FunCaptcha – Privacy Policy


Effective Date: 25 May, 2018.

In this Privacy Policy, the expressions “FunCaptcha”, “we”, “us” and “our” are a reference to FunCaptcha Pty Ltd (ACN 161 949 140) and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth)).

This Privacy Policy applies to Personal Data collected by us (as further defined and described below) in connection with our website at www.funcaptcha.com (the “Website”) and our products and services (together with our Website, the “Services”). We are bound by the Australian Privacy Principles and the Privacy Act 1988 (Cth), which govern the way private sector organizations collect, use, keep secure and disclose Personal Data.

Additionally, if you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data. FunCaptcha is the controller of your Personal Data except where we process Personal Data of our customers’ end users and employees in connection with our provision of services to these customers, making us the processor of such Personal Data and those customers the controllers of the Personal Data. For questions about cases where we are the controller of your Personal Data, or to inquire about your rights in such cases where applicable, please contact us at support@FunCaptcha.com. For more information about potential rights under the GDPR in cases where we are the processor, and to exercise such rights where applicable, please contact the controller party in the first instance.

The purpose of this Privacy Policy is to generally inform people of:

● how and when we collect Personal Data;

● how we use and disclose Personal Data;

● how we keep Personal Data secure, accurate and up-to-date;

● how an individual can access, correct and control their Personal Data; and

● how we will facilitate or resolve a privacy complaint.

If you have any concerns or complaints about the manner in which your Personal Data has been collected, used or disclosed by us, we have put in place a mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see further details below.

If you have any questions about this Privacy Policy or our privacy practices, we can be emailed at support@FunCaptcha.com or you can write to us at FunCaptcha Pty Ltd Level 2, 315 Brunswick St, Fortitude Valley, Brisbane, QLD 4006 Australia or 75 Broadway, Suite 202, San Francisco, California, 94111, USA. Our Data Privacy Officer will attempt to resolve any issues related to this Privacy Policy that are brought to our attention.

We recommend that you keep this information for future reference.

1. What is Personal Data?

Privacy laws such as the GDPR and the Privacy Act 1988 (Cth) generally define “Personal Data” (also known as “personal information”) to mean any information or opinion relating to an identified or identifiable individual.

2. What kinds of Personal Data are collected, used and disclosed by FunCaptcha and how are they used?

Common uses:

We set out some common collection, use and disclosure instances in the table below:

Purpose

Type of Information

Uses

Disclosures

Enquiries (online and in-person), Sales and Use of FunCaptcha Services

 

Contact information: such as:

– Your name.

– Company name.

– Address.

– Email address.

– Phone numbers.

– Username and password.

Additional information: Any additional information you provide us via our Website and Services, including but not limited to any information you provide to us when setting up your account and from using our products and Services.

 

Services: the provision of our services to you including:

– Using your Personal Data in order for you to use the Services offered by FunCaptcha, including but not limited to setting up your account with FunCaptcha.

– Payment processing, including charging, verification and debt collection.

– To provide customer service functions, including handling customer enquiries and complaints.

Marketing: using your Personal Data for the purposes set out in the “Marketing Services” section below.

General administrative and security use:

– To protect FunCaptcha’s website from security threats, fraud or other criminal activities.

– The use of your Personal Data collected in the administration and management of FunCaptcha’s Services.

– The maintenance and development of our products and services, business systems and infrastructure.

– To provide customer services to customers and for quality assurance purposes when calls are made to our customer services department.

•Third party service providers utilized in connection with any administrative matters.

•Third parties connected with the sales and after sales process including, payment gateway providers, ecommerce services, and financial institutions who assist us in providing our products and services to you.

•Third party service providers (including IT service providers and consultants) who assist FunCaptcha in providing our products and services.

•Related bodies corporate of FunCaptcha (including related entities).

 

Enquiries (online and in-person), Sales and Use of FunCaptcha Services

 

Credit information : contact and identifying information:

– Your name.

– Company name.

– Address.

– Email address.

– Bank account and credit or debit card details.

Vendor and Supplier payments: The processing of any payments and refunds, if applicable.

Purchases of FunCaptcha products and services: Payment processing, including charging, refunds (if applicable), credit card authorization, verification and debt collection.

General administrative and security use:

– To protect FunCaptcha’s Website and Services from security threats, fraud or other prohibited or criminal activities.

– The use of your Personal Data collected in the administration and management of FunCaptcha.

– The maintenance and development of our products and services, business systems and infrastructure.

 

•Third party service providers utilized in connection with any administrative matters.

•Our contractors and agents, including but not limited to third party providers who undertake our bill and/or credit services on our behalf and any third party providers who assist us in providing our products and services to you.

•Third party service providers (including IT service providers).

•Third parties connected with the sales and after sales process including, payment gateway providers, ecommerce services, and financial institutions who assist us in providing our products and services to you.

•Related bodies corporate of FunCaptcha (including related entities).

