is protected by your user name and password, which you should never divulge to anyone else. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.4. Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.
3.5. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
3.6. We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.
3.7. All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our users’ information.
3.8. We ensure that your information will not be disclosed to government institutions or authorities except if required or authorised by law or when requested to by regulatory bodies or law enforcement organisations.
3.9. Certain services may include social networking, chat room or forum features. When using these features please ensure that you do not submit any personal data that you do not want to be seen, collected or used by other users.
4. To Whom Will Your Information Be Disclosed?
Your information may, for the purposes set out in this Privacy Policy, be disclosed for processing to:
1. Any member of our group companies and their employees, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
2. Successors in title to our business;
3. A prospective seller or buyer in the event that we sell or buy any business or assets, in which case we will disclose your personal data to such business or assets;
4. Third party consultants, contractors or other service providers to whom we may contract out part of our services plus other ancillary services so they can provide us with their services and who may access your personal information when doing so (including but not limited to IT support suppliers, hosting, credit checking, billing, and verification of sales);
5. Government bodies and law enforcement agencies and in response to other legal and regulatory requests, if we are required or authorised by law to disclose or share your personal data;
6. Auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
7. Any third party where such disclosure is required in order to enforce or apply our end user terms, Website Terms and/or other agreements;
8. Other companies and organisations we may exchange information with for the purposes of fraud protection and credit risk reduction;
9. Your communications provider (e.g. your ISP provider) .
10. Depending on the program you join and the services you request, relevant public bodies (e.g. the Australian Competition and Consumer Commission).
5. Your Rights Of Access to and Correction of Your Information
5.1. You can access the personal information we hold about you at any time and ask it to be corrected and we may correct your personal information by amending, updating or deleting it. Please send your access or correction request in writing to: SamKnows Limited, The Pavillion, 1 Newham's Row 3rd floor, London SE1 3UZ. You will need to provide your name, address and proof of identity and a brief description of the information you would like to access and how you would like to receive access correct.
5.2. If your personal details change, please help us to keep your information up to date by notifying us at [email protected]
5.3. We may charge a reasonable fee to provide you with the information you have requested.
6. Cookies
We use cookies to distinguish you from other users of the App, or our Website. This helps us to provide you with a good experience when you use the App or browse our Website and also allows us to improve the App and our Website. For detailed information on the cookies, the way we use them and the purposes for which we use them, see our cookie policy. Where We Disclose, Store And Process Your Information (including overseas)
6.1. The data that we collect from you may be transferred to, and stored at, a destination outside Australia, including in the United Kingdom It may also be processed by staff operating outside Australia who work for us or for one of our suppliers or affiliates. Such staff may be engaged in, among other things, the provision of the services, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and our obligations under the Privacy Laws.
7. Your Consent And Changes To This Privacy Policy
7.1. By submitting any personal information (including, without limitation, your payment details) to us or by downloading and using our App you consent to the use and disclosure of information as set out in this Privacy Policy. We reserve the right to amend, modify or update this Privacy Policy and if we do so we will post the changes on the App and/or our Website. It is your responsibility to check the Privacy Policy every time you submit information to us. Use will signify that you agree to any such changes.
7.2. In the event the purposes for processing personal information change which is not permitted under the Privacy Laws, then we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing which is not compatible or similar to the originally specified purposes.
8. Use Of Your Personal Information Submitted To Other Apps
8.1. We are not responsible for the privacy policies and practices of other apps or websites even if you accessed the third party app using links from our App or by means of our services.
8.2. We recommend that you check the policy of each app or website you visit and contact the owner or operator of such app if you have concerns or questions.
9. Data Retention
9.1 We will keep your data for as long as: (i) you have consented to it; or (ii) it is necessary for us to provide you with our services or to comply with our obligations under applicable law (such us tax and accounting rules), this Privacy Policy, or our Terms; (iii) it is required in respect of the purposes for which such information was provided to us, including where you have given us permission to use it to contact you in the future for marketing purposes, (which may include sending you emails or SMSs about the broadband measurement services we promote).
10. Further Information – our contact details and how to complain
10.1 If you would like to let us know about something we have done, or failed to do, whether positive or negative, please let us know. If you think there is a problem with the way we are handling your personal information, you can make a complaint in writing to [email protected]. We will acknowledge receipt of your complaint promptly and may need to verify your identity by asking you to provide further information to enable us to investigate your complaint, after which we will provide you with a response, generally within 14 days.
If you are not satisfied with our resolution of your complaint, you have the right to complain to the Office of the Australian Information Commissioner at:
GPO Box 5218 Sydney NSW 2001
Telephone: 1300 363 992
https://www.oaic.gov.au
Last updated May 2018