Your rights in relation to privacy
Shacky Pty Ltd ACN 612 068 587 (Shacky) understands the importance of protecting the
privacy of an individual’s personal information. This policy sets out how Shacky aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Shacky and the way Shacky collects, holds, uses and discloses your personal information.
In handling your personal information, Shacky complies with the Privacy Act 1988 (Cth)
(Privacy Act), the 13 Australian Privacy Principles in the Privacy Act and all relevant
Australian privacy laws.
This policy may be updated from time to time.
What kinds of personal information does Shacky collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its products and/or services, Shacky may
collect your personal information.
Generally, the kinds of personal information Shacky collects are:
(a) contact, identification and verification information such as your name, age, gender, address, telephone number and email address;
(b) contact and identification information about your guests provided to us via additional guest forms completed by you;
(c) where you are acting on behalf of another entity (whether as an employee, director or other representative), details of that entity and your relationship with it;
(d) banking details and financial information as required for Shacky’s functions and activities, for example, to facilitate payments under our online platform and in respect of contractors engaged by Shacky;
(e) other information required for Shacky’s functions and activities.
In some circumstances Shacky may also hold other personal information provided by you.
How does Shacky collect personal information?
Generally, Shacky collects your personal information directly from you, through the completion of an online form, an interaction or exchange in person or by way of telephone,
email, post or through the use of the Shacky website or platform.
There may be occasions when Shacky collects your personal information from other sources such as from:
(a) an entity you represent (including but not limited to your employer or a company of which you are a director), where necessary for Shacky to provide its products or services to that entity through you or where necessary for that entity to supply products or services to Shacky;
(b) organisations that facilitate payment or identity verification services in connection with your use of our platform;
(c) an information services provider;
(d) a publicly maintained record or other publicly available sources of information including social media and similar websites, such as Facebook;
(e) if for recruitment purposes, an external recruitment, labour hire, or background screening services provider or third parties with whom you have previously worked;
(f) a government agency. Generally, Shacky will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
Why does Shacky need your personal information?
Shacky collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
(a) providing the services you have requested, ordered or purchased from Shacky including:
(i) to enable access to our online platform, and provide associated services;
(ii) to process transactions you may enter with members and other users via our online platform;
(iii) to enable you to communicate with other members and users, including but not limited to by sending them messages or other information during the booking process;
(iv) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and any information requested by you;
(v) for invoicing purposes;
(vi) to respond to any inquiries, feedback or complaints made by you;
(b) providing Shacky’s services to you or the organisation you represent and all associated purposes;
(c) enabling Shacky to promote its products and services to you;
(d) assisting Shacky to improve its products and services;
(e) processing and assessing employment applications for current and future positions;
(f) accounting, billing and other internal administrative purposes;
(g) emailing newsletter registration;
(h) otherwise managing Shacky’s internal business operations and processes; and
(i) any other legal requirements.
Shacky may also use your personal information for purposes related to the above purposes and for which you would reasonably expect Shacky to do so in the circumstances, or where you have consented, or the use is otherwise in accordance with law.
The principal legal grounds for Shacky’s use and disclosure of your personal information are as follows:
- Consent: where you have consented to Shacky’s use or disclosure of your personal information.
- Contract performance: where Shacky is required to collect and handle your personal information in order to provide you (or the organisation you represent) with the products and services that Shacky has contractually agreed to provide to you (including through our online platform);
- Legal obligation: where Shacky needs to use or disclose your personal information to comply with its legal obligations. Where personal information is used or disclosed, Shacky takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed.
You are under no obligation to provide your personal information to Shacky. However, without certain information from you, Shacky may not be able to provide its products and/or services to you.
To whom does Shacky disclose your personal information?
Shacky discloses your personal information for the purpose for which Shacky collects it. That is, generally, Shacky will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
(a) users of the platform through your public profile page or if you post content that contains personal information in a community forum or using other features on the platform that are visible to the public;
(b) hosts, experience providers and guests who you may choose to transact with through the platform;
(c) third parties engaged to perform administrative or other business management functions, including debtor management, delivery and courier companies, call
centres, mailing houses, financial institutions, mercantile agents, and web-hosting organisations;
(j) Shacky’s professional advisors, agents, contractors, consultants and related bodies corporate;
(k) insurance providers;
(l) recruitment and labour hire agencies (as required).
Shacky’s disclosures of your personal information to third parties are on a confidential basis and/or otherwise in accordance with law. Shacky may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Shacky may use and disclose your personal information in order to inform you of products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting Shacky via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you.
Security of your personal information
Shacky takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference, and loss and from unauthorised access, modification, or disclosure. Shacky holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
Shacky will destroy or de-identify personal information in circumstances where it is no longer required, unless Shacky is otherwise required or authorised by law to retain the
Can you access and correct the personal information that Shacky holds about you?
Shacky takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy
Act, you have a right to access and seek correction of your personal information that is collected and held by Shacky. If at any time you would like to access or correct the
personal information that Shacky holds about you, or you would like more information on Shacky’s approach to privacy, please contact Shacky’s Privacy Compliance Officer on the details set out in paragraph 11 below.
Shacky will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
(a) you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
(b) Shacky requests that you be reasonably specific about the information you require; and
(c) Shacky may charge you a reasonable administration fee, which reflects the cost to Shacky for providing access in accordance with your request.
Shacky will endeavour to respond to your request to access or correct your personal
information within 30 days from your request.
Shacky’s website may, from time to time, contain links to the websites of other organisations which may be of interest to you. Such links are provided as a convenience to you and should not in any way be interpreted as an endorsement of any company, content or product that may be linked. Any access to a third party website that is linked to Shacky’s website is at your own risk and Shacky has no control over and is not responsible for the accuracy, validity or ownership of any content of a linked site and the privacy
practices of those linked websites. You should check those websites for their respective Privacy Policies.
Shacky’s website uses ‘cookies’ which are small pieces of information sent from the website and stored by your browser on your computer’s hard drive. Cookies that Shacky
uses enable its systems to provide features of its services and allow you to visit its website without re-entering your username and/or password, personalize and improve your
experience, and to improve the functionality and user-friendliness of its services and monitor how its website is used through your computer.
This information is used by Shacky to improve and tailor its website functionality and better understand how you interact with Shacky’s services and to monitor aggregate usage and web traffic routing on its website. You can modify your browser setting by editing your browser options to reject Shacky’s cookies or to prompt you before accepting a cookie.
However, if a browser does not accept cookies or if you reject a cookie, some portions of Shacky’s online services may not function properly. The Shacky platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain log data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
How to contact us
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact Shacky’s Privacy Compliance Officer at:
Shacky Pty Ltd
100 Spring St N, Port Melbourne, Victoria , Australia
Please direct all privacy complaints to Shacky’s Privacy Compliance Officer. At all times, privacy complaints:
(a) will be treated seriously;
(b) will be dealt with promptly;
(c) will be dealt with in a confidential manner; and
(d) will not affect your existing obligations or affect the commercial arrangements between you and Shacky.
Shacky’s Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.