 

Marketing Services

Contact information : Such as:

– Your name.

– Email address.

– Current postal and residential address.

– Phone numbers.

– Country of residence.

– Age, if applicable.

 

 

 

 

 

 

 

 

General marketing and consumer analytics :

– Aggregate with other information and to then use it for marketing and consumer analytics.

– Offer you updates on products, events or information that may be of interest to you.

– Improve our services (including contacting you about those improvements and asking you to participate in surveys or reviews about our products and services).

– Marketing and promotional activities by us (including by direct mail, telemarketing, email, SMS and MMS messages) such as our email alerts, product awareness information and newsletters.

•Online Publisher accounts: If you create an account with FunCaptcha and you provide us your Personal Data, we will use it for:

– Adding account holders to marketing database.

– Customer service related contact.

•Service providers (including IT service providers) and any consultants that assist FunCaptcha with marketing and promotions.

•Third parties connected with the marketing process including, messaging service providers or other third parties who assist us in providing our products and services to you.

 

 

Business transfers and corporate transactions

Additionally, in some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information, including Personal Data, would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets can continue to use your Personal Data as set forth in this policy.

Additional disclosures

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Privacy Policy and our License Agreement or other customer agreement between you and us, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Other uses

If we use any Personal Data for purposes not set forth in this Privacy Policy, at or around the time we collect such Personal Data from you, we will endeavor to provide you with a notice which details how we will use and disclose that specific information.

3. How does FunCaptcha collect and hold Personal Data?

Collection generally

We collect Personal Data about you when you provide such information directly to us, when third parties such as our customers, business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

For example, when you engage in certain activities, such as filling out a survey or sending us feedback, we may ask you to provide certain information, which may include Personal Data.

Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

We also collect Personal Data about you from other sources, such as competitions (if you choose to participate), our customers and our third parties business partners and service providers. Some examples of these alternative collection events are:

(a) when we collect Personal Data about you from customers with whom you interact through their products or services (e.g. their websites on which one of our services are used); or

(b) when we collect Personal Data about you from publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post, White Pages directory, and social media platforms (such as Facebook, Twitter, Google, Instagram etc).

In some cases, we may collect Personal Data about you from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc).

How we hold your Personal Data

Once we collect your Personal Data, we will either hold and store it on infrastructure owned or controlled by us or with a third party service provider. We will take reasonable steps to ensure such service provider complies with the Privacy Act 1988 (Cth). We provide some more general information on our security measures below.

Cookies

We use “cookies” in connection with our Website and Services. Cookies are small text files that are saved by your browser when you access our Website or Services and which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our Website. Cookies can either be “session cookies” or “persistent cookies”. Session cookies are temporary cookies that are stored on your device while you are visiting our Website or using our Service, whereas “persistent cookies” are stored on your device for a period of time after you leave our Website or Services. We may use persistent cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, and how your use of the Services varies over time. We may also use persistent cookies to measure the effectiveness of advertising efforts. Through these cookies, we may collect information about your online activity after you leave our Services. For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm , https://ico.org.uk/for-the-public/online/cookies/ , and http://www.allaboutcookies.org/ .

Some cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Services, the pages you have visited and the links and advertisements you have clicked). These cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party cookies.

The Services use the following cookies:

Essential Cookies. Essential cookies are required for providing you features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Website. Disabling these cookies may make certain features and services unavailable.

Functionality Cookies. Functional cookies are used to record your choices and settings regarding our Service, maintain your preferences over time, and recognize you when you return to our Service. These cookies help us to personalize our content for you and remember your preferences (for example, your choice of language or region).

Performance/Analytical Cookies. Performance/analytical cookies allow us to understand how visitors use our Website and Service such as by collecting information about the number of visitors to the Website, what pages visitors view on our Website, and how long visitors are viewing pages on the Website. Performance/analytical cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Service’s content for those who engage with our advertising.

Retargeting/Advertising Cookies. Retargeting/advertising cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you.

In some cases, cookies may enable us to aggregate certain information with other Personal Data we collect and hold about you. FunCaptcha extends the same privacy protection to your Personal Data, whether gathered via cookies or from other sources, as detailed in this Privacy Policy.

You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.

Do Not Track

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

IP Addresses

We may gather your IP address and other uniquely identifiable information about your device or browser as part of our business activities and to assist with any operational difficulties or support issues with our services.

4. Other uses and discloses of Personal Data

In addition to the list at Section 2 of some common uses and disclosures we make regarding the Personal Data we collect, we may also use or disclose your Personal Data for the following reasons:

(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your Personal Data to be used or disclosed for such a purpose;

(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;

(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

(d) if it is required or authorized by law.

Use and disclosure procedures

In the event we propose to use or disclose such Personal Data other than for reasons set out in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use.

Your Personal Data is disclosed to these organizations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy.

We take such steps as are reasonable to ensure that these organizations or parties are aware of the provisions of this Privacy Policy in relation to your Personal Data.

