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Pogozo Privacy Policy

Pogozo is committed to ensuring your privacy and has developed this Privacy Policy in accordance with the following –  Privacy Act 1988 (Australia); Privacy Act 2020 (New Zealand), to inform you as to what we do with the information revealed to us that relates to you. 

DEFINITIONS 

The following terms will have the following meanings in this Privacy Policy: –

  1. “information” may include Personal Information.
  2. “Personal Information” means any information or opinion about an identified and actual person or an individual who is reasonably identifiable. 
  3. “Pogozo”, “us” or “we” means Pogozo Australia Pty Ltd
  4. “Pogozo Products” means any website, program, software, app, or system used by, owned by, sold or licensed by Pogozo. 
  5. “Pogozo Website” means the website conducted for Pogozo at Pogozo.com
  6. ‘You’ and “your” means any entity including any individual, company, association or organisation including any servant, agent, associate, employee, director, secretary, member ; and any end user, customer or patient thereof, that uses the Pogozo Website, the Pogozo software or the Pogozo app or any other Pogozo Product or service provided by Pogozo including but not limited to entities carrying on the business of a gym, physiotherapist, medical practitioner, personal trainer, or other health provider and their end user, customers and patients. 


THE KIND OF PERSONAL INFORMATION WE COLLECT AND HOLD 

We may collect all the Personal Information and other information that is provided to us including but not limited to the following: –

  1. Any name, ABN, address, email and telephone number. 
  2. IP addresses, browser type, device identifiers and usage data.
  3. Contact details of the contact person for any organisation or entity including their phone number. 
  4. The number of practitioners or coaches or healthcare providers and staff members and subcontractors linked to a business. 
  5. Information uploaded or processed through the Pogozo products.
  6. The subscriptions held with Pogozo.
  7. Financial data including all bank and credit card details as well as other payment information including payment history. 
  8. Any usernames and passwords for using Pogozo Products. 
  9. Any usage of Pogozo Products. 
  10. The location of the businesses from which an enterprise is conducted. 


HOW DO WE COLLECT AND HOLD PERSONAL INFORMATION?

We collect your Personal Information when you use any Pogozo Product or correspond with Pogozo. 

If you are a user of any Pogozo Products including the Pogozo Website, when you create an account including creation on the app or website we may ask for and you may provide Personal Information to us. We may collect that information. 

If you correspond with Pogozo, we may retain all the information contained within your correspondence or information used to transmit the correspondence to us. 

We may use computer technologies to collect data including information about how you navigate through and use Pogozo Products. 

We may receive information about you from other sources such as social media, forums, referrals and public data platforms. 

We may receive information through the use of the Pogozo app by you and or your end users, customers or patients. We may collect information in respect of such use including how, when and why the app was used, who used the app and what use was made of the app and its features. 

The information we collect will be stored electronically and or in hard copy. If it is stored electronically, it is stored by a third-party cloud service provider.


THE PURPOSES FOR WHICH WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION

We may collect, hold, review, use and disclose your Personal Information to enable us to provide our products to you and to administer and perform the contract made between Pogozo and the subscriber that entered into a subscription agreement with us and to communicate with you and process your payments to us and payments between our subscribers and their customers. The information will enable us to understand how our products are being used and to develop, improve and refine our products to better serve our customers, provide customer support, improve the Pogozo products and to influence our marketing of Pogozo Products to ensure the future and growth of Pogozo. 

We may disclose Personal Information to our business partners and third-party entities that provide services to us including website hosting and payment facilitators. We may disclose Personal Information to our suppliers and subcontractors and to comply with any legal obligations or lawful endeavours. 

We may disclose and or transfer your information to a third-party in the event that we obtain legal, accounting, marketing, analytical analysis and or business advice. We may disclose personal information to cloud hosting providers, payment processors, technical support providers and legal authorities when required by law. We may reveal and transfer your information if we sell, merge or transfer all of the assets of Pogozo to another entity. All service providers must comply with appropriate privacy and security standards.


CROSS – BOARDER DISCLOSURE

Because Pogozo operates in Australia, personal information may be transferred between:

  • Australia
  • New Zealand
  • other jurisdictions where our infrastructure providers operate.

We take reasonable steps to ensure overseas recipients protect personal information consistent with the Privacy Act 2020 (New Zealand) and Privacy Act 1988 (Australia).


