This document sets out the privacy policy of Starky Digital Pty Ltd ABN 29 687 389 073 (referred to in this privacy policy as “we”, “us”, or “our”). For the purposes of applicable data protection law, in particular, the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018, your data will be controlled by us.

This privacy policy applies whenever we collect your personal information and/or personal data (your personal data). This includes between you, the visitor to this website (whether directly as our customer or as personnel of our customer), and us, the owner and provider of this website and also where we are directed by a third party to process your personal data.

This privacy policy applies to our use of any and all data collected by us or provided by you when you:

• create an account;
• use our web-based software platform (the Solution);
• visit our website; or
• communicate with us.

We operate globally. This policy is designed to comply with:

• the Australian Privacy Act 1988 (Cth);
• the EU General Data Protection Regulation (GDPR);
• the UK Data Protection Act 2018; and
• other applicable data protection laws.

We take our privacy obligations seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data in connection with your use of our website. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.

We collect personal information that is reasonably necessary to provide the Solution.

This may include:

Account Information

1. full name;
2. email address;
3. password (encrypted);
4. company name;
5. role/title;
6. billing details;
7. payment information (processed via third-party payment processor).

Communications Information

1. email correspondence;
2. support enquiries;
3. feedback or survey responses.

Technical Information

1. IP address;
2. browser type;
3. device type;
4. operating system;
5. usage logs;
6. interaction data within the Solution.

Advertising & Platform Data

Where you connect advertising platforms, we may collect account identifiers and campaign data necessary to provide the Solution.

We do not collect sensitive personal information unless required and explicitly provided.

We collect personal information:

1. directly from you when you create an account;
2. when you subscribe to the Solution;
3. when you contact us via email;
4. when you use the Solution;
5. via cookies and analytics tools; and
6. from third-party integrations you connect to the Solution.

We may also collect personal data from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, cookies or other similar tracking technologies that allow us to track and analyse your website usage. For more information, please see our Cookie Policy.

We collect and use personal data to:

1. create and manage your account;
2. provide and improve the Solution;
3. process payments;
4. provide customer support;
5. prevent fraud or misuse;
6. comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
7. where we have your consent, including to send you marketing and promotional messages and other information that may be of interest to you. In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt-out of receiving marketing materials from us by using the opt-out facility provided (for example, an unsubscribe link); and
8. fulfil our legitimate interests including:
   
   1. to develop and carry out marketing activities and to conduct market research and analysis and develop statistics;
   2. to improve and optimise our service offering and customer experience;
   3. to send you administrative messages, reminders, notices, updates and other information requested by you;
   4. to consider an application of employment from you; and
   5. the delivery of our services.

We use your email address to send:

1. account-related communications;
2. service updates;
3. security notifications;
4. administrative notices; and
5. billing communications.

These communications are necessary for the provision of the Solution.

Where GDPR applies, we process personal data on the basis of:

1. performance of a contract;
2. compliance with legal obligations;
3. legitimate interests (service improvement, security, fraud prevention); and
4. consent (for marketing communications).

We may disclose your personal data in certain circumstances, as follows:

1. payment processors, such as Stripe;
2. cloud hosting providers (hosted in Australia);
3. IT service providers;
4. professional advisers;
5. regulatory authorities where required by law;
6. where there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal data and non-personal data contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances; and
7. service providers and other affiliated third parties to enable us to provide our services to you including other professional advisers such as accountants, disaster recovery service providers, auditors and/or overseas counsel.

We do not sell personal information.

We do not disclose personal information to third parties for marketing without consent.

8. International Access

9. Data Security

10. Third-Party Links

11. Minors

12. Data Retention

13. Your Rights

14. Contact Us