Communications opt-out

If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at the top of this document. Please note that you cannot opt-out of non-marketing communications if you would like to continue using the Services.

5. Direct Marketing

Use of Personal Data for marketing purposes

By using our Services and providing us with Personal Data, you acknowledge and agree that we can use your Personal Data set out in:

(a) the “Enquiries (online and in-person), Sales and Users of FunCaptcha Services” section in Section 2 of this document above;

(b) the “Marketing Services” section in Section 2 of this document above;

to provide you with information and to tell you about our products, services or events or any other direct marketing activity which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (“Direct Marketing Communications”).

Furthermore, without limitation to the above, from time to time we also use your Personal Data to send you Direct Marketing Communications which we consider may be of interest to you if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us. The foregoing does not apply where it is expressly prohibited by applicable law.

Opt-out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 6, you may ask us not to send you any further information about products and services and not to disclose your information to other organizations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out at the top of this document.

6. Anonymity and pseudo-anonymity

To the extent practicable and reasonable, we will endeavor to provide you with the option of dealing with FunCaptcha on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is not practicable for FunCaptcha to correspond with you in this manner and your Personal Data may be required in order to provide you with our products and services or to resolve any issue you may have.

7. Cross Border Disclosure

Any Personal Data collected and held by FunCaptcha may be disclosed to, and held at, a destination outside Australia, including but not limited to the United States of America, Canada or the United Kingdom where we utilize third party service providers to assist FunCaptcha with providing our goods and services to you. Personal Data may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies. As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed above.

By submitting your Personal Data to FunCaptcha, you expressly agree and consent to the disclosure, transfer, storing or processing of your Personal Data outside of Australia or the country in which you are located, and you understand and acknowledge that countries outside Australia or the country in which you are located may not have the same privacy protection obligations as Australia or the country in which you are located in relation to Personal Data. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

If you are located in Australia, the Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your Personal Data outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By obtaining your consent (after being informed of the cross border disclosure), under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting Personal Data and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

If you do not agree to the disclosure of your Personal Data outside Australia or the country in which you are located by FunCaptcha, you should tell FunCaptcha that you do not consent. To do this, either elect not to submit the Personal Data to FunCaptcha after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document. Please note that this may mean that you will be unable to use some or all of our Services.

8. Data security and quality

FunCaptcha’ security generally

We have taken steps to help ensure your Personal Data is safe and protected from unauthorized access, use, disclosure, alteration or destruction. We will take reasonable steps to:

(c) make sure that the Personal Data we collect, use or disclose is accurate, complete and up to date;

(d) protect your Personal Data from misuse, loss, unauthorized access, modification or disclosure both physically and through computer security methods; and

(e) destroy or permanently de-identify Personal Data if it is no longer needed for its purpose of collection.

Accuracy

The accuracy of Personal Data depends largely on the information you provide to us, so we recommend that you:

(a) let us know if there are any errors in your Personal Data; and

(b) keep us up-to-date with changes to your Personal Data (such as your name or address).

We provide information about how you can access and correct your information in Section 10.

9. What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email support@FunCaptcha.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing us at support@FunCaptcha.com.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

10. Resolving Privacy Complaints

Complaints generally

We have put in place a mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

Contacting FunCaptcha regarding complaints

If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your Personal Data, please contact us by:

Telephone: +61 423 515 998

Email: support@FunCaptcha.com

Post: FunCaptcha Pty Ltd Level 2, 315 Brunswick St, Fortitude Valley, Brisbane, QLD 4006 Australia or 75 Broadway, Suite 202, San Francisco, California, 94111, USA.

Please mark your correspondence to the attention of the Data Privacy Officer.

Steps we take to resolve a complaint

In order to resolve a complaint, we:

(a) will liaise with you to identify and define the nature and cause of the complaint;

(b) may request that you provide the details of the complaint in writing;

(c) will keep you informed of the likely time within which we will respond to your complaint; and

(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint.

Register of complaints

We will keep a record of the complaint and any action taken in a Register of Complaints.

11. Consent, modifications and updates

Acknowledgement

By using our website, purchasing a product or service from FunCaptcha, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing:

(a) to the data collection, use and processing activities set forth in this Privacy Policy; and

(b) that you have been informed of all of the matters in this Privacy Policy.

Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your Personal Data due to the changes in our Privacy Policy, please cease providing us with your Personal Data and contact us via the details set out at the top of this document.

12. What if you have questions regarding your Personal Data?

California Privacy Rights : Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 75 Broadway, Suite 202, San Francisco, California, 94111, USA .

If you have any questions about this Privacy Policy or our data practices generally, please contact us using the following information:

FunCaptcha Pty Ltd

support@funcaptcha.com

75 Broadway, Suite 202, San Francisco, California, 94111, USA

Data Protection Officer and contact information: privacy@funcaptcha.com