Data Security

We implement reasonable technical and organisational safeguards including:

  • encryption
  • secure access controls
  • regular security reviews
  • monitoring for unauthorized access.


HOW YOU MAY ACCESS PERSONAL INFORMATION ABOUT YOU THAT IS HELD BY POGOZO AND SEEK THE CORRECTION OF SUCH INFORMATION. 

You may contact Pogozo and request, in writing, access to Personal Information that Pogozo holds about you. Pogozo will use its best endeavours to respond to your request within a reasonable time and will provide you with access to that Personal Information by way of the provision of a copy of that information to you unless we are prohibited by law from doing so. 

Should you request such access, we reserve the right to charge you a reasonable fee for processing your request. 

If upon receipt of access to or a copy of your Personal Information, you determine that the Personal Information is not correct, you may notify Pogozo in writing of the information that you say is not correct and identify the information that you say would be correct if it was substituted in lieu of the alleged incorrect information. You may request, in writing, that Pogozo substitute the said correct information for the alleged incorrect information and Pogozo may, in its absolute discretion, decide whether to add the correct information to or to substitute the correct information in lieu of the alleged incorrect information. 


HOW YOU MAY COMPLAIN ABOUT A BREACH OF THE AUSTRALIAN PRIVACY PRINCIPLES OR A REGISTERED APB CODE (IF ANY) THAT BINDS POGOZO, AND HOW POGOZO WILL DEAL WITH SUCH COMPLAINTS 

You may make a complaint to Pogozo about an alleged breach by Pogozo of the Australian Privacy Principles, or a registered APP Code (if any) that binds Pogozo by contacting Pogozo in writing, whether by letter or email, setting out the details of the alleged breach. 

Upon receipt of such complaint, Pogozo shall use its best endeavours to investigate the complaint and respond to you, in writing, within a reasonable time, advising you of the results of its investigation. If Pogozo accepts that it has breached the Australian Privacy Principles, or a registered APP Code (if any) that binds Pogozo, then Pogozo shall advise you what it intends to do about the breach and the steps it intends to take to ensure that no further breach occurs. 

If you are not satisfied with Pogozo’s response, you may make a complaint to the Australian Information Commissioner and Privacy Commissioner. That can be done online – oaic.gov.au, or by mail sent to GPO Box 5288 Sydney, New South Wales 2001 or by fax +61 2 61235145. 

For New Zealand users, Individuals may request:

  • access to their personal information
  • correction of inaccurate information.

Requests can be made by contacting the Privacy Officer.

These rights are provided under the Privacy Act 2020 (New Zealand).

If you believe your privacy rights have been breached, you may contact us.

If unresolved, you may lodge a complaint with the:

Office of the Privacy Commissioner New Zealand



WHETHER POGOZO IS LIKELY TO DISCLOSE PERSONAL INFORMATION TO OVERSEAS RECIPIENTS

It is intended that Pogozo will grow to be a company that operates in many countries around the world. Pogozo has no intention of disclosing Personal Information to overseas recipients and therefore such is unlikely to occur.


CONSENT

By applying for a subscription for the use of or by using any Pogozo Product, you consent to the collection of Personal Information and Non-Personal Information by Pogozo, and you acknowledge and agree that the information collected is reasonably necessary for one or more of Pogozo’s functions and activities. 

If you do not agree with this Public Policy and the contents of the paragraph above, you are prohibited from using the Pogozo Products. If you do not agree with this Public Policy and the contents of the paragraph above, you hereby acknowledge and agree that you are and will by estopped from making any complaint or claim in relation to any alleged absence of consent by you to the collection of the Personal Information. 


THE MAIN CONSEQUENCES (IF ANY) FOR YOU IF ALL OR SOME OF THE INFORMATION IS NOT COLLECTED BY POGOZO

If Pogozo is not allowed to collect the information, Pogozo: – 

  1. will not agree to you subscribing to or otherwise using any of the Pogozo Products;
  2. will not be able to perform and enforce the terms and conditions of the subscription contract or the use of the Pogozo Products;
  3. will not be able to monitor the use of its products;
  4. will not be able to develop, improve and refine its products.

We reserve the right to update this Privacy Policy at any time without notice. 



THE IDENTITY AND CONTACT DETAILS OF POGOZO 

Name: Pogozo Australia Pty Ltd

Email Address: hello@pogozo.com

Business Address:

Suite 12.3 

Level 12 

239 George Street, 

Brisbane, Queensland 4000